Texas Real Estate Law Questions & Answers

Q: My dad passed away and did not leave a will or anything. He didn't have much so not sure what my next step is. Probate??

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Texas on
Answered on Oct 16, 2017

Yes, hire a local probate lawyer. Since your father left no Will and apparently died single, you and any siblings will have to be declared his heirs in a heirship proceeding. You can then administer his estate. Keep in mind that if the retirement accounts designate a beneficiary, they pass to that beneficiary. Probate attorneys use various databases and sometimes hire specialized private investigators to find missing heirs and beneficiaries.
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Q: My friend is getting married in Texas and wants to buy a house. Can she put the house she will buy in the prenup?

1 Answer | Asked in Civil Litigation, Family Law and Real Estate Law for Texas on
Answered on Oct 16, 2017

Sounds logical and advisable. For a specific advice, please consult Attorney of local jurisdiction who may advise what to declare and what not in the prenuptial.
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Q: Fence property line

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Texas on
Answered on Oct 11, 2017

The house will sell according to the survey plat. If the fence is outside the parameter of the plat then it is a problem. You might be able to "give" it to the owner of the land or remove it completely and restore the other owner's land to the point it was before the fence was erected.

There are also time elements to consider, how long ago did it happen, who has paid the taxes until now, did the other property owner have knowledge of it all along and did they ever do anything, etc....
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Q: I live in Dallas Texas and have been denied an apartment twice from a Class C misdemeanor in 2014 paraphernalia

1 Answer | Asked in Criminal Law, Real Estate Law and Civil Rights for Texas on
Answered on Oct 11, 2017

You may need to seek an expungement of your criminal record. Contact a criminal attorney where the crime or alleged crime took place to obtain more information.
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Q: can you help me with my HOA?

1 Answer | Asked in Real Estate Law for Texas on
Answered on Oct 11, 2017

No one can possibly answer this question until you give more information.
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Q: As an administrator & joint owner of property with a sibling can one sibling file all taxes to be in their name

1 Answer | Asked in Probate and Real Estate Law for Texas on
Answered on Oct 11, 2017

First of all, if there was a will , it needs to have been admitted to a probate court and found valid before it can even be acknowledged at all. Additionally, an executor or administrator wears a separate hat from the beneficiary even though they are often the same person.

The administrator, once recognized by a court of law, has the duty to gather all assets and debts of the deceased person, pay valid debts, expenses, reimbursement to Medicaid if applicable, before any assets may pass...
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Q: I have a few questions concerning a drive way easement that we were granted a few months ago.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Answered on Oct 11, 2017

Generally speaking, when someone builds a structure on a property bordering, the non-owner of the structure, does not have the right to just tear it down.

Have you spoken with the new owners to try and correct the situation? It may be necessary to attend a mediation or take legal action if they refuse to remove the fence.
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Q: My mother passed away of cancer last year . She willed the house to me but the loan is in her exhusbands name.

1 Answer | Asked in Constitutional Law, Probate and Real Estate Law for Texas on
Answered on Oct 11, 2017

I'm sorry for the loss of your mother.

Mortgages and probate can get quite complicated. You will need to consult with a probate attorney that also understands about property division in divorce. You also need to obtain a copy of the divorce decree in order for the attorney to review facts of the case.
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Q: Inherited property cant sale unless I give other family option to buy they don't want it what proof do I need to sale

1 Answer | Asked in Estate Planning and Real Estate Law for Texas on
Answered on Oct 11, 2017

First, I'm not clear how you inherited the property, i.e. was it left to you in a will? If there was a will, was it ever actually admitted to the probate court or is everyone assuming it's valid?

Generally speaking, there is a formal way for others named as beneficiary or inherited through intestate laws to disclaim or assign any interest to another; however, there are time limitations and procedures that must be followed closely in order for it to be considered a clear title....
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Q: Can I file suit for effective disinheritance in Texas?

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Texas on
Answered on Oct 11, 2017

If someone was left land in a will then there would be no need for an affidavit of heirship, title would be much clearer.

I suggest you consult with a probate attorney in or near the jurisdiction this took place for specific answers.
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Q: I am in Texas. My husband passed away without a will. I am selling his mineral rights. We have a minor child together

1 Answer | Asked in Energy, Oil and Gas, Real Estate Law and Probate for Texas on
Answered on Oct 11, 2017

This is long after your questions was asked; however, if you haven't already done so, consult with a probate attorney in your area.
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Q: what is the easiest way to remove my late wife from my home title. her estate is not probated

1 Answer | Asked in Probate and Real Estate Law for Texas on
Answered on Oct 10, 2017

If your wife left no more than a home, up to $60,000 in personal possessions and household goods and no more than $75,000 in other assets, the heirs (you and, if she had children who are not yours, all the children) could file an Affidavit of Small Estate. Relying on the court order, you could record a new deed in the name(s) of the heir(s). The form should be available on the website of your local probate court. You may or may not need an attorney to review and efile it for you....
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Q: Does a husband have any rights to property that was left as homestead to her children?

1 Answer | Asked in Real Estate Law and Probate for Texas on
Answered on Oct 6, 2017

Please consult privately with a probate attorney so that all the facts can be told, the attorney can see documents, etc. This is the best way to get the right answer to this type of question.
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Q: My mom is remarried for 30 years. Lives in Texas and bought a home in her name only its her house. Should I be on it?

2 Answers | Asked in Estate Planning and Real Estate Law for Texas on
Answered on Oct 3, 2017

What to do is completely up to your mother. She can add a codicil to her Will or make a new Will but, if the property is her separate property, she might prefer to sign and record a Transfer on Death Deed or a General Warranty Deed with Extended Life Estate (also called a Lady Bird Deed) which automatically passes property upon her death. Note that the surviving spouse is allowed to live in the homestead for life whether it is separate or community property.
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Q: I was buying a house for my grandmother-in-law and she passed do I still have rights to the house

1 Answer | Asked in Real Estate Law for Texas on
Answered on Oct 1, 2017

That would depend upon whose name is on the contract as the purchaser.
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Q: Can I claim sole ownership of an ex room mate's interest in a jointly owned timeshare, that they abandoned 22 years ago?

1 Answer | Asked in Real Estate Law for Texas on
Answered on Sep 27, 2017

This can be difficult. I've heard of similar cases where the owner will hire an attorney to contact the ex-roommate. Sometimes they will respond to an attorney's letter where they will just ignore letters from old friends. It may be worth talking to a local attorney to see if he/she could help broker this deal.
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Q: Mother died. Left house, buyer claims all land with purchase. Half property 100% to mom's sis who didnt sale. What now?

1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Land Use & Zoning for Texas on
Answered on Sep 24, 2017

Ask the lawyer representing the sister to contact the title company. The title insurance insures that the seller had good and marketable title to what was sold.
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Q: my stepfather passed away with no will. there is a home. can I request to become heir or guardian of estate?

1 Answer | Asked in Estate Planning and Real Estate Law for Texas on
Answered on Sep 8, 2017

Unless you or your sister was adopted by your stepfather before the age of 18, neither of you is his heir at law or eligible, as such, to apply to administer his estate.
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Q: my commercial tenant (restaurant) took some of my equipment, that is clearly stated as mine in an Exhibit of the lease?

1 Answer | Asked in Contracts, Criminal Law, Real Estate Law and Landlord - Tenant for Texas on
Answered on Sep 8, 2017

From what you describe I believe so, it would be theft. Taking of property (nonviolent) that belongs to another is theft and the determination of what class of theft depends on the value of the property taken. You can report the the theft to the police department and it files charges.
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Q: What is the difference between a title and a deed? Inherited a house and need a title but county doesn't have one.

1 Answer | Asked in Estate Planning and Real Estate Law for Texas on
Answered on Sep 7, 2017

A quitclaim deed does not pass title (ownership). It merely promises to quit making a claim against someone else's title.
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