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My brother provided a voided power of attorney document to a lien holder of my mother's home deed after she passed In order to obtain the deed. He also provided the probate court fraud bankstatements for our deasesed uncles estate in order not to pay my share as a hier so I have to separate... View More 
answered on Jul 7, 2023
Hire an attorney with experience in probate litigation. A power of attorney from your mother is, of course, void upon her death. As an heir, you have the right to file for probate of your mother's estate, even though she doesn't have a will. You can ask the court to appoint you as a... View More
Tenant admitted to leaving garage door open all night with attic access ladder down. Large animal now trapped in attic. Brand new home. Texas
answered on Jul 6, 2023
It depends upon the pest control responsibility provision contained in the lease.
The real estate broker that sold the house has not responded to my emails or phone calls.
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answered on Jul 3, 2023
Assuming your lien was perfected against the property and is still enforceable, hire an attorney that knows real property litigation to collect on it. Make a demand letter on the present owner which should get him stirred up. Hopefully there was title insurance, to pay you. Realtor has nothing... View More
My ex husband and I split after DV and the house is empty. He refuses to pay for it or sell it because per divorce I get $50,000. Now the mortgage company is suing me for the house. When I've been begging him to sell it instead of ruining my credit. He continues to refuse. What can I do
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answered on Jul 2, 2023
This question has divorce issues and real estate issues.
The first move is to review the divorce settlement order to see if there is any recourse you can take to sell the property or force a sale. If it is not written or prohibited, you can file a partition or other real estate lawsuit to... View More
I have a neighbor living in a 2-bedroom apartment. The law or their apartment rules states only 4 people are allowed to live there. The neighbor's apartment has 8 people (2 adults, 6 children) living inside that unit. Management confirmed they're aware of the situation but have done... View More
answered on Jun 29, 2023
No. If more than six of the people are adults, you could sue to enjoin it and potentially recover your attorney fees under Section 92.010 of the Texas Property Code. But six of them are children.
A property deed having a 1066-acre tract was partitioned into 5 shares simultaneously, in the form that the partition was created 4 of the shares appear to be landlocked because no specific easements were mentioned. There is a statement in the deed: "To have and to hold the same, with all and... View More
answered on Jun 27, 2023
It does not grant an easement, but if there is an easement that already exists for the 1066-acre tract, that right is being conveyed to the grantee, along with any mineral rights, water rights, air rights, oil rights, development rights, rights-of-way, covenants, zoning rights, sewer rights,... View More
answered on Jun 23, 2023
Either by probating your spouse's will, or by probating your spouse's estate intestate and filing an affidavit of heirship.
I bought a house last year. I had a home and termite inspection. The inspection showed no activity or prior activity of termites. The Seller's disclosure said no prior treatment, no previous termites, and no current activity of termites. In May, I saw dead termites in my house. I had a termite... View More
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answered on Jun 23, 2023
It sounds like you have more of a claim against both your inspectors who each failed to notice the bait stations around the house and the sticker in the electric box. However, even if you have a claim against either inspector, it will likely be limited to the cost of the inspection (which is what... View More
A divorce decree left property to my sibling and I in the event of my fathers death. He passed last year. My sibling, who still lived on the property, passed last week. I found a lady bird deed signed by my dad, to my sibling for the property. Is the lady bird deed legal since there were already... View More
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answered on Jun 21, 2023
If the Deed was recorded before the entry of the Divorce Decree, then it was valid notice of title to the world. Apparently the Deed was not between the divorcing parties, so it was not a conveyance between them, effective without recording. The Deed had to have been delivered also to the grantee,... View More
We are trying to sale land owned by my Mother who passed away in 2007. The Will was probated & my brother is the Independent Executor. The siblings are ok with this decision. The title company said he cant sale the property as an Independent because the Probate was back in 2007. Is this true?
answered on Jun 13, 2023
It would be extremely unusual for a probate case from 2007 to still be open. When a probate case is closed, the independent executor no longer has authority to take any action.
In your situation, it would typically be the heirs who inherited the land from your mother who would be selling... View More
He is an investor, he has renter's in the property. Also, running a business, I would like to hire an attorney that can help me get this resolved.
answered on Jun 9, 2023
You should consult with a real estate litigation attorney in or near the county where the property is located. While a single family dwelling restriction does not prohibit the owner from converting a garage into a living space or renting the property out, it does prevent the owner from converting... View More
The HOA has been called and it's turned into a big project of taking the whole living room wall needs to be redone for both water damage and termites and it has spread to the bathroom and the closet. They refused to put us in a hotel making us out to be bad for calling the HOA when the leak... View More
answered on Jun 7, 2023
It's odd that an HOA is involved with repairs to an apartment. Typically, the management company managing the apartment complex would be responsible for repairs to leaky plumbing and a tenant would contact his/her renter's insurance company to handle any claim associated with water... View More
Father in law was named dependent administrator of my late wife's estate and is also named on deed as tenant in common along with his wife and my late wife also. My name not on deed. Bank would not accept my money for mortgage payment since I was not on deed. Requested father in law to take... View More
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answered on Jun 6, 2023
Your best move was to sue him on your homestead claim or intervene in the Estate proceedings.
You still have some legal options, including a lawsuit against your father in law for his malfeasance and failure to manage the estate assets and save the property from fc or waste.
You... View More
Father in law was named dependent administrator of my late wife's estate and is also named on deed as tenant in common along with his wife and my late wife also. My name not on deed. Bank would not accept my money for mortgage payment since I was not on deed. Requested father in law to take... View More
answered on Jun 6, 2023
As an heir of your wife you should hire an attorney to appear on your behalf in the probate court. Since you attempted to pay the mortgage, and the administrator didn't accept the money, one would assume you have that money available now to pay the past due amount and stave off the... View More
I was divorced a while back and was told I could not get any lien. I am seeing other wise now.
Can I file for an owelty lien on my own?
What do I need in order to file one? Such as a form and or my divorce decree?
If I do one, how long does it take to go into effect?
answered on May 31, 2023
An owelty lien is placed on real property at the time of divorce, not after.
A competent divorce lawyer would always place one if one spouse is awarded ownership of real property but is required to pay the other spouse money for his/her interest in the property.
If your divorce... View More
Am I entitled to heirship if they never filed a survorship
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answered on May 30, 2023
If your question is whether or not, you may have an interest in the property that was owned by your dad, I would have to see the deed from which he received his ownership rights.
Nevertheless, If your dad and his wife lived at the property, while married, she probably has the right to live... View More
I was awarded $45,000 (in our divorce) when the house my ex and I has sold. He is not a nice guy and will not freely give me the money. I can't afford a lawyer either if it goes down this way. I am on the mortgage and he is on the deed. Because I am a co signer the realtor said she won't... View More
answered on May 30, 2023
The title company should withhold the money from the purchase price at the time of sale and send it to you.
You will likely be required to attend the closing and sign documents. If your divorce was handled by a competent attorney, you should an owelty lien securing the $45,000 payment owed... View More
this property has gone thru litigation and being sold for unpaid property taxes. Fort Bend Independent School District v the owner
answered on May 27, 2023
Commission a title company to do a title search to determine if there are any liens on the property.
I have an original contract but it does not address change orders. He sent me a final invoice with a bunch of change orders that he claimed was required by city. Contractor never informed me beforehand.
answered on May 26, 2023
The original contract determines obligations on each signers part. Anything deviating would would require more evidence of text, emails, etc.
We rent from American homes 4 rent (amh now) and have been for 6 years. We have found out there is a class action law suit against them and we have major issues with foundation which started like 4 years ago and they just now are saying it will be “looked into”
answered on May 24, 2023
No. You will need to contact the law firm handling the existing class action and tell them you'd like to "opt-in" to the class action. When they interview you, you may even become one of the named plaintiffs.
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