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I want to change a land deed into my name; it is currently in my great-grandfather's name, who passed away over 50 years ago. The deed lists the name as "Roberts G S L Roberts," which seems to be a garbled mix of family names. My great-grandfather was George Roberts, his son was... View More 
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answered on Mar 14, 2025
You will need a competent TX attorney to search the title, determine heirship, draft an Affidavit of Heirship and hopefully a Deed from other tenants in common over to you. Check the taxes, as they have to be paid or you lose the land. Determining Heirship may need many witnesses, death... View More
I have paid off my mortgage, and my wife's name is not currently on the title of our property. I am considering adding her name now, as I want her to have full ownership of the property if I pass away. What steps do I need to take to ensure her name is added and she has full ownership?
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answered on Mar 13, 2025
If you add your wife (which you can do via a Gift Deed, or Warranty Deed), she will be the full owner at that point in time. If she dies before you, you will have to go through probate and hope the law in your jurisdiction will give it back to you.
Other options: Transfer on Death (most... View More
I have paid off my mortgage, and my wife's name is not currently on the title of our property. I am considering adding her name now, as I want her to have full ownership of the property if I pass away. What steps do I need to take to ensure her name is added and she has full ownership?
answered on Mar 13, 2025
Some more facts are necessary to fully answer. Since Texas is a community property state, if the home was purchased during marriage, she already owns her community property portion. From an estate planning perspective, a Transfer on Death Deed would work such that at death, she would own the home... View More
I found personal documents, including a family will, social security numbers, and court documents, belonging to a deceased person while working in an attic during a demolition and construction project. I'm seeking legal advice on how to handle these documents properly. What should I do next?
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answered on Mar 13, 2025
Since you've found sensitive personal documents belonging to a deceased person, including a will, social security numbers, and court records, you should handle them carefully to avoid legal or ethical issues. Here are the recommended steps (not legal advice):
1. Do Not Destroy or... View More
I recently remarried, and I want to update the deed to my property to reflect my new last name and add my new husband's name. My previous husband is no longer present, and there are legal challenges in obtaining a death certificate. How can I proceed with changing the name on the deed under... View More
answered on Mar 10, 2025
If the property is your separate property (i.e. it was not acquired by you during your previous marriage) and the deed is currently in your sole name (i.e. your previous husband's name is not on the deed), you can sign a new deed in your to yourself in your new name before a notary public.... View More
I recently remarried, and I want to update the deed to my property to reflect my new last name and add my new husband's name. My previous husband is no longer present, and there are legal challenges in obtaining a death certificate. How can I proceed with changing the name on the deed under... View More
answered on Mar 10, 2025
If the property is your separate property (i.e. it was not acquired by you during your previous marriage) and the deed is currently in your sole name (i.e. your previous husband's name is not on the deed), you can sign a new deed in yourold name as it appears on the deed to yourself in your... View More
My son signed a rent-to-own lease for a trailer home that's in poor condition. The stairs are falling apart, the tub doesn't drain properly, and the gas stove can't be used because the trailer only has electricity. The lease is for 70 months. I'm visiting this Friday to review... View More
answered on Mar 10, 2025
First and foremost, review the rent-to-own lease itself. It should indicate who is responsible for maintenance and repairs and whether the tenant must first obtain written approval from the landlord. It should also indicate any cancellation procedure including any required notices.
I would like to represent my mother, who is currently incarcerated, during a partition suit in Texas. I am not an attorney, but my mother wishes for me to ensure she is treated fairly in the division of proceeds. She intends to give me power of attorney for this matter. I have spoken to the... View More
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answered on Mar 8, 2025
Sometimes a POA is sufficient to represent an incarcerated person. In this case though it seems as if a Receiver has already be appointed by the court in the partition suit. I would go ahead and execute the POA and also file a letter into the partition suit asking for all notices as in interested... View More
My grandmother passed away and left me her home in her will, which directly states the house is mine, and there is no debt to the property. The will did not require probate. I am handling the transfer myself without any legal assistance. What steps do I need to take to transfer ownership of the... View More
answered on Mar 8, 2025
Wills do not have any legal effect until probated (validated by law). For 99% of cases, this seems absurd! However, laws are made for the 1% bad eggs--not the 99% good eggs. There are lots of fake, fraudulent "wills" out there, so the law requires probate to prevent those fake... View More
My husband recently died without a will, and I'm in the process of selling our home, which was jointly owned by us. My husband maintained contact with his biological daughter after her adoption by her stepfather, but he did not provide any support after the adoption. There are no other... View More
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answered on Mar 5, 2025
It depends. If your spouse left the house to only you in a will, no one other than you has a right to the house.
However if he left it in shares to multiple people under the will (including the child that he gave up for adoption), multiple people would have a right to it, including the... View More
My husband recently died without a will, and I'm in the process of selling our home, which was jointly owned by us. My husband maintained contact with his biological daughter after her adoption by her stepfather, but he did not provide any support after the adoption. There are no other... View More
answered on Mar 5, 2025
First, it depends on the language in the deed. If you held the property as joint tenants with right of survivorship, you own 100% of the property without the need for probate. If you held the property as tenants in common, the laws of intestacy take over, and the biological daughter's adoption... View More
My husband recently died without a will, and I'm in the process of selling our home, which was jointly owned by us. My husband maintained contact with his biological daughter after her adoption by her stepfather, but he did not provide any support after the adoption. There are no other... View More
answered on Mar 5, 2025
To answer this question specifically, we'd have to know more. Specifically:
1) The deed to the house matters. If we could see that, we'd know if your husband's estate is even involved. In other words, if you're listed as "joint tenant with rights of... View More
I believe the City of Shamrock is using unlawful tactics to obtain my two properties through city liens. Initially, they trespassed on my properties to inspect building conditions. After confronting them about this illegal trespassing, they returned with an Administrative Search Warrant for one... View More
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answered on Mar 4, 2025
You need to get a lawyer in between your property and the city.
In any event, you can always ask for an extension of time in all of the proceedings that involve your property.
Using a search warrant for two locations sounds illegal. If you have a copy, I would like to see it.... View More
In 2019 we had a property that we were selling in Houston Texas in which we went under contract. The buyer decided to terminate a day before closing and which we were both in dispute of the earnest money. We had gone under mediation with no outcome determined the earnest money sat with title until... View More
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answered on Mar 3, 2025
Sorry to hear about your issues.
would like to see your buy/sell agreement, so I can know what was written about Earnest Money. Usually the seller alone gets to keep the Earnest Money, when the buyer backs out.
If the contract says you should have received it, the Title company... View More
I am in Texas, and my mother-in-law gifted a house to my wife and me because she didn't want to pay property tax, and I am exempt. Both my wife and I are on the deed, and I have renovated the flooring and painted the entire house. Although my wife has not made any financial contributions... View More
answered on Feb 28, 2025
It depends. Everything is presumed to be community property unless there is clear and convincing evidence that the property is separate. If she alleges it's her SP, then she has to prove it. Your spouse would have to prove that the gift was only to her and not to you both. If the judge... View More
I co-signed a mortgage with my daughter for her house, but due to health issues, I now reside in a nursing home and likely will for life. I want to remove my name from the mortgage without causing financial hardship for her. We haven't yet explored refinancing or contacted the lender. How can... View More
answered on Feb 24, 2025
Probably refinancing the mortgage with a new lender in her sole name is your best bet. The alternative is to try to persuade the current mortgage company to release you, which is not in that company's best interest. But, legally, that company cannot object if it is paid off by a new company... View More
I live in Texas, and I own a home jointly with my ex-girlfriend, with both of us on the mortgage and the title deed. She is currently refusing to sell the property and has also kicked me out of the house. We have no legal or financial obligations, such as shared debts or child support, affecting my... View More
answered on Feb 20, 2025
If she is unwilling to sell the property, you can force the sale through a partition lawsuit. In a partition lawsuit, the court will order the property be sold unless it can be physically divided between the parties. Each party may receive an offset of the amount they are owed depending on which... View More
I am experiencing a problem with my neighbor violating deed restrictions by keeping hogs on their property. The odor and noise from the hogs are making it impossible for me to enjoy my outdoor space at any time. Despite numerous contacts from the sheriff's office regarding this issue, the... View More
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answered on Feb 15, 2025
As long as there re no expiration dates on the deed restrictions regarding "split hoof" or other animals, you can enforce a deed restriction by filing with the District Court or Civil Court, depending on which county, the property is located. If there is a board of owners involved, you... View More
If my father passes away and leaves behind a personal loan that is not fully paid, how will his estate handle it if we are jointly paying a mortgage that is also not yet paid off? There is no will currently, the loan has no cosigner, and my father owns nothing besides the house, which is also in my... View More
answered on Feb 14, 2025
If the property is the only asset and it is titled as joint tenants with right of survivorship, the property will pass to you without having to pay the personal loan by operation of the deed. The mortgage will still exist, and you will still have to pay it. If the property is held as tenants in... View More
Does a decedent's spouse have the authority to appoint an independent executor to sell all of the estate's property upon her death, including real property purchased through the Veteran's Land Board of Texas? The husband, in his will, left her a life estate in the property,... View More
answered on Feb 14, 2025
You are incorrect regarding the effect of the deed on whether the property was community or separate property. Property acquired during marriage is community property unless you can prove by clear and convincing evidence it was husband’s separate property.
That being said, if you are... View More
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