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Texas Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Texas on
Q: Can I purchase a residential property without the cost of a lawyer?

I am buying a property in the Sunshine Country Club Estates in Harlingen from a personal friend, and, as we are all seniors, we would like to minimize the costs.

Anthony M. Avery
Anthony M. Avery answered on Jul 16, 2021

Hire a competent TX attorney. The risks could be catastrophic.

1 Answer | Asked in Real Estate Law and Estate Planning for Texas on
Q: If you do a buy out for an inherited property how is the buy out determined ? On date of death for market value ?

My brothers portion is 12.5% is his portion determined on equity in the house we still owe 142k and is that based on market value on date of death ? Or today’s market

Nina Whitehurst
Nina Whitehurst answered on Jul 14, 2021

The buy out price is whatever the buyer and seller agree upon. If the co-owners cannot agree, then one of them can take the other to court to force a sale, in which case the court will decide and everyone loses because attorneys' fees and court costs come off the top.

1 Answer | Asked in Estate Planning and Real Estate Law for Texas on
Q: how do I buy out my brother on a home that is inherited with a mortgage. His share is 12.5 % in Texas
Teri A. Walter
Teri A. Walter answered on Jul 14, 2021

First, you get an agreement from your brother about the value of his interest. Then have a deed prepared by a lawyer, and pay your brother for his interest in the property.

1 Answer | Asked in Energy, Oil and Gas and Real Estate Law for Texas on
Q: What mineral rights /circumstances do I need to hold to prevent someone from drilling on my land, practically speaking?

I know if you have the full "twig" that is ingress and egress, you can prevent any drillers from coming on your land...

But what if you have fractional, undivided interest (1/8th or 1/5th or 1/6th)?

Aimee Hess
Aimee Hess answered on Jul 13, 2021

Generally speaking, in Texas each undivided mineral owner has the right to have their share of the minerals produced, even in the absence of consent from other undivided owners. In some cases, the Texas Railroad Commission requires a certain percentage of the mineral owners to be leased. In... Read more »

1 Answer | Asked in Energy, Oil and Gas and Real Estate Law for Texas on
Q: If you have fractional interest in mineral rights, can you prevent someone from drilling on the surface of the land?

I know if you have the full "twig" that is ingress and egress, you can prevent any drillers from coming on your land...

But what if you have fractional, undivided interest (1/8th or 1/5th or 1/6th)?

James Tack Jr
James Tack Jr answered on Jul 13, 2021

Generally, all cotenants have the right of access to the jointly owned property. If you own surface and a partial mineral interest, the other mineral interest owners are your cotenants and they have right of access also. The best solution for a surface owner with partial mineral interest is to... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: Other than marriage, how can I bequeath my property to a individual without it costing them an inheritance tax /probate
Teri A. Walter
Teri A. Walter answered on Jul 8, 2021

For avoiding estate taxes, leave less than $11.7 Million in your estate, (the current minimum value of estates subject to the tax).

For avoiding inheritance taxes, leave property to a beneficiary in a state that does not impose inheritance taxes. Most states, including Texas, do not have...
Read more »

1 Answer | Asked in Real Estate Law, Land Use & Zoning, Probate and Estate Planning for Texas on
Q: I have a home on my grandmother's property that was left to be inherited by my mother and aunt equally. What happens?

Aunt wants me evicted. Mom wants me to stay. I cannot upgrade septic for house I own (no land payment agreement from deceased grandmother) or move mobile home onto same acreage without aunt's signature or do anything at all without causing a fuss. What do I do? Its a Ladybird will with no... Read more »

Teri A. Walter
Teri A. Walter answered on Jun 29, 2021

The property owners (your mother and aunt) both have rights to use the property, which include the right to lease it out. If there's a written lease, that will govern who can evict you and why. If there's not, you're a month to month tenant, and the oral lease agreement can be... Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Texas on
Q: MTM lease - Charged Additional Rent and Reletting Fee in Dallas Texas

We lived in an apartment on a lease that ended 4/23. We renewed on 2/31 for 6 months, which starts on 4/24. We decided that we were moving out on 4/20 and canceled the renewed lease in writing on 4/20. We also informed them in writing that we were going on MTM lease and this is our 30 day notice... Read more »

Teri A. Walter
Teri A. Walter answered on Jun 28, 2021

Sorry, but it sounds like you Did terminate early. After the renewal, the lease was supposed to run through October, and you terminated in May. Changing your mind after you sign the renewal, doesn't get you out of the renewal, even if you tell them before the renewal term was to start.

1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: Can my 58yr old single unemployed female get out of a sale to investor she was severely pressured into friday

She was facing a tax foreclosure, (she had reason to believe her ex paid it before being arrested last year). Her sister has been on the title with her but didn't pay a dime but pressured her hard and was in cahoots with the investors who also got pushy and she has another way to stay and... Read more »

Teri A. Walter
Teri A. Walter answered on Jun 28, 2021

Sorry, being 58, single, unemployed, and/or pressured to sign a contract will not get you out of the contract.

2 Answers | Asked in Wrongful Death, Estate Planning, Family Law and Real Estate Law for Texas on
Q: The Frail Elderly Family Protection Act: Can it over turn the appointment of the POA & MPA due to wrongful death?

Forensic pathologist reported youngest sibling murder my mother.

Terry Lynn Garrett
Terry Lynn Garrett answered on Jun 24, 2021

A power of attorney expires with the person who granted it.

View More Answers

1 Answer | Asked in Real Estate Law, Business Formation and Business Law for Texas on
Q: Does a Washington state based LLC need to register as a foreign entity with Texas SOS?

Hi, I live in Washington State and I am formalizing a small business LLC from my home. The main purpose of my LLC is to purchase real estate property in Texas (residential homes), and put them up for rental. I will utilize a Texas based real estate company to purchase the home(s), and utilize a... Read more »

Brian J Elliott
Brian J Elliott answered on Jun 21, 2021

Yes - a foreign entity doing business in Texas needs to be registered with the Texas Secretary of State. However, an entity that is created for the sole purpose of owning real estate may not need to be registered in TX even though the property is located in TX. While the entity that conducts the... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: i was mowing and part of the rock that was used to make some kind of island in the back yard hit me in my leg

this rock was part of some kind of thing that was built on the ground to make a platform. I did not build this it was already built. Can i file under the homeowners insurance policy because i was badly injured?

Teri A. Walter
Teri A. Walter answered on Jun 21, 2021

Your homeowners insurance covers your liability if someone is injured on your property. It does not cover you for injuries to yourself; that would be covered by your health insurance.

1 Answer | Asked in Real Estate Law for Texas on
Q: My name is Debra: I had a modification on my home around 10 ago, I just discover that I have been paying interest only.

Can a company do that legally? I noticed that I have been paying for years and I noticed that the balance owed on the house was not going down. After the interest was paid they doubled my note, I am about to lose the house because I can't afford the payment of $1586.29.

Teri A. Walter
Teri A. Walter answered on Jun 21, 2021

It sounds like you and the lender agreed to a modification that would allow you to pay interest only for a period of time, and now that the period is over, they want you to make up the payments, which is why the monthly payment is increased.

It's not at all clear what you originally...
Read more »

1 Answer | Asked in Real Estate Law and Civil Litigation for Texas on
Q: Can the city change a private road to a public street against homeowners' desires?

We do not want our private road made a public street. Can the city override our desires when we homeowners on the road have titles/deeds saying we each own 1/4 interest in the road and easement and no changes, alterations or modifications can be done to the road or easement without our written... Read more »

Leroy Scott
Leroy Scott answered on Jun 16, 2021

Yes, the city can do that, but it has to provide just compensation to the private owners. Look up "eminent domain".

1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: Question is regarding wills.

Texas - Dad died no will and house only in his name. Mom dies and made will leaving 25% son, 25% daughter and 50% divided 3 grandchildren. Can son file for % heirship since dad had no will?

Isaac Shutt
Isaac Shutt answered on Jun 15, 2021

Yes, absolutely. If Dad had no will, then Dad's "heirs" inherit Dad's assets. Most surviving spouses just assume that they automatically inherit the deceased spouse's estate, but that's not actually correct.

Keep in mind, though, Mom will likely be the...
Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: My mom wants to gift land with liens on it to her son. Will he inherit liens and could he lose land if not paid?

Can she actually give it as a gift to her son? Will he then be responsible for her liens? I know he can't buy or sell until liens are paid, but could he lose the land if the liens never get paid?

Anthony M. Avery
Anthony M. Avery answered on Jun 14, 2021

Such a conveyance is transferring ownership of the real property, and the liens encumber the property, so the son grantee takes subject to the liens. Mother will still be a Judgment Debtor and the property is still subject to the Liens, which may be executed upon sometime. Son is not personally... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Texas on
Q: Can I give my dad a notice to leave my moms home? She has passed away and left no will but I pay the mortgage.

My mom died last year and left no will. He has created an argument over nothing and feels like he is entitled to everything. He lived with her for a few months last year before he decided that he could no longer care for her and verbally told me I was responsible for her. He decides to come back a... Read more »

Isaac Shutt
Isaac Shutt answered on Jun 11, 2021

Definitely consult a probate attorney. I do think you'll need to involve the probate court so that your inheritance rights are protected. Many probate attorneys offer free or inexpensive consultation meetings.

Your father probably just assumes that everything of your mother's...
Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Texas on
Q: Parent past away, did not leave a will. What steps need to be done to transfer deed to family immediate family member

There are ten siblings. Can all ten be named on the deed or would it be best to identify one person?

Terry Lynn Garrett
Terry Lynn Garrett answered on May 31, 2021

One of the siblings must hire a local probate lawyer to file an Application for Determination of Heirship and Issuance of Letters of Administration. All the others may sign a Distributee's Agreement agreeing to that person acting as administrator with power of sale. After the debts are paid,... Read more »

1 Answer | Asked in Environmental, Land Use & Zoning and Real Estate Law for Texas on
Q: Flooding rain water into our rental soaking a bedroom carpet. Management co. wants us to move out.

Offered another rental at a higher price with a year lease. What is their obligation to me. Regarding moving costs, and inconvenience etc

Tim Akpinar
Tim Akpinar answered on May 30, 2021

A Texas attorney could advise best, but your post remains open for a week, and it sounds like you are under pressure to make a decision. There's no guarantee all posts are picked up, but you could repost your question under the Landlord-Tenant category. You'd have better chances of a... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: If I have a life estate for a parcel of land and the person dies how do I go about selling said land?
Anthony M. Avery
Anthony M. Avery answered on May 25, 2021

If you have a Life Estate, then you enjoy vested possession of the property until you die. However I think you mean someone else had a LE and you have the Remainder. If so, have a knowledgeable Affiant make an Affidavit and record it, stating the death of the Life Tenant. You would be advised... Read more »

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