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Texas Real Estate Law Questions & Answers
1 Answer | Asked in Estate Planning, Real Estate Law and Elder Law for Texas on
Q: I need advise on transferring a home deed into my name.

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 »

Terry Lynn Garrett
Terry Lynn Garrett answered on Jul 8, 2020

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....
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2 Answers | Asked in Real Estate Law and Estate Planning for Texas on
Q: My mother passed away and left the house to my sister and me,we are the beneficiaries. We want to sell the house.

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?

Beth Ann Serafini-Smith
Beth Ann Serafini-Smith answered on Jun 25, 2020

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.

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1 Answer | Asked in Estate Planning, Real Estate Law and Land Use & Zoning for Texas on
Q: How to I divide undivided interest before the estate gets passed down to my generation?

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 »

Anthony M. Avery
Anthony M. Avery answered on Jun 18, 2020

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 »

1 Answer | Asked in Real Estate Law for Texas on
Q: My sis cant buy me out on half of our home what can i do to get out of this..i want to sell my part what can i do

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

Anthony M. Avery
Anthony M. Avery answered on Jun 2, 2020

Hire a competent attorney to file an Action for a Sale For Partition.

1 Answer | Asked in Real Estate Law for Texas on
Q: how do you see if there is a lien or deed restrictions on a property?

I'm looking to purchase a plot of land and i was told to look into the deed/or possible lien.

Anthony M. Avery
Anthony M. Avery answered on Jun 2, 2020

Hire a competent attorney to conduct a Title Search...

1 Answer | Asked in Banking and Real Estate Law for Texas on
Q: What to do if co-owner doesnt want to sell the house?

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 »

Anthony M. Avery
Anthony M. Avery answered on May 14, 2020

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.

1 Answer | Asked in Real Estate Law and Divorce for Texas on
Q: If a couple in the state of Texas have a house and 1 of them decide to keep the house.

85,000 is owed on the house. The house was appraised at $240,000 how is it split?

Chad Zubi
Chad Zubi answered on May 14, 2020

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 »

1 Answer | Asked in Real Estate Law, Adoption, Banking and Elder Law for Texas on
Q: If a judge comes to a judgment but my attorney did not notify me about court and went in to court and the judge ruled wi

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 »

Terry Lynn Garrett
Terry Lynn Garrett answered on May 11, 2020

The State Bar of Texas has a client dispute resolution process. You may want to avail yourself of it.

1 Answer | Asked in Estate Planning and Real Estate Law for Texas on
Q: Been living with my friend as a houseguest for over a year and he just gave me a 3 day eviction notice. Can I prolong?

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

Terry Lynn Garrett
Terry Lynn Garrett answered on May 9, 2020

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.

1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: will defaulting on a timeshare contract place retirement and life insurance annuity in danger of attachment
Michael Hales
Michael Hales answered on May 7, 2020

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?

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Texas on
Q: A relative recently died intestate in Minnesota (did not leave a will). He did not have a spouse nor children.

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.


Terry Lynn Garrett
Terry Lynn Garrett answered on May 5, 2020

The estate must be probated in Minnesota. What is the most cost effective way to do this depends on what he left.

1 Answer | Asked in Foreclosure, Real Estate Law and Public Benefits for Texas on
Q: How do I get percentage commission without getting a realtor for the sale of a friend's home that I sold .

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 »

Gregory Byrnes
Gregory Byrnes answered on Apr 29, 2020

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:

1 Answer | Asked in Family Law and Real Estate Law for Texas on
Q: How can I buy a home and have it solely in my name?

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 »

Sharita Blacknall
Sharita Blacknall answered on Apr 28, 2020

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.

2 Answers | Asked in Estate Planning and Real Estate Law for Texas on
Q: My grandmother wants to gift me her house but in her written will, it goes 50/50 to my dad and uncle.

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?

Nina Whitehurst
Nina Whitehurst answered on Apr 21, 2020

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 »

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1 Answer | Asked in Bankruptcy and Real Estate Law for Texas on
Q: can i put my name on home title, after husband passed and we filed bankruptcy on it?

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 »

Timothy Denison
Timothy Denison answered on Apr 20, 2020

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.

1 Answer | Asked in Real Estate Law for Texas on
Q: My mom passed and owned a house who will the house go to
Anthony M. Avery
Anthony M. Avery answered on Apr 15, 2020

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 »

3 Answers | Asked in Contracts and Real Estate Law for Texas on
Q: Mortgage Company allowed me to do a short sale. Who keeps excess proceeds from the short sale lender or borrower?

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.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 14, 2020

A "short sale" by definition (usually) does not produce any "excess proceeds" after the sale.

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1 Answer | Asked in Civil Litigation, Intellectual Property, Real Estate Law and Probate for Texas on
Q: Need to transfer ownership of home from mother in law to my husband. We need to start paying arrears in property taxes

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 »

Terry Lynn Garrett
Terry Lynn Garrett answered on Apr 10, 2020

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 »

1 Answer | Asked in Personal Injury and Real Estate Law for Texas on
Q: Can the manager at a mobile home park legally carry on your house and put it in the dumpster was no warn notice at all

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

Tim Akpinar
Tim Akpinar answered on Apr 3, 2020

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 »

1 Answer | Asked in Estate Planning and Real Estate Law for Texas on
Q: my sister passed on Friday March 27, 2020. She was living a home that her husband left her in a trust?

How do I get her thing out if her caretake is still in her home?

Terry Lynn Garrett
Terry Lynn Garrett answered on Apr 2, 2020

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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