Texas Real Estate Law Questions & Answers
Q: My mother passed away as a citizen of Puerto Rico without a will. Both her and my father are in the deed to the house.
Terry Lynn Garrett's answer
As residents of Puerto Rico, your parents are also U.S. citizens. In most U.S. jurisdictions the home is likely to pass to the surviving spouse. Your father should consult a probate attorney in Puerto Rico.
As residents of Puerto Rico, your parents are also U.S. citizens. In most U.S. jurisdictions the home is likely to pass to the surviving spouse. Your father should consult a probate attorney in Puerto Rico.
Q: My dad wants 2 sell me his home below FMV, & continue 2 live with us. Tax implications? Any better options?
2 Answers
| Asked
in
Estate Planning, Tax Law and Real Estate Law
for
Texas
on
Answered on Mar 2, 2019
Answered on Mar 2, 2019
Terry Lynn Garrett's answer
It might be better for him to transfer it to you effective on his death using a transfer on death or a Lady Bird Deed. If he makes any transfer of $200 or more for less than fair market value in the five years before he enters a nursing home (or hospital followed by a nursing home) and then, like 90+% of Texans, applies for Medicaid, Medicaid will treat him as still having the difference between the fair market value and the transfer/sale price. He won't qualify until he has been in the...
It might be better for him to transfer it to you effective on his death using a transfer on death or a Lady Bird Deed. If he makes any transfer of $200 or more for less than fair market value in the five years before he enters a nursing home (or hospital followed by a nursing home) and then, like 90+% of Texans, applies for Medicaid, Medicaid will treat him as still having the difference between the fair market value and the transfer/sale price. He won't qualify until he has been in the...
Q: Dad bought house in 1999, married in 2004, Refied house with wife 2016. Does she have part ownership?
Tammy Lyn Wincott's answer
Since this was asked in Texas Real Estate Law, I will answer according to that. Most likely, the wife obtained a 1/2 interest in the property at the time it was refinanced; however, your dad's will (once admitted to probate) will transfer his 1/2 to the named beneficiaries.
Since this was asked in Texas Real Estate Law, I will answer according to that. Most likely, the wife obtained a 1/2 interest in the property at the time it was refinanced; however, your dad's will (once admitted to probate) will transfer his 1/2 to the named beneficiaries.
Q: How do I remove a eviction off of my credit? When I try to rent a decent place I can't due to credit& rental history?
1 Answer
| Asked
in
Real Estate Law, Domestic Violence and Small Claims
for
Texas
on
Answered on Feb 18, 2019
Answered on Feb 18, 2019
Kiele Linroth Pace's answer
Chapter 92 of the Texas Property Code describes the proper way to break a lease in a domestic violence situation. If you didn't take that path, you might find release through Rule 76a of the Texas Rules of Civil Procedure but it will be an uphill struggle because the presumption is that court records should be public.
Chapter 92 of the Texas Property Code describes the proper way to break a lease in a domestic violence situation. If you didn't take that path, you might find release through Rule 76a of the Texas Rules of Civil Procedure but it will be an uphill struggle because the presumption is that court records should be public.
Q: I was given a warranty deed but I'm confused if it is only for the real estate or is personal property included?
1 Answer
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in
Real Estate Law, Arbitration / Mediation Law and Business Law
for
Texas
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Answered on Feb 12, 2019
Answered on Feb 12, 2019
Thomas A. Grossman's answer
A warranty deed should cover the real property and any fixtures that are affixed to the property. Since I don't know who "the family" is, or how they relate to you, I cannot give you much of an answer. Also, you are asking me to address Texas law, which I am sure is different than California law. I would find a Probate lawyer and they will tell you much more than I can. Good Luck.
A warranty deed should cover the real property and any fixtures that are affixed to the property. Since I don't know who "the family" is, or how they relate to you, I cannot give you much of an answer. Also, you are asking me to address Texas law, which I am sure is different than California law. I would find a Probate lawyer and they will tell you much more than I can. Good Luck.
Q: My father committed suicide in 2006 & left No will how can we get my moms name on the deed or sell it?
Terry Lynn Garrett's answer
If your father's only children are also your mother's children, ask two people who can witness to this sign an Affidavit of Heirship before a notary public and record it in the county deed records.
If your father's only children are also your mother's children, ask two people who can witness to this sign an Affidavit of Heirship before a notary public and record it in the county deed records.
Q: My question is What can I can I do to change my mother and fathers house in to my name?
Tammy Lyn Wincott's answer
I'm not clear if your mother and father are still alive. If they are alive then they may want to execute a type of deed that would give you interest in the property. If they are not alive, then their wills must be admitted to a probate court. If there are no wills then there are other laws that determine who has the rights to their property.
You should consult with a probate attorney in your area.
I'm not clear if your mother and father are still alive. If they are alive then they may want to execute a type of deed that would give you interest in the property. If they are not alive, then their wills must be admitted to a probate court. If there are no wills then there are other laws that determine who has the rights to their property.
You should consult with a probate attorney in your area.
Q: My mother passed away 12/29/2016, my sister is the executor of her will. She refuses to finalize the estate.
Ben F Meek III's answer
Talk to a lawyer. Forcing the executrix to close the estate and distribute it does not constitute a challenge to the Will but is simply asking that it be enforced, which does not run afowl of the 'no challenge' clause. If you are a beneficiary in the will, you can also petition the court to Partition the property, which forces either a sale or buyout of your interest. If there is no partition, the beneficiaries under the will will become co-owners of the property. At that point, if you want...
Talk to a lawyer. Forcing the executrix to close the estate and distribute it does not constitute a challenge to the Will but is simply asking that it be enforced, which does not run afowl of the 'no challenge' clause. If you are a beneficiary in the will, you can also petition the court to Partition the property, which forces either a sale or buyout of your interest. If there is no partition, the beneficiaries under the will will become co-owners of the property. At that point, if you want...
Q: In a will property and house were given to me. Aunt is keeping me from getting it. What can I do?
1 Answer
| Asked
in
Civil Rights, Real Estate Law and Small Claims
for
Texas
on
Answered on Jan 23, 2019
Answered on Jan 23, 2019
Tammy Lyn Wincott's answer
In Texas a will must be filed and accepted by the Probate Court Judge before anyone can act as an executor or take property. You may call the probate court for the county the property is located in and see if anything has been filed at all. You may be able to file something and request your Aunt come before the Court to show cause as to why she hasn't disbursed the estate. If she is an unfit Executor, you may be able to have her removed.
In Texas a will must be filed and accepted by the Probate Court Judge before anyone can act as an executor or take property. You may call the probate court for the county the property is located in and see if anything has been filed at all. You may be able to file something and request your Aunt come before the Court to show cause as to why she hasn't disbursed the estate. If she is an unfit Executor, you may be able to have her removed.
Q: can a family member give a Notice To Quit when I don't pay rent.
1 Answer
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in
Estate Planning, Real Estate Law and Landlord - Tenant
for
Texas
on
Answered on Jan 23, 2019
Answered on Jan 23, 2019
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: How strong of a case do I have when charging for criminal trespass and property damage(possibly criminal mischief)?
1 Answer
| Asked
in
Criminal Law, Real Estate Law and Civil Litigation
for
Texas
on
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
| Asked
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
| Asked
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
| Asked
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.
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