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Texas Real Estate Law Questions & Answers
1 Answer | Asked in Civil Rights, Real Estate Law and Small Claims for Texas on
Q: My father passed . The house belongs to me. His wife, my stepmom refuses to leave.

Can she keep me from entering my home that I and my brother live in. My dad and step mom lived in my home for 7 years until dad passed a week ago. I have given stepmom 30 days to move instead of 3 days. She called police and police said I can't enter my home.

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Sep 19, 2019

You’ll have to formally evict her.

1 Answer | Asked in Real Estate Law for Texas on
Q: My grandmother owned a piece of property that she left to her kids and now they are all gone is there any form that

All 13 of her grandkids can sign stateing that they dont want the land?

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Sep 18, 2019

When you say "left" to her kids, do you mean she did so in a will? Was the will ever probated?

An heir has a right to refuse acceptance of property left to them and the process to do so depends on if there was an administration of the estate, how much time has passed, when she died, etc....
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1 Answer | Asked in Real Estate Law for Texas on
Q: We were deeded a home by a friend before she died, deed in our name. how long does family have to remove contents?

My wife and I were the caregivers for an elderly widow who passed away on June 5th. Our friend signed her home over to us on March 25th utilizing a Texas General Warranty Deed but we didn't file it right away because while she needed assistance she wasn't ill and we didn't anticipate that in a few... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Sep 13, 2019

Until the deed is invalidated, it appears you are the legal owners of the house and have a right to take possession. I suggest taking pictures of all the contents and the house, etc. in the event you may need them later. Keep an inventory of all contents.

3 Answers | Asked in Estate Planning, Real Estate Law, Probate and Landlord - Tenant for Texas on
Q: My father passed away, he wasn't married and didn't leave a will. Are my Aunt's allowed to keep his house keys from us?

My father didn't have a will, and only has 2 children. He wasn't married. My Aunts have taken the keys to his home and wouldn't allow me (his son) inside to search for documents necessary for burial. Is that legal for her do given that I'm the son? I researched intestate succession and believe it's... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Sep 13, 2019

If your father left children, those children, not his siblings, are his heirs. Hire a local probate lawyer to help you file an Application for Determination of Heirship and Issuance of Letters of Administration. Once you are appointed administrator of your father's estate, it will be your duty to... Read more »

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1 Answer | Asked in Real Estate Law, Animal / Dog Law and Landlord - Tenant for Texas on
Q: Am I liable for pet rent?

If I have not acknowledged ownership of my animals to my apartment complex, and have lived there for over a year, but am only now receiving notice of an unpaid amount on my bill, despite having paid what I am obligated, the reason for which is pet rent; am I admitting acknowledgment of having had... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Sep 12, 2019

Read your lease contract. If you knowingly broke the agreement then chances are high you’re responsible.

1 Answer | Asked in Real Estate Law for Texas on
Q: What recourse do I have in Texas... I purchased 2 acres from my father and find out he also sold it to someone else.

I put $7k towards the property out of a total of $18k. I was waiting for the remaining funds to come in and he was aware and was fine with it until his truck broke down and he decided he was buying a cabin in Arkansas. So he hounded me to pay another $7k in a couple of weeks which I was trying... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Sep 9, 2019

It depends on if there was a valid contract for sale and if either sale closed and was recorded in the deed records of the correct county.

1 Answer | Asked in Real Estate Law for Texas on
Q: my wife owns the house soley on deed and mortage and i have not comingled . Seperate checking plus seperat file taxes.

she wants to sell me too but i have irs issues with lien i dont want to sign anything i can but i dont want the irs to take from her what do we do

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Sep 9, 2019

Your question is not clear. I suggest you speak with a tax attorney familiar with community and separate property in Texas.

1 Answer | Asked in Real Estate Law for Texas on
Q: can I sue the appraisal district for lying to me in order to cause me to pay higher property taxes
Tammy Lyn Wincott
Tammy Lyn Wincott answered on Sep 9, 2019

Your question needs a lot more details before anyone can answer it. I suggest a private consultation with an attorney.

1 Answer | Asked in Real Estate Law for Texas on
Q: I lost the original POA for my mom. I have 2 paper copies and a color PDF version. Need for house sale.

Texas resident

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Sep 9, 2019

Please state your question. Copies of a POA are accepted by many; however, not all places will except a copy.

1 Answer | Asked in Real Estate Law for Texas on
Q: Will my credit score be messed up if I was an heir of heir for an estate that was foreclosed on?

I am the heir of my father who was the heir of his mother's estate along with 3 other boys. I was cited paperwork and a default judgement has been set against me? Will this harm my credit in any way? Will my banks or anything be messed with? I am just 27 and when all of this paperwork for the... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Aug 28, 2019

The judgment would most likely be against the estate; not an individual heir unless you had contracted for the debt. It also depends on whether the house was deeded to you or left to you in a will.

1 Answer | Asked in Bankruptcy, Civil Litigation, Contracts and Real Estate Law for Texas on
Q: Ex-boyfriend filing bankruptcy, will it affect me when we have a notarized promissory note?

I am a co-owner of my house (that my parents paid for) with my ex-boyfriend and we are separated because he had an affair. Both of our names are on the deedWe both had an agreement about things after he left the house. We have a co-signed home equity loan of about

Timothy Denison
Timothy Denison answered on Aug 20, 2019

Unless his name is on the deed, he has no claim to the property. He will likely be released from the promissory note on the house, but as long as you make the payment, nothing should happen to you.

1 Answer | Asked in Contracts, Estate Planning and Real Estate Law for Texas on
Q: Does homestead act over-ride the execution of the last will. The nephew never owned the house it belonged to the estate.

great aunt passed and left everything to her to a select few of her nieces and nephews, One of the nephews was very sickly and not expected to live long, he could live in the house until he died then the house would be sold and divided amongst the remaining living. If he ever moved he would sell... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 16, 2019

No, if the decedent had a Last Will the property should pass in accordance with the will.

1 Answer | Asked in Real Estate Law and Civil Rights for Texas on
Q: can I sell my mother house if the house was sign over to me and my sister live there

I want to sell my mother house but my sister live there. I have served her a eviction letter and she still want leave. She said I can’t sell the house but my mother sign the deed to the house over to me

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Aug 16, 2019

Talk to your probate attorney.

1 Answer | Asked in Estate Planning and Real Estate Law for Texas on
Q: My mom passed awAy leaving me 1/2 of her and my stepfathers home. Its Mortgaged. Does he have to pay me to 1/2 the value

Th

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Aug 16, 2019

You're question isn't clear. If she left you her interest in the property then you are a co-owner with your step-father and the property comes with an encumbrance (the mortgage). Anything paid over and above your step-father's interest in the home is subject to a reimbursement claim from him when... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: My parent died and the will was threw away...If I am ONLY child can I show my birth cerf and get this land put in my

name,, I am on ssi an now 65years old

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Aug 13, 2019

Please provide a few more details, i.e. where is the land located, when did the parent die, were they married, etc.

2 Answers | Asked in Business Formation, Contracts, Land Use & Zoning and Real Estate Law for Texas on
Q: Can an individual place restrictions on property they are selling if no restrictions were on it before?

My wife and I purchased a 10 acre tract in Polk County on FM 3126 outside Livingston city limits, not in a neighborhood, no HOA or zoning. The land sale contract states "The property shall be used exclusively for agricultural or single-family residential purposes." If we decide to build a... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Aug 13, 2019

I suggest you see if the seller will amend; otherwise, you signed a contract with them and they can hold you in breach of that contract.

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1 Answer | Asked in Civil Rights and Real Estate Law for Texas on
Q: Can i sue a builder for overcharging us? We bought a house in Texas 77007 area in july 2018.

Can i sue a builder for overcharging us? We bought a house in Texas 77007 area in july 2018 and now the builder is selling 3 exact same homes like ours for $50000 less. Also we had a downtown view that is now completely blocked by new apartments. The builder did not disclose this information at the... Read more »

Roy Lee Warren
Roy Lee Warren answered on Aug 6, 2019

I hesitate to say it but you have too much invested to not speak to a lawyer in the county where you have the house. You would be hard pressed to recover anything because the seller reduced the price, unless you can establish some type of fraud. The blocked view is not as rare as you may think,... Read more »

1 Answer | Asked in Real Estate Law, Landlord - Tenant, Patents (Intellectual Property) and Probate for Texas on
Q: Who would be the owner of a title or have claim to the title to real property if...

My father transfered a property to my mother through a special warranty deed that my grandmother had originally transfered to both of them through a warranty with vendor's lien but prior to this in '72 one half of the interest was transferred by a quitclaim deed to my grandmother while other part... Read more »

Nina Whitehurst
Nina Whitehurst answered on Aug 6, 2019

The only way any attorney can give you a definitive answer would be to review the entire chain of title with his or her own eyes.

1 Answer | Asked in Real Estate Law and Business Law for Texas on
Q: How can I check a case number online
Tim Akpinar
Tim Akpinar answered on Jul 29, 2019

You could check with the court system that serves your jurisdiction. Most unified court systems post case resources online. You could also contact the office of the court clerk for assistance. Good luck

Tim Akpinar

1 Answer | Asked in Real Estate Law for Texas on
Q: Ive lived in a house I put my mothers name in and ive been paying for 17 years and I want sell for money? what do i do?

Is there any method to receive any portion of the house when at sale?

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jul 26, 2019

You need to get it in your name or have the authority to sell it.

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