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Texas Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Texas on
Q: I was given the title and to my grandma's house and the deed is in my name can my family try to sue me for it.

The house has been in my name and on the deed for 8 years and I have been paying the year taxes but I don't live in the house yet until my grandmother passes.

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 22, 2020

As long as your grandmother was of sound mind when she signed the title over to you and it's been properly recorded and there was no undue influence or duress they should have no grounds to sue you. When a family member gets closer to the end of their life it's very common for other relatives to... Read more »

1 Answer | Asked in Divorce and Real Estate Law for Texas on
Q: I was awarded the house in the divorce, what happens if my husband is not out of the house by the time the judge set?

The judge has the date and time set for January 27th at 5PM for him to vacate the house.

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 22, 2020

You may need to file an enforcement action on him or an eviction.

1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: Does paying back taxes on a commercial property whose owner deceased with no will; property in probate, give ownership?

Deceased 3 years ago and heirs have no interest in the property, likely due to all the back taxes.

Terry Lynn Garrett
Terry Lynn Garrett answered on Jan 21, 2020

No. After the heirs probate the estate and receive their distributions, they may sell the property. Or a creditor may probate the estate, file a claim, be reimbursed and, after all bills of the deceased and the estate are paid, distribute what remains to the heirs. Contact a local probate... Read more »

2 Answers | Asked in Estate Planning and Real Estate Law for Texas on
Q: My mother was left a condo in her deceased husband's will 4 years ago. She has not changed the name from him to her.

I want to buy the condo and was not sure if she can when it's still in his name. She is owner financing it for me and I got a contract drawn up but want to be sure it would be legal for her to be named as the seller or does the name of the owner be changed to her before executing the contact

Terry Lynn Garrett
Terry Lynn Garrett answered on Jan 15, 2020

If the Will was admitted to probate as a Muniment of Title, the Order admitting it should be filed in the deed records. If not, a Distribution Deed from the estate to the beneficiary should be recorded. Without one or the other of these, your mother has no legal authority to sell the property to... Read more »

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1 Answer | Asked in Real Estate Law for Texas on
Q: Tenants refuse to leave. Haven’t paid for the past 4 months. They claim it’s due to a language barrier.

Any advice would be helpful. Thank you.

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 13, 2020

It's a universal language that if you live somewhere you generally pay for it; evict them.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Texas on
Q: Can I stop my neighbor from subdividing his land?

I own several acres of land. The neighbor behind me has 40. He uses an easment on my property to get to his land. He wants to subdivide his land. That would make the traffic on my land much busier and from what I understand I am responsible for maintaining the easement. Is there anything I can do... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 9, 2020

Start by checking what type of easement he has and whether it gives him the right to subdivide his land and keep the same easement. I'm surprised he's not responsible to maintain the easement. You may want to take the deed regarding the easement to an attorney to review.

1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: My parents have both passed , they left 3 burial plots in Houston Texas but they had no will can we sell these

How would we go about selling them and what proof would we need to do so I have original receipt where they purchased them

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 9, 2020

Contact the cemetery, they may have forms you can use such as affidavit of sale, etc. Otherwise, you may have to go through proceeding to show you are the rightful heirs.

2 Answers | Asked in Real Estate Law and Elder Law for Texas on
Q: With a Texas POA could I be added to my dad's reverse mortgage?
Terry Lynn Garrett
Terry Lynn Garrett answered on Jan 6, 2020

RMs are limited to people 62 or older. If you qualify, contact the lender.

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1 Answer | Asked in Real Estate Law for Texas on
Q: Is a property deed warrant from 2010 trumped by heirship from 2011

Greedy son has all the sudden come up with a deed dated 7/2010 after brother died cutting out widow stating deed over rules heirship dated 4/2011 that the since deceased father filed to protect all the children equally

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 5, 2020

Take it to a probate attorney or real estate attorney who is familiar with these issues and have them review it with you.

1 Answer | Asked in Real Estate Law for Texas on
Q: Does my legal name change necessitate updating my property's deed to my new name?

I co-own property & I'm about to legally change my name. Is it necessary to change my name on the deed to my new name in order to keep my property rights? Are there any downsides or risks to keeping the deed in my old name?

Edited to add: I will be changing my full name - first, middle, and... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 5, 2020

No your new last name change won't be a problem. Just keep all your documents with you.

1 Answer | Asked in Immigration Law, Real Estate Law, Business Law and Gov & Administrative Law for Texas on
Q: Hi, I've been deported twice from the U.S , I was under age both times.. (Check more information plz)

Hi, I've been deported twice from the U.S , I was under age both times, because I went with my parents. Let's say I start a company, and it goes very well... I mean multi-billionaire company, and I want to open a subsidiary company there, is there a chance for the immigration to approve it?

Laurel Deborah Scott
Laurel Deborah Scott answered on Dec 31, 2019

Not enough information. If the most recent entry was after April 1, 1997, then you may be subject to INA 212(a)(9)(C). If the most recent entry was before April 1, 1997, then you aren't subject to that section. Also, if the second entry was with inspection, you might not be subject to 9C. I... Read more »

1 Answer | Asked in Divorce and Real Estate Law for Texas on
Q: When filing for divorce can you and your spouse continue to in the same house in the state of Texas?

We both agree that our relationship is more a friendship that a marriage and we have come to the conclusion to get a divorce but live in the same house. We purchased the house together during the marriage. We reside in the state of Texas, what if anything should be and can it be stipulated that we... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Dec 30, 2019

Sure you can. I’ve had reasonable parties agree to do just that. Good luck. 88-343-4529.

1 Answer | Asked in Contracts, Real Estate Law, Civil Litigation and Landlord - Tenant for Texas on
Q: Can a previous owner legally stop me from moving my house off of their property if its paid for in full?

I have a mobile home I bought from them and part of the contract states I have to have it moved before the end of feb 2020. They are now messaging family members stating they are trying now to do everything they can to keep me from relocating my house.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 30, 2019

If the contract requires you to move your mobile home before the end of February 2020 why are you here today, some 62 days early? Rather than get upset about "your family members" receiving messages from the landlord that appear onerous to them, why not view these messages as being POSITIVE... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Q: Property is in the "estate" of a deceased parent. How can we obtain legal ownership without a will?

We pay all bills and taxes associated with the property and household. There are two other siblings, who have not had anything to do with the property for nearly 20 years, and the spouse of the deceased is still living here but incapable of maintaining anything. The property was acquired before the... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Dec 27, 2019

The spouse will have a right to live their for the remainder of their life regardless of whether it was acquired before marriage.

Ownership of property technically transfers to the legal heirs upon the death of the present owner. If this is your parent and they owned the house before they...
Read more »

1 Answer | Asked in Civil Rights, Consumer Law, Estate Planning and Real Estate Law for Texas on
Q: My house sold in auction sept 3,2019. I have still been living here up to present date What are my rights

Received a letter from law firm stating if I was the prior deed holder, I had 3 days to vacate the premises. I guess I need guidance as to who what and where I’m supposed to go or do now Also would like to know about any known resources and rights I actually have concerning this I am trying... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Dec 4, 2019

You need to search for resources in the area you live in as soon as possible. It is possible for the Sheriff to come evict you at any time. Try your local city government, city councilman, salvation army, area council of government, churches, veteran's groups, etc.

1 Answer | Asked in Real Estate Law for Texas on
Q: Me and my siblings are heirs of my mother and father. My father had alot of property, our property supposedly was sold

A cousin is taking full ownership of the property. Our property was never probated, and we never signed to sell the property to her. She is a big scam, what steps do we have to take

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 26, 2019

If the estates were never probated, I would suggest someone step up and file for probate asap. Contact a probate attorney in the right area and don't wait any longer.

1 Answer | Asked in Real Estate Law for Texas on
Q: good afternoon, I just came out of bankruptcy in Texas and still behind on pool loan. My bankruptcy was discharged on 10

good afternoon, I just came out of bankruptcy in Texas and still behind on pool loan. My bankruptcy was discharged on 10/28/19 I have contacted the bank to cure the loan but getting the runaround and wont give me the total including attorney fees. I checked the county website and its stating my... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 26, 2019

I'm not clear if you were in a Chapter 7 or 13; however, I would suggest cotnacting your bankruptcy attorney as soon as possible.

3 Answers | Asked in Bankruptcy and Real Estate Law for Texas on
Q: 1 week away from closing. Title company won't move forward. House is already sold and buyer waiting.

We have the letter - from the Trustee: Chapter 7 Trustee's Report of No Distribution. Our Attorney states this is enough. Attorney is in car accident and on 3-week medical leave. Title company says the letter isn't enough but no real good explanation as to why. Maybe it's because the address... Read more »

Clark Dray
Clark Dray answered on Nov 23, 2019

Title companies often screw up bankruptcy questions, but I think they're right here. Until the case is closed, the home remains property of the bankruptcy estate and isn't yours to sell. The Trustee's Report of No Distribution doesn't affect this. Maybe there's a different view on this topic on... Read more »

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1 Answer | Asked in Real Estate Law for Texas on
Q: How do I get a Title to property (single family lot) in Bowie Texas
Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 22, 2019

You need to expand on your question as no one can understand what you're asking right now.

1 Answer | Asked in Real Estate Law for Texas on
Q: If my father left a will for his property do I still have to sign a hair ship to sell it
Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 22, 2019

A will is not valid unless it is determined by a Court of law to be valid. In other words it must go through probate. Speak with a probate lawyer in your area.

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