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Texas Real Estate Law Questions & Answers
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.

1 Answer | Asked in Civil Litigation, Real Estate Law, Consumer Law and Criminal Law for Texas on
Q: I moved in with someone who already had a lease. I gave them my portion of rent and they used it for personal not rent
Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 15, 2019

With regard to Criminal Law, you being there is not Criminal Trespass, regardless of your status on the lease, as long as you have lived there long enough to be considered a "resident." Is your toothbrush there? Is your mail delivered to that address?

Any other issue between you and...
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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Texas on
Q: My father passed away and I live in his house, how do I transfer ownership in my name so I can sell?

My father passed away and I live in his house, my brother doesn't want anything out if it and said he will sign whatever needs to be signed, I had another brother who passed away, he had 4 kids they will all sign as well, what paperwork do I need to file? We do not want to go to probate, would an... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Nov 14, 2019

In theory, if your father left nothing but the house and had no debts (owed no income or property or other taxes, had no medical or funeral expenses, had no credit card debt, never used Medicaid, etc.), a title company would accept an Affidavit of Heirship and you could avoid probate. A court... Read more »

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1 Answer | Asked in Real Estate Law for Texas on
Q: If I sue a home seller does it need to involve my realtor?!?

The seller missed the closing date bcaz he has a lien on his title which one we found at the very end from the title company and title company said this home can not be sold.we left our apartment for this home and now we are living in a hotel and put our staff in a storage which one is very... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 7, 2019

You should contact a real estate lawyer who can review your contract for sale in detail and advise you from there. Much will depend on what your contract states. Typically, the Realtor has absolutely no control over whether or not there is a lien on the property.

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 7, 2019

No, generally not; however, the will needs to be probated through the Court system. A will is not valid until the Court approves it.

2 Answers | Asked in Estate Planning and Real Estate Law for Texas on
Q: My dad passed in Texas a month ago. No will. Both of my brothers are incarcerated. I'm in Montana. What can I do?

I have death certificate too. One wants probate the other, heirship. Sister in law is power of attorney over one brother. What rights does she have as his power of attorney?

Terry Lynn Garrett
Terry Lynn Garrett answered on Nov 6, 2019

The agent under a power of attorney can do no more than the person granting it. If that person is a convicted felon who has not had his rights restored, he cannot act as administrator of the estate and neither can his agent.

An Affidavit of Heirship only passes title to real property and...
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2 Answers | Asked in Tax Law, Estate Planning and Real Estate Law for Texas on
Q: What are the tax implications of gifting a home to your children?

My parents are going to gift one of their properties to me and my adult disabled child. There will be a substantial capital gains tax on this property. How do we go about transferring ownership without a realtor? When and how will this capital gains tax be due?

Nina Whitehurst
Nina Whitehurst answered on Nov 5, 2019

Your parents might incur a gift tax for the amount of the gift over $60,000 ($15,000 x2 recipients x 2 grantors), but it is not likely because together they have an approximately $22 million lifetime exemption.

The two of you (gift recipients) will inherit your parents' basis in the...
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1 Answer | Asked in Civil Litigation, Estate Planning, Real Estate Law and Small Claims for Texas on
Q: CAN I TAKE THE EXECUTER OF ESTATE AWAY FROM HIM? HOW DO I DO IT. CAN THEY SELL HOUSE WITHOUT MY PERMISSION?

IN FEB. OF 2016 MY MOTHER ASKED ME TO COME STAY WITH HER TO HELP CARE FOR MY STEPDAD WHO WAS ON HOSPICE AND HAD ONLY A FEW WEEKS LEFT TO LIVE .MY 4 BROTHERS ALSO AGREED..SHORTLY AFTER MY STEPDAD DIED MY MOTHER WAS ALSO DIAGNOSED WITH CANCER SO SHE ASKED ME TO MOVE IN INDEFINETLY. SO I PACKED UP... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Oct 30, 2019

One can't just make themselves Executor of an estate without actually going to Court and asking the Court's permission to do so. If there has been no petition to the Court then that is where everything starts.

1 Answer | Asked in Divorce and Real Estate Law for Texas on
Q: What is typical cost for pro Forma document to purchase a home during a divorce. Can it be done quickly and inexpensive

Want to put an offer in on the home and need a pro Forma document , can it be done quickly and not break the bank so I don’t miss out on this home?

Jon R. Boyd
Jon R. Boyd answered on Oct 25, 2019

Ask local Title Company.

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Texas on
Q: Buying an apt w a tenant that has acontract til 5/2020. If she terminates before closing will seller pay for those mon

Buying an apt w a tenant that has acontract til 5/2020. If she terminates before closing will seller need to pay for months tenant is missing to pay?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 24, 2019

No, not unless you include this unusual request in the buy/sell documents--or create a side agreement to deal with it.

1 Answer | Asked in Landlord - Tenant, Real Estate Law, Criminal Law and Civil Litigation for Texas on
Q: Can my landlord legally shut off the utilities?

It isn't done for any valid, legal reasons. He just drinks on a daily basis, and then he gets depressed and in a bad mood. Whenever any of the tenants try talking to him about it, he goes off and throws around accusations and slander at anyone around. He has broken many laws already and is now... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 22, 2019

Texas Tenants' Union

https://txtenants.org/

(214) 823-2733

8035 E R L Thornton Fwy., Suite 535

Dallas, TX 75228

1 Answer | Asked in Real Estate Law for Texas on
Q: Only my husband's name is on the property deed. Do I need to be on it as well?

What is the process? We have a will in which he lists me as inheriting the house should something happen to him.

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Oct 15, 2019

No your name does not need to be on it; however, the will does need to be probated at the time of his passing. He could also leave the house to you in a Revocable Transfer on Death Deed. Speak with an Estate Planning Attorney to find out your options.

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Texas on
Q: How can I get the property transferred into my name without a will or going through probate?

In 2017 both of my parents passed away, my mother owned a portion of the 2 acres located in Texas where she lived until her death, while my uncle in California owned the rest. After the passing of my mother, the entirety of the estate went to my uncle, (Still under his name) couple of months later... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Oct 15, 2019

If all heirs agree then there is a way to do it without it going to probate; however, it requires a great deal of detail and I suggest hiring a lawyer to help you.

Whether or not anything was probated in CA will also be important. Again, it's best to consult directly with a lawyer.

1 Answer | Asked in Real Estate Law for Texas on
Q: My grandfather died and has a house in Arkansas. The County clerk in Arkansas stated that we need to have a deed

(Cont) transferred to next of kin. I live in Dallas. Do I need an attorney in Arkansas to handle this for me?

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Oct 11, 2019

Most likely yes, at least consult with one. It also depends on whether your grandfather had a will and if anyone has been appointed executor/administrator of his estate.

2 Answers | Asked in Estate Planning, Real Estate Law, Energy, Oil and Gas and Probate for Texas on
Q: My father passed away intestate (no will), he owned his home, am I responsible for paying his utility bills?

Are his children responsible for paying the light, water, and gas bill? We plan to sell the home once cleaned, but no one is living in the home since his passing.

Terry Lynn Garrett
Terry Lynn Garrett answered on Oct 11, 2019

After the Court appoints an administrator, giving that person authority over your father's property, that person is responsible for maintaining the estate.

Meanwhile, you and your siblings may want to keep the utilities on in order to maintain the property in good shape. That should bring...
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1 Answer | Asked in Real Estate Law for Texas on
Q: What document do you need to file when a family member is gifting properties to you? I have the deeds.

Both properties are coming from 2 different family members. Both properties are valued under $15,000.00.

Will the document I need to file on both property be callers a warranty deed?

Will I have to pay taxes or file anything with the IRS? The property taxes are currently paid up to... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Oct 7, 2019

You should spend the money and have a real estate attorney draft the proper deeds for you. If you have tax questions you should consult with your accountant or a tax lawyer.

2 Answers | Asked in Divorce, Family Law and Real Estate Law for Texas on
Q: My husband (we are currently separated (still married), I know Ft Worth, Texas is a community property State.

The tax bills are in his name. He says that I don't own any part of the three lots in Benbrook, Texas because they show him as "owner". I told him that Texas is a community property State. He doesn't believe that I have a part of the ownership.

Jon R. Boyd
Jon R. Boyd answered on Oct 6, 2019

Texas is a community property state, but if you didn’t marry by marriage license, you will have to prove you are common law married.

You may qualify but it is an intensely fact dependent determination. Call me tomorrow at 817-338-4500 if you would like to meet with me me to analyze your...
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1 Answer | Asked in Real Estate Law for Texas on
Q: how Can I get a car title/house deed into my name so I can get them insured-owner deceased.

I was put as beneficiary on her things but with her failing health we did not get around to changing title and deed but she gave the title/deed to me.

I have siblings who do not want to pay the insurance on these items but I am willing to pay the insurance and taxes.

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Oct 3, 2019

The answer can vary greatly depending on the circumstances. Was this your mother? Was there anyone else ever on the deed? Will all siblings agree to let you have the real property and the vehicle, etc.? I suggest you contact a probate attorney or real estate attorney to assist with this.... Read more »

1 Answer | Asked in Contracts, Employment Law, Personal Injury and Real Estate Law for Texas on
Q: Hi, I'm researching builders to use. Whats the best way to see if they have any lawsuits within past 5 years?

Just want to see if any individual or entity has sued them for anything and what the nature of the lawsuit is. Is there a database online that I can use?

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Oct 3, 2019

If you're looking in Texas, I suggest checking the county property records and county court records to see if there has been anything. Most of it is public information.

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