The deed is in my dad name with moms being second. Dad passed in 1980. Mom is 83 and had lived in the home since his passing but never dropped his name from the deed. Dad left no will. Mom has a will with me as POA. How and what do I need to do to get this deed tranfered into my name before she... Read more »
The first step would be to transfer your father's 50% community property interest to your mother. At this point, she could do this with an Affidavit of Heirship recorded in the county deed records.
It is not clear that your mother should transfer the home to anyone while she is alive.... Read more »
The will appoints my sister as executor. The deed is in my mother and father's name,both are deceased. All taxes and bills on the home are paid and current. Can we file for probate?
Yes, you can file the Will for probate but there may be other probate options available to you, depending on any other property or assets that need transferred. I would recommend consulting with a probate attorney in your area to discuss the options available for you.
When my grandmother passed away, she left the family land to my cousins and I as undivided interest. Once all of her children pass away, the land is divided among the 12 of us. Her children no longer want to deal with the execution of the estate. How can I guarantee a portion of the property comes... Read more »
That sounds like a Life Estate to her Children, then Remainder over to the 12 or their heirs. But I am not reading the Deed or the Probated Will of GrandMother. Hire a competent attorney to search the title, determine what exact type of conveyance it is, then draft a Quit Claim Deed for all the... Read more »
My bro signed his half of ownership to my sis without my knowledge shes making it Impossible to live here i just want to put it up for sell but she doesnt want to nor can she buy me out what can i do? I desperatly need advice thank you
Hire a competent attorney to file an Action for a Sale For Partition.
I'm looking to purchase a plot of land and i was told to look into the deed/or possible lien.
Hire a competent attorney to conduct a Title Search...
Long story short story. Me and my ex partner got a house under our names. Now since we not longer together she wants to sell the house. Wich in the other hand i dont want to sell the house cause we only have had the house for lil less than 2 years. I have given a lil over 28k towards the house.... Read more »
You may have to buy her out and get a Quit Claim Deed. She can file a Partition Action at any time. It will be almost impossible to remove her from the mortgage note without a refinancing solely in your name.
85,000 is owed on the house. The house was appraised at $240,000 how is it split?
The answer to your question depends. A Texas family court will seek to make a just and right division of the community estate. There are a few different ways that this could end, and these examples are not all inclusive. A court could order that the house be sold and the proceeds be split or it... Read more »
The judge did not even here or see my evidence of fraud or abduction or holding a love one hostage or the stolen car insurance money .and I lost property , my love one , my money stolen from account .what should I do or how can I get justice !! Who do I contact? Or tell ? Do I fire my lawyer and... Read more »
The State Bar of Texas has a client dispute resolution process. You may want to avail yourself of it.
I just want to know if there’s any way I can have more than just 3 days because I have nowhere else to go
You describe yourself as a guest, not as a tenant at will entitled to a 30 day notice and subject to a current covid-19 related eviction suspension. The answer is in your question.
Typically, the remedies in foreclosure are limited to taking the property back. However, I'd recommend reaching out to an attorney. Where is the timeshare located?
His siblings are his only next of kin and they all live in different states outside of Minnesota. What will be the most efficient, cost effective way for them to tackle his estate? Please advise.
Thanks.
The estate must be probated in Minnesota. What is the most cost effective way to do this depends on what he left.
I did a friend a favor and I got a buyer for her home on a mortgage short sale.
Mortgage company guidelines state she needs a realtor to sell her home.
I am not a realtor or licensed .
Yet how do I go about it to get that 6% commission from mortgage company?
What... Read more »
I don't practice Texas law, however, you probably can't get a commission legally because you need to be licensed either as a real estate agent or broker. You could look into whether it is permissible to receive a finders fee in Texas: https://legalbeagle.com/8579336-texas-finders-fee-laws.html
My wife and I are planning on selling our home and buying two separate homes with the proceeds, one in Texas and one in Michigan. The mortgage on the Texas home will be solely in my name. Since Texas is a community property state, what can be done to ensure the house remains solely my property in... Read more »
You should consult with and retain an attorney.
In general there are different mechanisms that can accomplish this goal. One mechanism may be a partition and exchang agreement.
Disclaimer: This information is for educational purposes only and does not create an attorney-client agreement.
If she gifts me her home, will I still be the owner of the home even though her will states it goes to my dad and uncle?
A lifetime gift trumps the will so, yes, you would be the legal owner. This assumes nobody succeeds in overturning the gift on the basis that she lacked legal capacity or was subjected to undue influence. Also, lifetime gifts can have negative implications for her so she should consult with an... Read more »
married 2005, husband passed 2018, property and mobile home both in his name. We filed chapter 7 in 2015. I still live in the home, I am disabled and need to get tax exemption. I do not have to pay mortgage until i want to sell, then must pay off. If I put title in my name, will I then be... Read more »
Don’t do anything until you consult a lawyer in person. There are many variables which factor into that decision which you have not listed here. Thus, a complete answer is not possible here.
You need to do a title search. Assuming your Mother owned the property at death, If she had a Will, and it is Probated, then it will go to the Devisees. Otherwise it is owned by the Mother's Heirs-At-Law if she owned it at death. Also it may be subject to a debt or other liens, which the... Read more »
Also is it against the law to have the buyer payoff mortgage BPO Price ? And the excess proceeds be given to me by check from buyer ?
I'd like to have some money after being left homeless by Mortgage Company.
A "short sale" by definition (usually) does not produce any "excess proceeds" after the sale.
My mother in law passed away last summer, and my husband is her only child and living family. We need to figure out how to transfer ownership of her home and vehicle quickly because she hadn't paid property taxes for many years so we need to get on a payment plan of some kind as well as need... Read more »
You do not need to complete transfer of title to either the home or the car to pay the property taxes, though paying them gives no ownership rights.
The DMV has an Affidavit of Heirship form.
While a court will not enforce it until it has been in the county clerk's deed records... Read more »
You see I had a fire they knew I was going to save the last quarter of the house to rebuild a tiny home the the manager came of the bobcat tore it down and put it in the trash do I have any recourse for that
I'm sorry for your ordeal. It could depend on the park's polices, and the extent of fire damages in the remaining portion of the structure. One option is to see if a Texas attorney would offer a free or brief, low-cost consult to assess the matter. Before starting to shell out money to... Read more »
How do I get her thing out if her caretake is still in her home?
Once the court has appointed you administrator or executor of her estate, you will have authority to take possession of all her property and evict the care giver. If you have evidence that the caregiver is filching property, you might want to file a Motion for a Temporary Restraining Order.... Read more »
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