Texas Real Estate Law Questions & Answers
Q: All I own is a house and property. Can I just deed it over to my heir or is a will needed
Tammy Lyn Wincott's answer
You may be able to do a "Revocable Transfer on Death Deed" and do a will as a backup. You should speak with an estate planning lawyer who can answer your questions in depth.
You may be able to do a "Revocable Transfer on Death Deed" and do a will as a backup. You should speak with an estate planning lawyer who can answer your questions in depth.
Q: What can I do if my family is keeping my trust a secret from me??
1 Answer
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in
Estate Planning, Real Estate Law and Energy, Oil and Gas
for
Texas
on
Answered on Dec 22, 2018
Answered on Dec 22, 2018
Terry Lynn Garrett's answer
In Texas if you are 25 or older and a current beneficiary (not someone who might receive benefits in the future), the trustee must give you an annual accounting. If you know that the trust exists and know who the trustee is and know that you are a current beneficiary and are 25 or older, you can demand an accounting and, if it is not produced, hire an attorney to file a Motion for an Order to Show Cause ordering the trustee to explain to a judge why the annual accounting has not been produced.
In Texas if you are 25 or older and a current beneficiary (not someone who might receive benefits in the future), the trustee must give you an annual accounting. If you know that the trust exists and know who the trustee is and know that you are a current beneficiary and are 25 or older, you can demand an accounting and, if it is not produced, hire an attorney to file a Motion for an Order to Show Cause ordering the trustee to explain to a judge why the annual accounting has not been produced.
Q: How strong of a case do I have when charging for criminal trespass and property damage(possibly criminal mischief)?
1 Answer
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in
Criminal Law, Real Estate Law and Civil Litigation
for
Texas
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Answered on Dec 18, 2018
Answered on Dec 18, 2018
Kiele Linroth Pace's answer
If the police file a criminal case, it won't be YOUR case. It will be State of Texas vs. Unemployed Neighbor and your role is basically that of a witness. The prosecutor has the duty to decide how to handle the case. The prosecutor is required to "consider" your input, but the ultimate decision belongs to the prosecutor.
Under the circumstances you describe, Criminal Trespass is a class B misdemeanor. The seriousness of an offense like Criminal Mischief depends on the cost to repair...
If the police file a criminal case, it won't be YOUR case. It will be State of Texas vs. Unemployed Neighbor and your role is basically that of a witness. The prosecutor has the duty to decide how to handle the case. The prosecutor is required to "consider" your input, but the ultimate decision belongs to the prosecutor.
Under the circumstances you describe, Criminal Trespass is a class B misdemeanor. The seriousness of an offense like Criminal Mischief depends on the cost to repair...
Q: I need to know how to find the standings of a litagation and possibly estate probate case .
1 Answer
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in
Civil Litigation, Estate Planning, Probate and Real Estate Law
for
Texas
on
Answered on Dec 16, 2018
Answered on Dec 16, 2018
Terry Lynn Garrett's answer
Check with the probate court (which may be the county court) where the estate is being probated.
Check with the probate court (which may be the county court) where the estate is being probated.
Q: My mother died without a will in the state of TX , by law what do my siblings and I have the right to inherit?
Terry Lynn Garrett's answer
Hire a local probate attorney to file an Application to Determine Heirship and Issue Letters of Independent Administration. As children of another relationship, you are entitled to your mother's 50% community property share. What else will flow to you depends on what it is. It does not matter which member of the marital property paid for something during the marriage. Be aware, however, that your stepfather has a right to remain in the home for life regardless of who bought it or when.
Hire a local probate attorney to file an Application to Determine Heirship and Issue Letters of Independent Administration. As children of another relationship, you are entitled to your mother's 50% community property share. What else will flow to you depends on what it is. It does not matter which member of the marital property paid for something during the marriage. Be aware, however, that your stepfather has a right to remain in the home for life regardless of who bought it or when.
Q: My parents died. Fa had no will, no will 2 me. Her will probated title com say heirs have 2 sign fa portion 2 me.
1 Answer
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in
Estate Planning, Probate and Real Estate Law
for
Texas
on
Answered on Dec 2, 2018
Answered on Dec 2, 2018
Terry Lynn Garrett's answer
Hire a local probate lawyer to file a suit for partition. If no one can buy everyone else out, the property must be sold. Everyone will then get their share in money.
Hire a local probate lawyer to file a suit for partition. If no one can buy everyone else out, the property must be sold. Everyone will then get their share in money.
Q: My father passed & had 2 side by side lots with houses. The smaller was to go to to my sister but Will has wrong lot #.
1 Answer
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in
Estate Planning, Real Estate Law and Probate
for
Texas
on
Answered on Nov 30, 2018
Answered on Nov 30, 2018
Terry Lynn Garrett's answer
You could ask a probate attorney to seek a declaratory judgment correcting the scrivener's error in the Will.
If everyone is in agreement, you could file correction deeds.
You could ask a probate attorney to seek a declaratory judgment correcting the scrivener's error in the Will.
If everyone is in agreement, you could file correction deeds.
Q: bought land from private owner. Never changed title. Original owner paid taxes for 10 yrs. who owns the land?
Tammy Lyn Wincott's answer
When you say you have the "bill of sale" are you referring to the deed? If so, you may want to record it in the County Deed records. Generally the owner of the property is only recognized by the chain of title which means whomever has the last recorded deed with their name on it.
When you say you have the "bill of sale" are you referring to the deed? If so, you may want to record it in the County Deed records. Generally the owner of the property is only recognized by the chain of title which means whomever has the last recorded deed with their name on it.
Q: Why did the title company ask for the will?
Tammy Lyn Wincott's answer
The will should be on deposit with the County Clerk's where it was probated. Once a will is entered for probate, the original is turned in to the County Clerk and will remain there. Perhaps, she can obtain a copy so as to expedite the process.
The will should be on deposit with the County Clerk's where it was probated. Once a will is entered for probate, the original is turned in to the County Clerk and will remain there. Perhaps, she can obtain a copy so as to expedite the process.
Q: Can I live on land that I am still paying on or do I have to wait until it is fully paid off
Tammy Lyn Wincott's answer
I'm not sure I fully understand this question. A lot would depend upon the arrangements that were made to purchase the land. Similar to a home loan where you live in the house while paying the mortgage, many land sales allow you to live on the property. I suggest you refer to your original documents.
I'm not sure I fully understand this question. A lot would depend upon the arrangements that were made to purchase the land. Similar to a home loan where you live in the house while paying the mortgage, many land sales allow you to live on the property. I suggest you refer to your original documents.
Q: Can an TX apartment complex BAN me from entering the leasing office if I am the lease holder? Threaten to file trespass
2 Answers
| Asked
in
Civil Litigation, Real Estate Law and Criminal Law
for
Texas
on
Answered on Oct 25, 2018
Answered on Oct 25, 2018
Kiele Linroth Pace's answer
Did you lease the office itself or just an apartment within the complex? Either way, it is probably cheaper and easier to simply find a new place to live. It is expensive to get arrested, miss work, post bond, hire an attorney, attend court and miss more work, etc... not worth it over something that is easily resolved without those headaches that would probably last longer than your lease anyway.
Did you lease the office itself or just an apartment within the complex? Either way, it is probably cheaper and easier to simply find a new place to live. It is expensive to get arrested, miss work, post bond, hire an attorney, attend court and miss more work, etc... not worth it over something that is easily resolved without those headaches that would probably last longer than your lease anyway.
Q: Remainderman gifts interest to life teanet. Life teanet dies. Does the estate go back to remainderman.
Tammy Lyn Wincott's answer
This will depend on the language used in the deeds for the life estate and gift deed.
This will depend on the language used in the deeds for the life estate and gift deed.
Q: How much to prepare a deed to remove wife who passed away from property? Current deed does not state community property
Tammy Lyn Wincott's answer
If the property was purchased during the marriage, it is community property and it is not necessary to list the spouse's name. The way in which title is cleared depends on whether the wife died with a will, whether she had children born outside of this marriage, whether the property was homestead, etc. I suggest you consult with someone privately who can review the specific facts and provide advice from there; this forum is for general answers.
If the property was purchased during the marriage, it is community property and it is not necessary to list the spouse's name. The way in which title is cleared depends on whether the wife died with a will, whether she had children born outside of this marriage, whether the property was homestead, etc. I suggest you consult with someone privately who can review the specific facts and provide advice from there; this forum is for general answers.
Q: We are being sued for delinquent taxes but the property is not in our name. Help!
Tammy Lyn Wincott's answer
You can speak with the attorney who is suing and find out some options. At a minimum I would suggest filing an "Affidavit of Heirship" in the County where the property is located. This takes two people who have known the family for a long time, know relatives and circumstances; however, it cannot be anyone who could inherit, i.e. a spouse of a relative does not qualify.
You might file a disclaimer to real property as well.
You can speak with the attorney who is suing and find out some options. At a minimum I would suggest filing an "Affidavit of Heirship" in the County where the property is located. This takes two people who have known the family for a long time, know relatives and circumstances; however, it cannot be anyone who could inherit, i.e. a spouse of a relative does not qualify.
You might file a disclaimer to real property as well.
Q: Will a 2 month required move out notice still be required on a now month to month lease?
Tammy Lyn Wincott's answer
If a new lease was never signed (even month to month), you will be required to give the notice from your original lease. There may be extenuating circumstances that allow for shorter notice; however, there aren't many.
If a new lease was never signed (even month to month), you will be required to give the notice from your original lease. There may be extenuating circumstances that allow for shorter notice; however, there aren't many.
Q: How do I set up a partnership in Colorado? The partnership will be for the purpose of purchasing some real estate.
1 Answer
| Asked
in
Contracts, Land Use & Zoning and Real Estate Law
for
Texas
on
Answered on Oct 12, 2018
Answered on Oct 12, 2018
Tammy Lyn Wincott's answer
If you're setting it up in Colorado, I suggest you post the question under Colorado.
If you're setting it up in Colorado, I suggest you post the question under Colorado.
Q: How do you get property deed placed in your name when there was no will
1 Answer
| Asked
in
Real Estate Law, Estate Planning and Probate
for
Texas
on
Answered on Oct 12, 2018
Answered on Oct 12, 2018
Tammy Lyn Wincott's answer
You cannot actually get it in your name "literally" as there is no way to deed it to you; however, there are things you can do, such as, file an Affidavit of Heirship in the County Clerk's real property deeds, pursue heirship determination in probate court, small estate affidavit in probate court (providing you meet the criteria), etc.
It's best to consult with a probate attorney before attempting to do any of this on your own.
You cannot actually get it in your name "literally" as there is no way to deed it to you; however, there are things you can do, such as, file an Affidavit of Heirship in the County Clerk's real property deeds, pursue heirship determination in probate court, small estate affidavit in probate court (providing you meet the criteria), etc.
It's best to consult with a probate attorney before attempting to do any of this on your own.
Q: I am on the deed of a house in odessa texas with my EX husband. It was purchased before our divorce was final.
Tammy Lyn Wincott's answer
The answer to that really depends on what your divorce decree states on property division and which State is correct jurisdiction.
The answer to that really depends on what your divorce decree states on property division and which State is correct jurisdiction.
Q: I live in Texas, my GF and I just broke up and I need to get her name off the deed to my house.
Tammy Lyn Wincott's answer
If you and your girlfriend bought the house together then you are both owners and each cannot just remove the other's name.
If you and your girlfriend bought the house together then you are both owners and each cannot just remove the other's name.
Q: How do I get the property title transferred after the will and muniment of title order have been officially recorded?
Tammy Lyn Wincott's answer
All you have to do is record the Muniment of Title in the County Clerk's property deed records; that will serve as notice that you are owner. You won't actually get a "new" deed in your name.
All you have to do is record the Muniment of Title in the County Clerk's property deed records; that will serve as notice that you are owner. You won't actually get a "new" deed in your name.
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