Realtor said my siblings and I are considered having ownership in the home so all must sign to sell the house. Is this correct? If so, does that mean we also have to pay tax on the sale? We are not receiving the proceeds, only my Dad.
answered on Sep 26, 2022
When your mom died without a will, part of her estate including the home passed to you and your siblings.
In the current market, you {may} have to pay capital gains tax on your share of a portion of the proceeds. You do not have to pay capital gains tax on the value of the home as of the... Read more »
Can a HOA Board member continue to serve on board after resigning, “effective immediately” then withdrawing 36hrs later? Both were sent via email to board & prop. Mngr, who replied to resignation asking the board how they want to proceed to fill vacancy. No director replied to either... Read more »
answered on Sep 21, 2022
If he is indeed not a director, his actions likely would not be binding on the HOA unless it subsequently ratifies them. Probably the best course of action at this point would be to hold a directors meeting and have the Board pass a resolution ratifying all of his previous actions.
the wife is aware of this girlfriend living at her husbands property. And he moved the girlfriend into the homestead he owned for her to have a place to live she used to live in the same house as the wife and husband but wanted more privacy. He died without a will or anything in place. does the... Read more »
answered on Sep 16, 2022
No.
First, I note that a married couple can only have one homestead. That homestead could be the separate property of one spouse or the other spouse or it could be community property of both spouses. Except of periods of temporary absence, a homestead must be used by the couple as their... Read more »
answered on Sep 16, 2022
What you are referring to is a "Life Estate" deed which can be useful and save money and possibly other debts.
The Life Estate deed is generally used to avoid surrogate or probate court and to avoid the government from attaching the property if your mom has the need for medicaid... Read more »
I purchased a home in 2021 that came with 10 year warranty for the foundation. Recently, interior of home started having foundation issues on one side of the home. Company came out to take a look but refuse to fix the issue because warranty apparently has been voided for two reasons. 1. Warranty... Read more »
answered on Sep 10, 2022
This is a classic move by a home builder company. Unfortunately, it is time to sue.
You need to visit with an experienced lawyer who handles real estate contracts and litigation.
Your rights are in the agreement you entered into with the seller and/or builder. The details will... Read more »
The reservation is a 1/16 in deed but it’s because the land was under mineral lease when it was sold lessee held 15/16 interest in minerals. I can prove by one property owned at time and we still own had 1/16 conveyance from estates children to their mother because father died intestate and... Read more »
answered on Sep 8, 2022
You can try sending copies of everything you have to the oil company by certified mail with a letter asking them to correct the situation. However, don't be surprised if what you send them is not enough to change their mind.
This is probably not a do-it-yourself project. First, it is... Read more »
answered on Sep 7, 2022
It is highly recommended that you not attempt to represent yourself in such a proceeding. Depending on whether your business is a sole proprietorship, limited liability company, or corporation, you may not be able to legally represent your business in a Texas court.
I'm sure you... Read more »
The reservation is a 1/16 in deed but it’s because the land was under mineral lease when it was sold lessee held 15/16 interest in minerals. I can prove by one property owned at time and we still own had 1/16 conveyance from estates children to their mother because father died intestate and... Read more »
answered on Sep 7, 2022
Whether the process is simple or more challenging depends on the state of your mineral title. If you have a deed for these minerals it may be a matter of sending a copy of the deed to the oil company with a certified letter and requesting that they correct the error. Keep in mind that the landman... Read more »
Hello, I was in the process of buying a home in Dallas, TX. Currently I am working remotely from New Jersey and got home Mortgage approval on the basis of Remote work. Today I lost my project and came on Bench, It is not sure that my next project will be remote or onsite in New Jersey. I want to... Read more »
answered on Sep 1, 2022
The "validity" of your reason for cancelling is probably irrelevant. You likely can cancel the contract, but you will forfeit your earnest money. That's literally what earnest money is for.
The Seller will then relist the property or move forward with any back-up contract... Read more »
I am interested in purchasing some acreage that the deed shows a 30 year old lien that was not paid off. I was told there is a statue of limitations on this issue.
answered on Sep 1, 2022
You need more information as to the nature of the lien itself. For example:
The statute of limitations to collect a debt is four years from the date that the debt became due. A typical mortgage loan was once 30 years. A mortgage lien or deed of trust (which is often called a lien) may... Read more »
We signed an agreement saying that she allowed this to happen. Well we have since been in an argument and now she is threatening me if I don't move it off the property. She is also a cosigner on the loan to my home. What are my rights
answered on Aug 29, 2022
Your rights are what is in the agreement your Mom-in-law signed. I would like to see it, but you are in good shape if it has a long time period. If it is silent, she can evict you after 1 year, if it is on rural property.
If you have paid her for an indefinite period of time you are in... Read more »
Is a voluntary HOA subject to follow TX Code 209 and/or Open Meetings Law?
answered on Aug 29, 2022
This is an unsettled question of law but seems to be that if you do NOT join a voluntary HOA, then you are NOT entitled to open meeting requirements or notices.
I hope this helps.
Good Luck!
answered on Aug 27, 2022
The answer you seek would require me or any other attorney to review all of your dad's estate planning documentys and assets. Plus, the latest deed and lien on the subject property. Why are you giving a deed?
Do you own the property with your dad?
I can guide you, but do not... Read more »
But on the 2 other properties the other spouse was awarded the properties yet one of the 2 properties is still in the other spouse's name And taxes are owed on all 3 properties Also no deed of ownership has been presented from the spouse trying to evict from the 1 property. Also the public... Read more »
answered on Aug 25, 2022
This is a thorny question. I would need all documents involved to give you a solid answer.
Get a good appeal attorney.
Good Luck!
I live in an HOA community in Texas. I had a phone argument with the property manager over some issues with the rules and board members not having to follow them. She told the HOA board about it. I overheard a board member telling party guests (many of whom were neighbors) about what happened... Read more »
answered on Aug 23, 2022
Sorry to hear your trouble.
Unfortunately, not many relationships or conversations in life are confidential. The conversation between you and the HOA or any of its employees or members is NOT in confidence. For a list of conversations that are protected by law you can look at the Texas laws... Read more »
As-is sale basically going to be renovated and sold by the buyer( it is not a professional house flipper )
answered on Aug 20, 2022
Yes, you can. But you need a good contract indicating that they are buying as is so you do not get sued for fraud and other valid causes of action that can plausibly be alleged against you.
The information contained in this website is provided for informational purposes only, and should... Read more »
As-is sale basically going to be renovated and sold by the buyer( it is not a professional house flipper )
answered on Aug 29, 2022
A Deed of Trust commemorates a security interest in a piece of real estate, typically a mortgage debt. The holder of the Deed of Trust does not own the home; it only owns a security interest in the home. It is unlikely that you are the party to whom the debt is owed.
You can transfer... Read more »
House is vacant for over 12yrs
answered on Aug 16, 2022
I hope you did your homework and dilligence.
You NEED a deed from the real owner(s) and they must sign the deed before a Notary Public. That is what will transfer ownership.
You will need more documents depending on what your research has turned up. Liens, easements, judgments... Read more »
My husband passed unexpectedly in December without a will, our home was purchased during marriage and it is our homestead. Both of our names are on the title. We have 2 minor children together, no other marriages and no other children outside our marriage. I filed a heirship affidavit and a small... Read more »
answered on Aug 9, 2022
The Deed is different than the Mortgage. There is no need to take your husband's name off the deed if you plan on living there for the resrt of your life. If you want to sell the property, you can manage the name issues at the closing. If there is something else ylou should get back to me.... Read more »
The transaction was not pursued by the buyer or seller and cancelled. The mortgage loan is present on my credit report showing the balance as open. That can't be legal?
answered on Aug 9, 2022
You need to do an official dispute about the mortgage loan being on your credit report. It is important that you check all three (3) credit reporting companies. The same thing may be on all 3. Each agency has a web-based dispute center on their websites. You should follow-up next week to see if it... Read more »
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