Get free answers to your Real Estate Law legal questions from lawyers in your area.
My dad's will left his possession's to 3 of us. My sister past away 10 years prior to my Dad. My brother recently past . My dad's probate was never completed.
answered on Dec 7, 2024
If your sister passed away before your dad, then her share would go either go to her children or to the other named beneficiaries (depending on what the will states). If your brother died after your dad, then your brother's share would go to your brother's estate (in other words, be... View More 
answered on Dec 3, 2024
Yes, if you and your husband own real estate together, whether as community property or as part your and part his separate property, it will be necessary for you to sign a deed and other closing documents.
As community property, you and your husband should mutually instruct the closing... View More
answered on Dec 2, 2024
You need to have the owner sign a Warranty Deed conveying the property to you. If the property has a mortgage, you will likely need to secure the lender's consent. You should also check to see if there are any liens filed against the property. Otherwise, a lienholder may be able to... View More
I will be renting to own the rental I live in. The landlord and I have come to an agreement as far as price/down/monthly payments. What type of questions should I ask? Should I be liable for taxes of the property during the timeframe I will be renting to own? She does have an attorney that will be... View More
answered on Nov 26, 2024
1. You need to verify that there is no mortgage lender or other liens recorded against the property.
2. You need to verify that the landlord is the sole legal owner of the property.
3. You need to verify that the home is not anyone's homestead and is not claimed as... View More
We closed on a home in Texas about 3 weeks ago. A shop building (on a crushed gravel slab but not anchored) was negotiated in the sale, but was not mentioned in the purchase agreement. Two days ago, a repo agent called us saying the shed was rent-to-own and it's being repossessed. Our real... View More
answered on Nov 25, 2024
The first thing you need to do is to check to see if the company for which the repo agent is repossessing the shop building filed a UCC-1 perfecting a security interest in the shop building.
The second thing you need to do is to contact the title insurance company for your buyer's... View More
When two people share equal interest in a parcel of undivided property and one passes away, do their heirs get equal shares with the remaining original interest holder?
answered on Nov 20, 2024
If two people share an equal interest and one dies, the deceased person's 50% interest passes to that person's heir(s). The deceased person can specify in a Will the interest that each will get; otherwise, it passes in accordance with the laws of intestate succession. That may mean the... View More
1. Foreclosure of three properties
2. Sue borrows for lost money, she is a scammer, who has many police reports and FBI reports over by other private JV partners.
They took money to fix the property and sell it, they took the money and never fixed it, waiting until the lender... View More
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answered on Nov 5, 2024
It is really hard to know what your questions are. Are you the seller/borrower? Are you the lender ?
I will assume you are the lender for this question. Texas has great consumer protection laws, which were made to protect consumers, and small businesses, from unsavory characters and... View More
answered on Oct 30, 2024
If you are looking for a statutory durable power of attorney for finances or a medical power of attorney, you can access them through the Texas Department of Health and Human Services website. If you need a specific power of attorney for the sale or purchase of real estate, that will need to be... View More
I co owned this condo with my ex wife. Need to transfer the loan/deed to me. Need to know if I have any financial risk of owing a large amount of money to cover the HOA’s lawsuit lost once I transfer the condo’s deed/loan to myself. The HOA’s lawyer seemed to say the HOA’s insurance won’t cover it
answered on Oct 22, 2024
It seems likely that the HOA will have to make a special assessment on the owners to satisfy the judgment or will have to dip deeply into its reserves and raise the members' regular assessments to replenish the reserves. That may render certain types of financing (like FHA loans) unavailable... View More
Could a divorce decree in Texas be legally recognized as a sufficient transfer of title, similar to a deed, if it is recorded with the county? If not, what specific legal requirements or steps are necessary to convert a divorce decree into valid title ownership? For my adverse possession claim, I... View More
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answered on Oct 13, 2024
Your questions are complicated and hard to answer without seeing your Divorce Decree, and other deeds and filings on the property, prior to your Decree.
The short answer: No. A divorce decree does not transfer ownership or title to land. You need to get your ex to execute a deed, or you... View More
My dad and stepmom are both on the deed/title to home. Stepmom just recently passed away and dad is looking to get a home equity loan for the property which is completely paid off. Stepmom has 2 adult children as heirs and there was no will. How could this be navigated to be able to get the loan?
answered on Oct 11, 2024
If the title to the property was held as joint tenants with right of survivorship or tenants by the entirety, your father would own the property solely in his name upon the passing of your stepmother. If the title was not held as joint tenants with right of survivorship or tenants by the entirety,... View More
came out to my house and predicted he would do this, which he did two or three weeks ago after forcing me - and I meaning physically - into the psych ward of a hospital before commencing the demolition. I had no forewarning and everything is gone, and I mean everything. I want to sue this piece... View More
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answered on Oct 4, 2024
I'm not sure you have all the facts straight. I mean no disrespect.
A police officer does not have the power or authority to demolish any house anywhere. A city may demolish a house inside its limits, but only after Due process.
I have seen towns and cities demolish houses... View More
The taxes are delinquent from the youngest child living there for 13 yrs. I am the only one who has interest in the property. The current residence doesn't want to relocate until the time of auction. Please help to keep my father's home
answered on Sep 30, 2024
If you would like to keep the property, you will need to make arrangements to buy out your two other siblings interest in the property. Once you have done that, you can force the sibling living there to leave. You will then solely be responsible for the payment of taxes, maintenance, upkeep, etc.... View More
I received a judgment for non-payment of child support back in 2009 at which time it was turned into a lien that was attached to my homestead home in Texas. I was unaware of this action. In 2019, my ex renewed the lien. Again, I did not know the lien existed or received any notifications from the... View More
answered on Sep 18, 2024
If a child support lien has been improperly attached to a homestead, there's a process for its release. An obligor can file an affidavit under Section 157.3171 of the Family Code to release the lien against the homestead. This affidavit process is designed to be straightforward, allowing the... View More
OFHA Deed restrictions item (e) NO Trailers & City of Houston, Texas Ordinance N. 2009-57
answered on Sep 16, 2024
You can file a lawsuit seeking an injunction against the neighbor for violating the deed restriction. Our firm is not located in Houston and, therefore, would not be a good fit for you in seeking such relief. But for informational purposes only, our firm would typically require an initial... View More
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answered on Sep 13, 2024
That is a loaded question. You can turn your 401k into a real estate holding for your retirement. There are some forms to be filled-out with the , and there are some time limits for the same.
The general idea is that you can buy property with the 401k money, then identify the investment... View More
can we invoke "ex post facto" doctrine in this case
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answered on Sep 6, 2024
My understanding of the Bill you mentioned, is an additional part of the Tax Exemption law in Texas. The Bill allows the Tax Appraiser in each county to verify the property owner's exemption status every 5 years. That verification may be done in portions, and broken up into multiple years of... View More
I'm closing on a home; I've provided my 30 days notice as the lease stipulates. I've read my lease several times. I can't find any clauses which coincide with what I'm being told about: the inability to terminate my lease early; clauses that denote the complex will do... View More
answered on Sep 4, 2024
In the absence of an agreement to the contrary, a lease for a specified term continues until the end of that term. For example, if you agreed to a lease for a term of one year with a commencement date of December 1, 2023, that lease does not end until November 30, 2024. The parties can agree... View More
Mom had no will so 50 percent of sale will be split between my brother and myself.
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answered on Aug 21, 2024
Hire a competent TX lawyer to draft that Deed. Transfer Value can be computed on actual land value conveyed. But Deed should have a complete derivation of title and specify what exactly is conveyed. IRS Regulations can give values for remainders. etc.
There are three partners (LLC) and a rift has developed between them. Two partners wanted to buy out the third (P3) but have first given P3 the opportunity to buy them out.
All three partners, along with their spouses, were required to sign to be individually responsible for the entire term... View More
answered on Aug 19, 2024
It depends on the language of the Lease and of the Guaranties signed by the individual members.
It is not uncommon for a landlord to require each individual member of an LLC to personally guaranty a lease to the LLC if the LLC does not have established credit. Some leases provide that... View More
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