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I recently sold a piece of land, and the survey has just been completed. The buyer has not yet made any payment, and I did not use an attorney or a title company. I need assistance in obtaining and recording the warranty deeds, preferably by the end of the month. How should I proceed with this... View More 
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answered on Mar 25, 2025
You have not sold land yet. Without a deed conveyance and getting paid, you have done nothing but possibly get into legal trouble, and definitely will cause problems for all concerned. Hire a TX attorney to search the title, draft appropriate deeds which incorporate legal descriptions from the... View More
I recently sold a piece of land, and the survey has just been completed. The buyer has not yet made any payment, and I did not use an attorney or a title company. I need assistance in obtaining and recording the warranty deeds, preferably by the end of the month. How should I proceed with this... View More
answered on Mar 25, 2025
You don't.
If you were very experienced and knowledgeable about deeds and conveyances of real property, you could probably draft a simple deed yourself.
The fact that you are asking this question, however, indicates that you are not experienced and knowledgeable on this... View More
I'm in the process of selling a property after a divorce. The divorce decree clearly states that I have no debt, yet there is a HELOC loan taken jointly by my ex-spouse and me. Am I responsible for the HELOC loan repayment during the sale of the property considering the terms of the divorce decree?
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answered on Mar 21, 2025
Under Texas law, your divorce decree may state that you are not responsible for any debts, but lenders are not bound by divorce decrees—they are only bound by the original loan agreement. If you signed the HELOC (Home Equity Line of Credit) jointly, the lender can still hold you personally... View More
I am trying to determine the next in line for inheritance for an estate in Texas without a will. The deceased had no children and was never married. Both parents and grandparents have passed away. I am a first cousin. If one cousin is deceased and their spouse is also deceased, would their children... View More
answered on Mar 20, 2025
Take your family tree starting with the decedent's grandparents and including all of the grandparents' deceased descendants to a probate lawyer in or near the county where you live.
With the decedent being single and childless, and both parents having died first, the... View More
My stepfather is trying to evict me since my mom's passing on March 10, 2025. There was no will in place. I have been paying the HOA fees, repairs, and upgrades for the past 9 years. The house was jointly owned by my mother and stepfather. My relationship with my sister and niece is great, and... View More
answered on Mar 18, 2025
There is a lot going on with your question. The basics are that if your mom and step-father have been living in the house together for over a year, and he has no other house to live in, you can not kick him out. He can stay there for the rest of his life, if he wanted.
If you have been... View More
I am considering filing a Bill of Review lawsuit due to a wrongful sale of my family's property in Texas. One of three lots was sold in 2024 by the appraisal district without providing any notice of sale, which is required by law. We were caught up on all taxes up to 2020 after receiving a... View More
answered on Mar 18, 2025
A bill of review may or may not be the correct procedure depending upon the facts. These case can become quite complex. You need to consult an experienced attorney with specific bill of review experience in or near the county where the property was located. I do have such experience and practice... View More
I want to change a land deed into my name; it is currently in my great-grandfather's name, who passed away over 50 years ago. The deed lists the name as "Roberts G S L Roberts," which seems to be a garbled mix of family names. My great-grandfather was George Roberts, his son was... View More
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answered on Mar 14, 2025
You will need a competent TX attorney to search the title, determine heirship, draft an Affidavit of Heirship and hopefully a Deed from other tenants in common over to you. Check the taxes, as they have to be paid or you lose the land. Determining Heirship may need many witnesses, death... View More
I have paid off my mortgage, and my wife's name is not currently on the title of our property. I am considering adding her name now, as I want her to have full ownership of the property if I pass away. What steps do I need to take to ensure her name is added and she has full ownership?
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answered on Mar 13, 2025
If you add your wife (which you can do via a Gift Deed, or Warranty Deed), she will be the full owner at that point in time. If she dies before you, you will have to go through probate and hope the law in your jurisdiction will give it back to you.
Other options: Transfer on Death (most... View More
I have paid off my mortgage, and my wife's name is not currently on the title of our property. I am considering adding her name now, as I want her to have full ownership of the property if I pass away. What steps do I need to take to ensure her name is added and she has full ownership?
answered on Mar 13, 2025
Some more facts are necessary to fully answer. Since Texas is a community property state, if the home was purchased during marriage, she already owns her community property portion. From an estate planning perspective, a Transfer on Death Deed would work such that at death, she would own the home... View More
I found personal documents, including a family will, social security numbers, and court documents, belonging to a deceased person while working in an attic during a demolition and construction project. I'm seeking legal advice on how to handle these documents properly. What should I do next?
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answered on Mar 13, 2025
Since you've found sensitive personal documents belonging to a deceased person, including a will, social security numbers, and court records, you should handle them carefully to avoid legal or ethical issues. Here are the recommended steps (not legal advice):
1. Do Not Destroy or... View More
I recently remarried, and I want to update the deed to my property to reflect my new last name and add my new husband's name. My previous husband is no longer present, and there are legal challenges in obtaining a death certificate. How can I proceed with changing the name on the deed under... View More
answered on Mar 10, 2025
If the property is your separate property (i.e. it was not acquired by you during your previous marriage) and the deed is currently in your sole name (i.e. your previous husband's name is not on the deed), you can sign a new deed in yourold name as it appears on the deed to yourself in your... View More
I recently remarried, and I want to update the deed to my property to reflect my new last name and add my new husband's name. My previous husband is no longer present, and there are legal challenges in obtaining a death certificate. How can I proceed with changing the name on the deed under... View More
answered on Mar 10, 2025
If the property is your separate property (i.e. it was not acquired by you during your previous marriage) and the deed is currently in your sole name (i.e. your previous husband's name is not on the deed), you can sign a new deed in your to yourself in your new name before a notary public.... View More
My son signed a rent-to-own lease for a trailer home that's in poor condition. The stairs are falling apart, the tub doesn't drain properly, and the gas stove can't be used because the trailer only has electricity. The lease is for 70 months. I'm visiting this Friday to review... View More
answered on Mar 10, 2025
First and foremost, review the rent-to-own lease itself. It should indicate who is responsible for maintenance and repairs and whether the tenant must first obtain written approval from the landlord. It should also indicate any cancellation procedure including any required notices.
I would like to represent my mother, who is currently incarcerated, during a partition suit in Texas. I am not an attorney, but my mother wishes for me to ensure she is treated fairly in the division of proceeds. She intends to give me power of attorney for this matter. I have spoken to the... View More
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answered on Mar 8, 2025
Sometimes a POA is sufficient to represent an incarcerated person. In this case though it seems as if a Receiver has already be appointed by the court in the partition suit. I would go ahead and execute the POA and also file a letter into the partition suit asking for all notices as in interested... View More
My grandmother passed away and left me her home in her will, which directly states the house is mine, and there is no debt to the property. The will did not require probate. I am handling the transfer myself without any legal assistance. What steps do I need to take to transfer ownership of the... View More
answered on Mar 8, 2025
Wills do not have any legal effect until probated (validated by law). For 99% of cases, this seems absurd! However, laws are made for the 1% bad eggs--not the 99% good eggs. There are lots of fake, fraudulent "wills" out there, so the law requires probate to prevent those fake... View More
My husband recently died without a will, and I'm in the process of selling our home, which was jointly owned by us. My husband maintained contact with his biological daughter after her adoption by her stepfather, but he did not provide any support after the adoption. There are no other... View More
answered on Mar 5, 2025
First, it depends on the language in the deed. If you held the property as joint tenants with right of survivorship, you own 100% of the property without the need for probate. If you held the property as tenants in common, the laws of intestacy take over, and the biological daughter's adoption... View More
My husband recently died without a will, and I'm in the process of selling our home, which was jointly owned by us. My husband maintained contact with his biological daughter after her adoption by her stepfather, but he did not provide any support after the adoption. There are no other... View More
answered on Mar 5, 2025
To answer this question specifically, we'd have to know more. Specifically:
1) The deed to the house matters. If we could see that, we'd know if your husband's estate is even involved. In other words, if you're listed as "joint tenant with rights of... View More
My husband recently died without a will, and I'm in the process of selling our home, which was jointly owned by us. My husband maintained contact with his biological daughter after her adoption by her stepfather, but he did not provide any support after the adoption. There are no other... View More
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answered on Mar 5, 2025
It depends. If your spouse left the house to only you in a will, no one other than you has a right to the house.
However if he left it in shares to multiple people under the will (including the child that he gave up for adoption), multiple people would have a right to it, including the... View More
I believe the City of Shamrock is using unlawful tactics to obtain my two properties through city liens. Initially, they trespassed on my properties to inspect building conditions. After confronting them about this illegal trespassing, they returned with an Administrative Search Warrant for one... View More
answered on Mar 4, 2025
You need to get a lawyer in between your property and the city.
In any event, you can always ask for an extension of time in all of the proceedings that involve your property.
Using a search warrant for two locations sounds illegal. If you have a copy, I would like to see it.... View More
In 2019 we had a property that we were selling in Houston Texas in which we went under contract. The buyer decided to terminate a day before closing and which we were both in dispute of the earnest money. We had gone under mediation with no outcome determined the earnest money sat with title until... View More
answered on Mar 3, 2025
Sorry to hear about your issues.
would like to see your buy/sell agreement, so I can know what was written about Earnest Money. Usually the seller alone gets to keep the Earnest Money, when the buyer backs out.
If the contract says you should have received it, the Title company... View More
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