I am disabled and cared for My mom and lived in the home. I never filed the will that was made 2011 with 2 Witnesses There is a pending bill for $101,000 in back taxes. The will states that I am the executor and I keep all real estate and belongings I live in the house and don’t work. I only get... View More 
answered on Dec 4, 2023
Unless and until a Will is probated, it does not pass title of a decedent's assets to the heirs named in the Will. You have four years from the date of the decedent (your mom)'s death to probate her Will. Legally, you are allowed to probate a Will without a lawyer; however, in practice,... View More
I have 23 acres for sale with a house she broke the house off the acreage and is trying to sell it in two pieces and did not ask me if she could do that
answered on Nov 29, 2023
In the absence of any agreement with your real estate agent to list the property in separate parcels, you ultimately have the legal right to refuse to sign a contract to sell your property in two separate parcels.
Simply tell your agent you are not interested in selling your property as two... View More
We have a default judgment giving permission to sale 20 acres of co-owned property. Co-owner will not sign closing papers to finalize sale. Title company wants a judical declaration. I am wanting to know what is the correct wording when petitioning the court in these regards.
answered on Nov 29, 2023
There is no short answer to your question. It depends upon the language of the default judgment and the legal right upon which it is predicated. The attorney who assisted you in the lawsuit in which you obtained the default judgment is in the best position to provide you the necessary advice... View More
Built in 2019, added extra piers to ensure the foundation was good ($5600 extra). House begins to crack on inside and outside. Call builder out, they say it’s normal settling. Ok. It gets worse, fireplace coming off wall, huge cracks outside, no door will stay shut or lock. Builder claims... View More
answered on Nov 27, 2023
It depends upon the terms of your contract, when your claim accrued, and when you discovered--or by exercising reasonable diligence should have discovered--the material facts giving rise to your claim. The date of substantial completion of your home may trigger what is called the "statute of... View More
She lives in TX, paid the taxes on it every year, but isn't sure what she needs to do to be able to sell it.
answered on Nov 27, 2023
Houses aren't probated. Estates are probated.
A key question is who owns the house. If the house was purchased during the marriage of your mom and father-in-law, it most likely is community property.
When your F-I-L died, your mom owned 50% as her community property and... View More
We went to court and was given a default judgment because he has not contributed financially with taxes etc in over 8 years he will not respond and hides from us. He didn't show up in court therefore we were given default which included selling the entire acreage in full well closing is near... View More
answered on Nov 27, 2023
If the judgment has been drafted correctly to authorize you to sell the property without his signature and a sufficient time has passed since the date of the default judgment, you should be able to take a certified copy of the judgment to the title company and close without his participation.... View More
My father-in-law will his property to my stepson who in turn ran away from home several months ago now he has returned with a notice to vacate the property claiming his mother and I need to move because he needs the property as far as I know in Texas you have to be 21 to take possession of property... View More
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answered on Nov 19, 2023
In Texas, the age of majority, when a person is legally considered an adult, is 18 years old. This means that your stepson, if he is over 18, would typically have the legal capacity to take possession of property willed to him. The requirement of being 21 years old to take possession of property is... View More
They turned down the application because they said they are not a family
answered on Nov 14, 2023
It depends upon the particular facts and circumstances. A key fact is whether the two brothers have legal custody of their sisters kids or have a pending action for custody of those kids. If so, federal housing discrimination laws may protect them from "familial status" discrimination.
They turned down the application because they said they are not a family
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answered on Nov 14, 2023
Yes, it is illegal for a landlord to deny housing to two brothers who are applying to live with their sisters' children and are turned down because they are not a family. This is because the Fair Housing Act prohibits discrimination against applicants based on their familial status.
My initial interest rates when got in pre construction contract was at 5.6% and know rates have gone up to 7.5% and our monthly payments have jumped up $300+ from when we gone in to contract. We wrote home builders saying that we may be holding off due to high rates, and wait a year or so. Then... View More
answered on Nov 10, 2023
The answer to your question depends on what the Third Party Financing Addendum to your earnest money contract says. Whatever financing option you selected usually has a provision that reads "with interest not to exceed ___ % per annum." The Buyer is usually required to apply for a loan... View More
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answered on Nov 9, 2023
Be careful with Prop 1.
It grants a Constitutional right to landowners to conduct farming and similar activities without regulation from local municipalities. This is different from DEED RESTRICTIONS.
If your property is part of a subdivision, which is restricted by a deed that... View More
Bank says I’m responsible now is the house 100% mine again ? She never legally got it switched into just her name …
answered on Nov 2, 2023
If the house was awarded to your ex-wife in your divorce decree, the house will only pass to you if she left it to you in a will executed after your divorce case. Otherwise, it will pass through the intestate laws to her children or her siblings, etc.
Your divorce decree should indicate... View More
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answered on Oct 24, 2023
In a deed in lieu of foreclosure, your responsibility for past-due HOA (Homeowners' Association) dues depends on the terms negotiated with the lender and the HOA's regulations. The agreement should specify who pays these dues—either the lender or you. It's vital to review the... View More
She gave herself my property without me knowing anything about it
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answered on Oct 22, 2023
I'm sorry to hear about your situation. If you believe your ex-wife fraudulently transferred property by forging your name on a quitclaim deed, you should consider taking legal action. Typically, you'd initiate this by filing a civil lawsuit to set aside or invalidate the fraudulent deed.... View More
I am looking to break my sublease for an office space and I just noticed the name error and want to find out if that makes the sublease invalid or does it even matter because I still signed it.
answered on Oct 20, 2023
To constitute a contract, the minds of the parties must meet with respect to the subject matter of the
agreement, and as to all of its essential terms. If one's name is misspelled on a contract, the contract itself is most likely still valid and enforceable. Such errors are referred to... View More
The pool company we are using will not take ownership of the issues when other owners are going in that secured area and flipping switches, turning on and off pumps… Adding chemicals. We put a lock on it now, and one owner is upset and calling it common area, is this really common area? I’m in... View More
answered on Oct 16, 2023
A swimming pool in a multi-family complex is typically a common area that is managed and controlled by the property manager/property management company for the complex. A property manager absolutely can place a lock on the area containing the pool equipment to prevent a tenants from damaging the... View More
Hoa just took this man’s house he’s a single father of two also spent many hours in the hospital with his stick daughter she was in there 6 months but over dirty siding and a tree they set a court date he didn’t even know about now his depression is bad I am his partner and his best friend I... View More
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answered on Oct 15, 2023
I'm truly sorry to hear about your friend's situation. Homeowners Associations (HOAs) have certain powers under their covenants and bylaws, but they must also follow the law and proper procedures. If your friend was not properly notified of the court date or the allegations against him,... View More
I filed affidavit and it has been filed thru deeds office. I have a buyer for the property and the title company wants to give half of sale to his living father. My husband has put property in his will to me, even though it wasn’t in his name.
answered on Oct 12, 2023
Assuming that your husband died after his mother, then you really should probate your husband's will. If you don't, then his heirs under Texas law inherit instead....so it's incredibly important for you to get a probate attorney to probate his will pronto. The process can take a... View More
I would like to buy the land before it goes to auction. Can it be done an if so what do I need to do?
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answered on Oct 11, 2023
In Texas, if property has delinquent taxes, the local taxing entities can initiate a tax sale. To buy the land before auction, you'd typically need to determine the back taxes owed, negotiate with all the property owners, ensure all legal documentation is in order, and possibly pay off the... View More
Two cases still are pending,1. Wit of possession and 2 Trespass to try title,the plaintiff presented death certificates to life insurance company then executor and applicant was removed by the courts own motion.C-1-PB-10-001742 and C-1-CV-18-009261,Case summary shows rent ordered and a default... View More
answered on Sep 25, 2023
The best I can tell is that Plaintiff is either entitled to be named administrator/executor and/or Plaintiff was seeking to remove someone from a home that they were not legally entitled to possess. I'm uncertain if Plaintiff prevailed in Suit to Quiet Title, but since the court issued a Writ... View More
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