Texas Real Estate Law Questions & Answers
Q: Could my brother and I remove my other brother from the affidavit of heirship and have him evicted from my Mom's home?
Terry Lynn Garrett's answer
No. If he was born an heir, he is an heir.
If there is a landlord-tenant problem, please repost your question with more information under landlord-tenant.
No. If he was born an heir, he is an heir.
If there is a landlord-tenant problem, please repost your question with more information under landlord-tenant.
Q: Dad wants to make sure youngest sibling receives house when gone. what must be done now.
Tammy Lyn Wincott's answer
A Revocable Transfer on Deed Death may work for your Dad's situation. Have your dad speak with an estate's attorney for further clarification.
A Revocable Transfer on Deed Death may work for your Dad's situation. Have your dad speak with an estate's attorney for further clarification.
Q: We live in house that has parents name on deed. Can they just change the deed over to our name?
Vincent Gallo's answer
Sure, provided that they co-operate and sign the necessary conveyance documents.
Sure, provided that they co-operate and sign the necessary conveyance documents.
Q: Mother died 2 yrs ago had notarized will but did not file it in the court system. Is will still valid? What do I do now?
James Norman Willi's answer
Yes, the will should still be valid. I recommend that you contact an estate planning and/or probate attorney to discuss your options.
Yes, the will should still be valid. I recommend that you contact an estate planning and/or probate attorney to discuss your options.
Q: In Ft Worth, Tx fence between mine and a neighbor's yard needs to be replaced. Who's resposible?
1 Answer
| Asked
in
Consumer Law, Real Estate Law, Civil Litigation and Gov & Administrative Law
for
Texas
on
Answered on May 3, 2017
Answered on May 3, 2017
Mr. Charles C Guidry's answer
I suggest that you do the survey. The survey will determine the ownership of the fence by statute of limitation or land ownership. It is nice to work thing out amicably, but if you can't then the first option will be best.
I suggest that you do the survey. The survey will determine the ownership of the fence by statute of limitation or land ownership. It is nice to work thing out amicably, but if you can't then the first option will be best.
Q: I'm a senior citizen I got sick my son came and took my house and my money and ran with it what can I do
1 Answer
| Asked
in
Criminal Law, Family Law, Real Estate Law and Elder Law
for
Texas
on
Answered on Apr 30, 2017
Answered on Apr 30, 2017
Terry Lynn Garrett's answer
It is not clear what you mean by "my son took my house." Did he change the name on the deed?
You are fortunate to live in Dallas County. There is an assistant district attorney who heads a section specializing in elder abuse, including fraud and exploitation. Contact the district attorney's office and give them a copy of any papers you may have showing what happened. Good luck!
It is not clear what you mean by "my son took my house." Did he change the name on the deed?
You are fortunate to live in Dallas County. There is an assistant district attorney who heads a section specializing in elder abuse, including fraud and exploitation. Contact the district attorney's office and give them a copy of any papers you may have showing what happened. Good luck!
Q: Can I do a quit claim to remove myself from my EX home before I file chapter 7. I am on the deed ONLY
Tammy Lyn Wincott's answer
Speak with your divorce attorney about this. Generally, in my divorce cases, we draft a General Warranty Deed or Special Warranty Deed when transferring property from one spouse to another. There are times when a decree may contain language that it shall act as a transfer of property as well; however, it is best to consult with your divorce lawyer, bankruptcy lawyer or perhaps real estate lawyer to find out what the controlling language is in your decree and if any action needs to be taken,...
Speak with your divorce attorney about this. Generally, in my divorce cases, we draft a General Warranty Deed or Special Warranty Deed when transferring property from one spouse to another. There are times when a decree may contain language that it shall act as a transfer of property as well; however, it is best to consult with your divorce lawyer, bankruptcy lawyer or perhaps real estate lawyer to find out what the controlling language is in your decree and if any action needs to be taken,...
Q: Can my aunts sue me for back rent while living at my grandpa's house and taking care of him? Could I counter sue?
1 Answer
| Asked
in
Real Estate Law, Elder Law, Probate and Landlord - Tenant
for
Texas
on
Answered on Apr 19, 2017
Answered on Apr 19, 2017
Ross F. Tew's answer
Generally speaking, the answers to your questions are no:
No, your aunts cannot sue you for back rent if your grandfather owns his home and has invited you to stay there for whatever reason. If your aunts are the owners they may be able to have a constable remove you from the home, and whoever is the personal representative of your grandfather's estate when he dies will be able to remove anyone from the premises who does not have some ownership interest in the property, but you are...
Generally speaking, the answers to your questions are no:
No, your aunts cannot sue you for back rent if your grandfather owns his home and has invited you to stay there for whatever reason. If your aunts are the owners they may be able to have a constable remove you from the home, and whoever is the personal representative of your grandfather's estate when he dies will be able to remove anyone from the premises who does not have some ownership interest in the property, but you are...
Q: A friend is transferring property to my name. Do third party liens for recorded under friends name attach to prop?
Ben F Meek III's answer
If the liens are valid and not stale, you may take the property subject to the liens. Judgment liens and other liens can sometimes become "stale" or unenforceable due to the passage of time without the creditor having taken steps to keep it alive, such as by issuing execution, or the like. State laws differ in the particulars and different types of liens are often treated differently. The only way to know is to have an attorney examine these liens and the debts they secure to determine...
If the liens are valid and not stale, you may take the property subject to the liens. Judgment liens and other liens can sometimes become "stale" or unenforceable due to the passage of time without the creditor having taken steps to keep it alive, such as by issuing execution, or the like. State laws differ in the particulars and different types of liens are often treated differently. The only way to know is to have an attorney examine these liens and the debts they secure to determine...
Q: My mother passed away in 2009 with no willIm her only child, she married twice now second husband is deceased. What r
Tammy Lyn Wincott's answer
I'm sorry for your loss. Please contact a probate attorney in the proper jurisdiction to obtain further information regarding your rights and any necessary procedures. Most attorneys offer a free consultation and definitely consult with at least two as fees can sometimes vary greatly. If you do not know where to turn, consider the local bar association as they usually have a referral service to assist you in locating counsel. Best wishes.
I'm sorry for your loss. Please contact a probate attorney in the proper jurisdiction to obtain further information regarding your rights and any necessary procedures. Most attorneys offer a free consultation and definitely consult with at least two as fees can sometimes vary greatly. If you do not know where to turn, consider the local bar association as they usually have a referral service to assist you in locating counsel. Best wishes.
Q: Grandmothers will probated as Muniment of title. Upon looking up house deed It still shows her name 2 years later.
Tammy Lyn Wincott's answer
It may be as simple as alerting the County deed records that this was probated as such. Also contact the appraisal district office to inquire about changing name on property.
It may be as simple as alerting the County deed records that this was probated as such. Also contact the appraisal district office to inquire about changing name on property.
Q: My husband wants to buy out his x-wife on the mortgage, but doesn't know if he needs a lawyer for that.
Tammy Lyn Wincott's answer
I suggest consulting with a real estate lawyer or perhaps the divorce attorney. Sometimes there is language within a decree that specifies situation where one can acquire property through assumption. If it is a situation where the mortgage company is to be paid off in case and then the property transferred, I suggest a real estate attorney. Either way, this forum is just meant for general comment and we cannot give a concrete yes or no answer to any question without privately reviewing the...
I suggest consulting with a real estate lawyer or perhaps the divorce attorney. Sometimes there is language within a decree that specifies situation where one can acquire property through assumption. If it is a situation where the mortgage company is to be paid off in case and then the property transferred, I suggest a real estate attorney. Either way, this forum is just meant for general comment and we cannot give a concrete yes or no answer to any question without privately reviewing the...
Q: One of my neighbors passed away and did not leave a will. She claimed chapter 13, and the house is part of it.
1 Answer
| Asked
in
Bankruptcy, Foreclosure and Real Estate Law
for
Texas
on
Answered on Mar 30, 2017
Answered on Mar 30, 2017
Doug Allen Bernacchi's answer
This often works. I think she did the right thing if she has regular income and afford the plan payments. If not she could only be using the file to obtain cheap rent and delay the inevitable, which could have real economic value in the short run, but not address her long term need for affordable housing. I really don't like these case for widows, but find them easier for heirs who often are younger and make money or have rising incomes to keep a home they otherwise could not get financing...
This often works. I think she did the right thing if she has regular income and afford the plan payments. If not she could only be using the file to obtain cheap rent and delay the inevitable, which could have real economic value in the short run, but not address her long term need for affordable housing. I really don't like these case for widows, but find them easier for heirs who often are younger and make money or have rising incomes to keep a home they otherwise could not get financing...
Q: I am purchasing a home in Texas that has been probated. During the title search, several distant relatives were discover
Robert W. Leonard Jr.'s answer
The short answer is that the title company may have policies in place to protect the title to your property and if they have a policy, you are not likely to close without following the title company policy.
The short answer is that the title company may have policies in place to protect the title to your property and if they have a policy, you are not likely to close without following the title company policy.
Q: My father has just been legally claimed incompetent by by step mother, he has a very large estate and business. He us
2 Answers
| Asked
in
Business Law, Estate Planning, Legal Malpractice and Real Estate Law
for
Texas
on
Answered on Mar 25, 2017
Answered on Mar 25, 2017
Terry Lynn Garrett's answer
If your father has been declared legally incapacitated (in some states called legally incompetent), it has been by a judge. Check with the court handling probate and guardianship in the Louisiana parish where your father lives. The court records are public and should contain the name and contact information for both the lawyer representing your step mother and the lawyer appointed by the court to represent your father.
If your father has been declared legally incapacitated (in some states called legally incompetent), it has been by a judge. Check with the court handling probate and guardianship in the Louisiana parish where your father lives. The court records are public and should contain the name and contact information for both the lawyer representing your step mother and the lawyer appointed by the court to represent your father.
Q: My father died 10 years ago and left my step mother as executor of his will and he also left property described in
Terry Lynn Garrett's answer
Ask the lawyer who probated the estate (or another probate lawyer if that lawyer is not available) to draft Distribution Deeds putting the property in the right name and record them with the county clerk in the county in which the real property is located.
Ask the lawyer who probated the estate (or another probate lawyer if that lawyer is not available) to draft Distribution Deeds putting the property in the right name and record them with the county clerk in the county in which the real property is located.
Q: Have property that has gone thru probate now I want to sell. What is the next step ?
1 Answer
| Asked
in
Estate Planning, Probate and Real Estate Law
for
Texas
on
Answered on Mar 17, 2017
Answered on Mar 17, 2017
Terry Lynn Garrett's answer
Ask the attorney who helped probate the estate to draft and record a Distribution Deed putting the property in your name.
Ask the attorney who helped probate the estate to draft and record a Distribution Deed putting the property in your name.
Q: after closing on manufactured home& land, I find out the house isn't in our name or sellers name. It's in probate
Ben F Meek III's answer
Sounds like fraud. Get a lawyer. Contact an experienced real estate litigator in your area. Many offer free initial consultations.
Sounds like fraud. Get a lawyer. Contact an experienced real estate litigator in your area. Many offer free initial consultations.
Q: I was in federal prison when my husband filed divorce he got the house I'm still on the loan how do I get off of it
Brian Lehman's answer
The loan and the division of assets are different issues. I would recommend talking with a lawyer about filing a motion with the court that requires your husband to take over your liability on the house. However, because the loan was from the bank, I do not believe there is anything more you could do to take yourself "off" the loan.
www.lehmanlawgroup.com
The loan and the division of assets are different issues. I would recommend talking with a lawyer about filing a motion with the court that requires your husband to take over your liability on the house. However, because the loan was from the bank, I do not believe there is anything more you could do to take yourself "off" the loan.
www.lehmanlawgroup.com
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