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Would like to have put in my mom's name how would we go about doing that?
answered on May 10, 2024
Land and anything permanently attached to the land is transferred by deed. However, if there is a mortgage on the property, transferring it will be a violation of the terms of the loan (Deed of Trust), so mom may have to refinance to get the property transferred. In addition, Mom may incur income... View More 
I have 2nd floor condo with a porch, I’m recently working with a contractor to remodel my bathroom with the HOAs knowledge. The work started on Saturday and the contractor left trash bags on my porch, they don’t work Sunday so they remove it Monday morning. I got an email from my HOA Monday... View More
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answered on May 8, 2024
If you bought a condominium then your ownership is subject to all kinds of rules. You should have at least read them before purchase. HOA issue fines and liens all the time, and rarely do you have an opportunity for a hearing. Nonpayment will result in foreclosure. You can hire a lawyer and... View More
We separated and while so, I purchased a house. She moved back in after losing her job and now we are divorcing. She has been quit adamant that she wants nothing to do with the house in any way. Should I still get a quit claim?
answered on May 6, 2024
Typically, as part of your divorce settlement, you would want a Special Warranty Deed to ensure that your wife's surrender of her community property interest is properly recorded in the Deed Records. A quit claim deed is usually used when someone does not have a clear interest in a parcel of... View More
We separated and while so, I purchased a house. She moved back in after losing her job and now we are divorcing. She has been quit adamant that she wants nothing to do with the house in any way. Should I still get a quit claim?
answered on May 3, 2024
During a divorce, it's generally advisable to address any property interests, including the house, to ensure clarity and protect your interests going forward. Even if your spouse has expressed that she wants nothing to do with the house, obtaining a quitclaim deed can help to formalize her... View More
My brother had my aunt Susan sign over 100% of my mothers land to just my brother without my knowledge. He just passed away and his son is his only heir and is selling the land without a probate, using an affidavit of heirship. I was told once that they couldn't do that, they had to give me my... View More
answered on May 2, 2024
If Aunt Susan was named as the attorney-in-fact for your mother in a POA signed by your mother and that POA gave Aunt Susan the power to dispose of real estate owned by your mother and Aunt Susan conveyed that real estate to your brother before your mother died, it would be a valid conveyance.... View More
They are willing to sign quit claim or whatever necessary. Is there a work around to this or is it possible? We have separate accounts. I want to buy the home and apply for grants/assistance without his income, debt, or any involvement. He wants to claim to the home.
answered on Apr 29, 2024
Your husband's willingness to sign a quit claim deed is not the ideal solution. Instead, you and your husband should enter into a partition and exchange agreement confirming that the home you are purchasing is and will remain your sole and separate property and waiving all rights to... View More
My husband and I bought a house in 2022, we bought it while in a different state so we never saw it in person. They needed to fix the foundation before the sale could go through and when they did it caused a lot of damage to the house, plumbing was detached and ruined, the chimney detached and... View More
answered on Apr 26, 2024
Assuming your Lender is not the same person or entity as the Seller, your best strategy to avoid harming your credit is to sell the house "as-is" to an investor and pay off the mortgage. Given the problems you describe, you will likely lose much of your equity and may even have to pony... View More
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answered on Apr 24, 2024
It depends on what the order says. A Temporary Administrator is a very limited appointment, the order that appoints them will say exactly what they can do. If it is not listed they can not do it.
If you have questions as to what the order means, or you believe that the order was given... View More
What tax if any am I obligated to pay to USA? I am a US citizen.
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answered on Apr 15, 2024
As a U.S. citizen, you are generally required to report and pay taxes on your worldwide income, including any capital gains from the sale of foreign property. However, the exact tax implications will depend on several factors:
1. Capital gains tax: If you sell the property for more than its... View More
I have NO Knowledge of these two loans he filed against me none whatsoever the only way I found these is that he's going through a personal divorce with his wife and I Looked up my mom's house and I found these two file numbers with my name on 'em again against me from him using my... View More
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answered on Apr 15, 2024
Initially you need to hire a TX attorney to search that title. Just looking on the internet is only a start. If you are going to file suit to set aside fraudulent encumbrances, then you will need to know the title and the liens verbatim. If actual forged instruments were recorded, then a... View More
His Mother owned the property over 7 years ago. She signed the land and house over to him before we moved onto the property. We moved our mobile home onto the land and built onto it. It is not movable any more. This is our homestead. We have lived here with the land in my husband's name, our... View More
answered on Apr 11, 2024
Yes, they can do that. Because his mother signed it over to your husband as a gift, the land and house became his separate property which is subject to his sole management and control. He does not need your permission to gift his separate property back to his mother.
You can, of course,... View More
Texas; Want to pay taxes before county seizes the property. Heir who is refusing to pay is squatting in the house. (There’s a court order for back rent, etc. that hasn’t been paid either. House has no offers because of disrepair/won’t appraise.
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answered on Apr 11, 2024
In Texas, if one heir is paying the property taxes on a jointly owned property while another heir is not contributing their share, the paying heir may have legal options to recover the unpaid amounts. Here are a few potential avenues:
1. Partition lawsuit: The paying heir can file a... View More
The spouse is selling the house but title is saying that the deceased’s 2 adult children have to get half the proceeds from the sale since the will wasn’t probated unless they sign off not receive any of the proceeds. He had his body donated to science so the spouse said the probated will... View More
answered on Apr 9, 2024
Unless and until a Will is probated, it is not effective to transfer assets from a deceased person to his/her heirs. It doesn't matter if the Will is a handwritten (in legal terminology, that is called a "holographic" Will) or typewritten/word processed with all the formalities.... View More
answered on Apr 8, 2024
At any time, you can get the Seller to provide to you a deed for real property you have purchased. Typically, a "bill of sale" is not prepared in connection with the sale of real property. The Seller signing the deed and delivering it to you transfers title, but recording the deed in... View More
I am selling a home that is part of my late father's estate. We entered into a listing contract with an agent, however, a short time later one of the siblings decided to keep the home as his portion of the estate. Is it possible to cancel that contract without owing the agent a full comission?
answered on Apr 5, 2024
It depends on the language of your contract. Presumably, since the home is part of your late father's estate, you have been appointed as the personal representative of the estate and entered into the listing agreement in that capacity. If so, depending on the language of the listing... View More
do i have to move fence been told that texas law adverse procession says i do not have move it we mow and matain this 4 foot stretch
answered on Apr 2, 2024
It depends upon the nature of the fence. Under Texas law, there are two kinds of fences: “casual fences” and fences that “designedly enclose” an area. Courts have repeatedly found that maintenance of a casual fence does not create a designed enclosure, nor does it begin the running of the... View More
I found all the paperwork the deed the title and the living will of the previous owners that are deceased we have made improvements to the property and they've had no problem out of us all of a sudden we got ct'd even though all the bills are in our name they told us to move out... View More
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answered on Apr 1, 2024
Based on the information you've provided, it sounds like you are dealing with a complex legal situation involving property rights and occupancy after the homeowners' deaths. While I can provide some general information, it's important to note that laws can vary by jurisdiction, so... View More
My then new born brother was named the executor. 67 years later both parents passed within 37 hours. Our mother was mentally incapacitated. My brother began his role as executor even though he had a long history of drug abuse, had been batteling cancer for 7 years in poor health. The farm was... View More
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answered on Apr 1, 2024
I'm sorry for your loss, In Texas a Will must be submitted for probate within 4 years unless the applicant can show a valid reason as to why it was delayed. Here there was no probate. I would be interested in how the brother divided anything if it involved real property. Though he could write... View More
My daughter will create LLC in Panama to manage her Airbnb property. She has dual citizenship. USA and Panama. I plan to establish LLC to pay her a salary to manage her property until she gets a footing and is earning enough from the properties to be self suffient.
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answered on Mar 30, 2024
There are a few options to consider for investing in your daughter's Panama LLC while minimizing your federal tax burden:
1. Gift tax exclusion: You can gift up to $18,000 per year (as of 2024) to your daughter without triggering any gift tax. If you're married, you and your... View More
Can you ask the District Court for a writ of possession from a title action in 1938 in Texas due to a person claiming title through a person who from whom the property is recovered and against a person claiming the property through that party to the action that title was recovered from the first... View More
answered on Mar 28, 2024
A quitclaim deed does not transfer title and shouldn't create a cloud on your title. A judgment usually becomes dormant after ten years. You may need to file a quiet title action against the new party claiming an adverse interest to your ownership in the land.
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