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Texas Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Texas on
Q: What document do you need to file when a family member is gifting properties to you? I have the deeds.

Both properties are coming from 2 different family members. Both properties are valued under $15,000.00.

Will the document I need to file on both property be callers a warranty deed?

Will I have to pay taxes or file anything with the IRS? The property taxes are currently paid up to... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Oct 7, 2019

You should spend the money and have a real estate attorney draft the proper deeds for you. If you have tax questions you should consult with your accountant or a tax lawyer.

2 Answers | Asked in Divorce, Family Law and Real Estate Law for Texas on
Q: My husband (we are currently separated (still married), I know Ft Worth, Texas is a community property State.

The tax bills are in his name. He says that I don't own any part of the three lots in Benbrook, Texas because they show him as "owner". I told him that Texas is a community property State. He doesn't believe that I have a part of the ownership.

Jon R. Boyd
Jon R. Boyd answered on Oct 6, 2019

Texas is a community property state, but if you didn’t marry by marriage license, you will have to prove you are common law married.

You may qualify but it is an intensely fact dependent determination. Call me tomorrow at 817-338-4500 if you would like to meet with me me to analyze your...
Read more »

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1 Answer | Asked in Real Estate Law for Texas on
Q: how Can I get a car title/house deed into my name so I can get them insured-owner deceased.

I was put as beneficiary on her things but with her failing health we did not get around to changing title and deed but she gave the title/deed to me.

I have siblings who do not want to pay the insurance on these items but I am willing to pay the insurance and taxes.

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Oct 3, 2019

The answer can vary greatly depending on the circumstances. Was this your mother? Was there anyone else ever on the deed? Will all siblings agree to let you have the real property and the vehicle, etc.? I suggest you contact a probate attorney or real estate attorney to assist with this.... Read more »

1 Answer | Asked in Contracts, Employment Law, Personal Injury and Real Estate Law for Texas on
Q: Hi, I'm researching builders to use. Whats the best way to see if they have any lawsuits within past 5 years?

Just want to see if any individual or entity has sued them for anything and what the nature of the lawsuit is. Is there a database online that I can use?

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Oct 3, 2019

If you're looking in Texas, I suggest checking the county property records and county court records to see if there has been anything. Most of it is public information.

5 Answers | Asked in Estate Planning, Real Estate Law and Probate for Texas on
Q: Does a deed need to be in parent's name in order to be considered an heir to property?

Parent died and spouse still living but the house deed was never put in his name.

Terry Lynn Garrett
Terry Lynn Garrett answered on Oct 3, 2019

Yes. The deed is not just some piece of paper but the official record of who owns the property.

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1 Answer | Asked in Civil Rights, Real Estate Law and Small Claims for Texas on
Q: My father passed . The house belongs to me. His wife, my stepmom refuses to leave.

Can she keep me from entering my home that I and my brother live in. My dad and step mom lived in my home for 7 years until dad passed a week ago. I have given stepmom 30 days to move instead of 3 days. She called police and police said I can't enter my home.

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Sep 19, 2019

You’ll have to formally evict her.

1 Answer | Asked in Real Estate Law for Texas on
Q: My grandmother owned a piece of property that she left to her kids and now they are all gone is there any form that

All 13 of her grandkids can sign stateing that they dont want the land?

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Sep 18, 2019

When you say "left" to her kids, do you mean she did so in a will? Was the will ever probated?

An heir has a right to refuse acceptance of property left to them and the process to do so depends on if there was an administration of the estate, how much time has passed, when she died, etc....
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1 Answer | Asked in Real Estate Law for Texas on
Q: We were deeded a home by a friend before she died, deed in our name. how long does family have to remove contents?

My wife and I were the caregivers for an elderly widow who passed away on June 5th. Our friend signed her home over to us on March 25th utilizing a Texas General Warranty Deed but we didn't file it right away because while she needed assistance she wasn't ill and we didn't anticipate that in a few... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Sep 13, 2019

Until the deed is invalidated, it appears you are the legal owners of the house and have a right to take possession. I suggest taking pictures of all the contents and the house, etc. in the event you may need them later. Keep an inventory of all contents.

3 Answers | Asked in Estate Planning, Real Estate Law, Probate and Landlord - Tenant for Texas on
Q: My father passed away, he wasn't married and didn't leave a will. Are my Aunt's allowed to keep his house keys from us?

My father didn't have a will, and only has 2 children. He wasn't married. My Aunts have taken the keys to his home and wouldn't allow me (his son) inside to search for documents necessary for burial. Is that legal for her do given that I'm the son? I researched intestate succession and believe it's... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Sep 13, 2019

If your father left children, those children, not his siblings, are his heirs. Hire a local probate lawyer to help you file an Application for Determination of Heirship and Issuance of Letters of Administration. Once you are appointed administrator of your father's estate, it will be your duty to... Read more »

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1 Answer | Asked in Real Estate Law, Animal / Dog Law and Landlord - Tenant for Texas on
Q: Am I liable for pet rent?

If I have not acknowledged ownership of my animals to my apartment complex, and have lived there for over a year, but am only now receiving notice of an unpaid amount on my bill, despite having paid what I am obligated, the reason for which is pet rent; am I admitting acknowledgment of having had... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Sep 12, 2019

Read your lease contract. If you knowingly broke the agreement then chances are high you’re responsible.

1 Answer | Asked in Real Estate Law for Texas on
Q: What recourse do I have in Texas... I purchased 2 acres from my father and find out he also sold it to someone else.

I put $7k towards the property out of a total of $18k. I was waiting for the remaining funds to come in and he was aware and was fine with it until his truck broke down and he decided he was buying a cabin in Arkansas. So he hounded me to pay another $7k in a couple of weeks which I was trying... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Sep 9, 2019

It depends on if there was a valid contract for sale and if either sale closed and was recorded in the deed records of the correct county.

1 Answer | Asked in Real Estate Law for Texas on
Q: my wife owns the house soley on deed and mortage and i have not comingled . Seperate checking plus seperat file taxes.

she wants to sell me too but i have irs issues with lien i dont want to sign anything i can but i dont want the irs to take from her what do we do

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Sep 9, 2019

Your question is not clear. I suggest you speak with a tax attorney familiar with community and separate property in Texas.

1 Answer | Asked in Real Estate Law for Texas on
Q: can I sue the appraisal district for lying to me in order to cause me to pay higher property taxes
Tammy Lyn Wincott
Tammy Lyn Wincott answered on Sep 9, 2019

Your question needs a lot more details before anyone can answer it. I suggest a private consultation with an attorney.

1 Answer | Asked in Real Estate Law for Texas on
Q: I lost the original POA for my mom. I have 2 paper copies and a color PDF version. Need for house sale.

Texas resident

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Sep 9, 2019

Please state your question. Copies of a POA are accepted by many; however, not all places will except a copy.

1 Answer | Asked in Real Estate Law for Texas on
Q: Will my credit score be messed up if I was an heir of heir for an estate that was foreclosed on?

I am the heir of my father who was the heir of his mother's estate along with 3 other boys. I was cited paperwork and a default judgement has been set against me? Will this harm my credit in any way? Will my banks or anything be messed with? I am just 27 and when all of this paperwork for the... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Aug 28, 2019

The judgment would most likely be against the estate; not an individual heir unless you had contracted for the debt. It also depends on whether the house was deeded to you or left to you in a will.

1 Answer | Asked in Bankruptcy, Civil Litigation, Contracts and Real Estate Law for Texas on
Q: Ex-boyfriend filing bankruptcy, will it affect me when we have a notarized promissory note?

I am a co-owner of my house (that my parents paid for) with my ex-boyfriend and we are separated because he had an affair. Both of our names are on the deedWe both had an agreement about things after he left the house. We have a co-signed home equity loan of about

Timothy Denison
Timothy Denison answered on Aug 20, 2019

Unless his name is on the deed, he has no claim to the property. He will likely be released from the promissory note on the house, but as long as you make the payment, nothing should happen to you.

1 Answer | Asked in Contracts, Estate Planning and Real Estate Law for Texas on
Q: Does homestead act over-ride the execution of the last will. The nephew never owned the house it belonged to the estate.

great aunt passed and left everything to her to a select few of her nieces and nephews, One of the nephews was very sickly and not expected to live long, he could live in the house until he died then the house would be sold and divided amongst the remaining living. If he ever moved he would sell... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 16, 2019

No, if the decedent had a Last Will the property should pass in accordance with the will.

1 Answer | Asked in Real Estate Law and Civil Rights for Texas on
Q: can I sell my mother house if the house was sign over to me and my sister live there

I want to sell my mother house but my sister live there. I have served her a eviction letter and she still want leave. She said I can’t sell the house but my mother sign the deed to the house over to me

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Aug 16, 2019

Talk to your probate attorney.

1 Answer | Asked in Estate Planning and Real Estate Law for Texas on
Q: My mom passed awAy leaving me 1/2 of her and my stepfathers home. Its Mortgaged. Does he have to pay me to 1/2 the value

Th

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Aug 16, 2019

You're question isn't clear. If she left you her interest in the property then you are a co-owner with your step-father and the property comes with an encumbrance (the mortgage). Anything paid over and above your step-father's interest in the home is subject to a reimbursement claim from him when... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: My parent died and the will was threw away...If I am ONLY child can I show my birth cerf and get this land put in my

name,, I am on ssi an now 65years old

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Aug 13, 2019

Please provide a few more details, i.e. where is the land located, when did the parent die, were they married, etc.

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