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Texas Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Texas on
Q: How do I get my money from friend who passed on home we purchased and repaired . I paid for repairs .

Purchased a home with friend now deceased . I completed the home with repairs now the estate (her sister) does not want to give me the $ I spent for the repairs to put the home to for sale . I have all my invoices She ran out of money before she passed and I completed the renovation with my... Read more »

Anthony M. Avery
Anthony M. Avery answered on Aug 7, 2020

You probably need a competent attorney to file a Petition for a Sale For Partition.

1 Answer | Asked in Contracts, Land Use & Zoning and Real Estate Law for Texas on
Q: My boyfriend lived with me for a month during my lease of 1 year. Can i get in trouble with this after my lease is up?

He was not on the lease and lease ended a week ago. However, I have a roommate who threatened to tell the landlord about this. Because the lease is now over, could I actually get in trouble for this?

Matthew Scott Williams
Matthew Scott Williams answered on Aug 7, 2020

Most likely - No, you aren't in trouble. However, some lease agreement state that a guest can only stay for a specific amount of time before they must be added to the lease. Check the lease agreement to be sure.

I would do what I could to prevent the roommate from "telling"...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Q: Can I build residential property on land near railroad tracks in Texas?

I was looking to buy a land property in texas but was told I could not build residential estate because said property was near railroad tracks. I cant seem to find any information in regards to this law and I would like more information.

Thank you.

Matthew Scott Williams
Matthew Scott Williams answered on Aug 7, 2020

While it's true that you cannot build a residential dwelling on land not catagorized or "zoned" for residential development, you can petition the municipal / city permitting authority for re-categorization / re-zoning.

Our firm has helped several clients in the Houston area...
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1 Answer | Asked in Real Estate Law and Energy, Oil and Gas for Texas on
Q: My Father was contacted by East Texas land and Cattle out of Texas about a month ago regarding suspense account money..

Suspense account is for unclaimed oil money/mineral rights is in a deceased aunts name, dead since 1988. He said that my Dad and his siblings are heirs and he just sent my dad a consulting agreement that says Dad will pay this company 10% of the gross money recovered. There is a section called... Read more »

Aimee Hess
Aimee Hess answered on Aug 7, 2020

You do not give the name of the company, but you are right to be wary of these come-ons. All the companies making these offers that I have run into are scams. You don't need to pay anyone to locate your aunt's mineral interests and get paid. First, go to the Texas Comptroller Website and... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: Title company says relative may have interest in a house I am selling (Texas) Name, age, or address unknown.Remedy?

Offspring of cousin who died over 35 years ago but may have had child with unknown person he was not married to. No one in the family has any more information but will not sign an affidavit of heirship because they do not want to sign legal statement when details are unknown. Title company will not... Read more »

Anthony M. Avery
Anthony M. Avery answered on Aug 4, 2020

If you cannot prove your source of title now as the sole owner, then get out of the contract you are in and sell the property to someone else. There is no such thing as a perfect Title. A Quiet Title Action will probably not help you. An Affidavit of Heirship should be sufficient, but you... Read more »

2 Answers | Asked in Real Estate Law, Probate and Estate Planning for Texas on
Q: My grandparents are both deceased. They owned a home. They had 5 children. All but 2 are deceased. The 3 who are decease

Have surviving children. Do the 2 surviving children have to include the children of their deceased siblings in signing loans to repair the home or selling the home.

Ross F. Tew
Ross F. Tew answered on Jul 23, 2020

Yes.

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1 Answer | Asked in Real Estate Law for Texas on
Q: What If I signed a real estate contract in Texas for a house on 10 acres and marked as is now the insurance man says h

Cannot insure it but bank requires insurance

Anthony M. Avery
Anthony M. Avery answered on Jul 22, 2020

Assuming you are the purchaser, you will probably have to buy somewhere else if you must finance it. You might find another insurance company though. Hopefully your contract requires the property to be insurable, but probably not. However there is no way you can consummate the purchase as is,... Read more »

2 Answers | Asked in Construction Law, Real Estate Law, Small Claims and Energy, Oil and Gas for Texas on
Q: I received a $1000 water bill for 2 weeks only at my vacant house

Hello, I received a $1000 water bill for 2 weeks only at my vacant house. I did not use any water because I locked the exterior water faucets and interior water shut off valves. When a city private contractor installed a smart point on the water meter, the software went wrong. Then the data... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 21, 2020

A Texas attorney could advise best, but your post remains open for two weeks. From your question, it sounds like you're under the impression this is a law firm, because you ask for representation. This is only a question and answer board. Before pouring money into exploring the possibility of... Read more »

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1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: I would like someone to look at my management agreement and lease agreement, I hired a Realestate co to manage my renta

My management agreement ends July 23rd. The lease my tenant signed ends in January 2021. The property management company will not terminate our contract until the tenant vacates the property. Until that time they want the $100 management fee.

Tim Akpinar
Tim Akpinar answered on Jul 18, 2020

A Texas attorney could advise best, but your question remains open for three weeks. For something like this, you will need to reach out to Texas attorneys directly. The format of this Q & A board isn't really suited to posting agreements or other documents for attorneys to review -... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: In the state of Texas, can a homeowner be financially liable to pay for lawsuits brought against their HOA?

The HOA board is telling/threatening homeowners and telling them that if a lawsuit is brought against the HOA, we could all be forced to pay for any lawsuit.

Matthew Scott Williams
Matthew Scott Williams answered on Jul 17, 2020

Generally, HOA's have the ability to levy "special assessments" to cover unexpected expenses. However, look into the Covenants, Conditions and Restrictions that govern.

2 Answers | Asked in Estate Planning and Real Estate Law for Texas on
Q: I recorded a TOD deed on my dad's home with the county clerk in Texas a few years ago.

I left out two pages that were blank regarding beneficiary selection that did not apply (option A & B). I did complete section C, but did not mark the box indicating my choice. Based on the above info, is this TOD deed still valid, or will it be deemed invalid at the time of my father's... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jul 14, 2020

It is invalid because it should have been filled out and signed by your dad.

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1 Answer | Asked in Estate Planning, Real Estate Law and Elder Law for Texas on
Q: I need advise on transferring a home deed into my name.

The deed is in my dad name with moms being second. Dad passed in 1980. Mom is 83 and had lived in the home since his passing but never dropped his name from the deed. Dad left no will. Mom has a will with me as POA. How and what do I need to do to get this deed tranfered into my name before she... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Jul 8, 2020

The first step would be to transfer your father's 50% community property interest to your mother. At this point, she could do this with an Affidavit of Heirship recorded in the county deed records.

It is not clear that your mother should transfer the home to anyone while she is alive....
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2 Answers | Asked in Real Estate Law and Estate Planning for Texas on
Q: My mother passed away and left the house to my sister and me,we are the beneficiaries. We want to sell the house.

The will appoints my sister as executor. The deed is in my mother and father's name,both are deceased. All taxes and bills on the home are paid and current. Can we file for probate?

Beth Ann Serafini-Smith
Beth Ann Serafini-Smith answered on Jun 25, 2020

Yes, you can file the Will for probate but there may be other probate options available to you, depending on any other property or assets that need transferred. I would recommend consulting with a probate attorney in your area to discuss the options available for you.

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1 Answer | Asked in Estate Planning, Real Estate Law and Land Use & Zoning for Texas on
Q: How to I divide undivided interest before the estate gets passed down to my generation?

When my grandmother passed away, she left the family land to my cousins and I as undivided interest. Once all of her children pass away, the land is divided among the 12 of us. Her children no longer want to deal with the execution of the estate. How can I guarantee a portion of the property comes... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 18, 2020

That sounds like a Life Estate to her Children, then Remainder over to the 12 or their heirs. But I am not reading the Deed or the Probated Will of GrandMother. Hire a competent attorney to search the title, determine what exact type of conveyance it is, then draft a Quit Claim Deed for all the... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: My sis cant buy me out on half of our home what can i do to get out of this..i want to sell my part what can i do

My bro signed his half of ownership to my sis without my knowledge shes making it Impossible to live here i just want to put it up for sell but she doesnt want to nor can she buy me out what can i do? I desperatly need advice thank you

Anthony M. Avery
Anthony M. Avery answered on Jun 2, 2020

Hire a competent attorney to file an Action for a Sale For Partition.

1 Answer | Asked in Real Estate Law for Texas on
Q: how do you see if there is a lien or deed restrictions on a property?

I'm looking to purchase a plot of land and i was told to look into the deed/or possible lien.

Anthony M. Avery
Anthony M. Avery answered on Jun 2, 2020

Hire a competent attorney to conduct a Title Search...

1 Answer | Asked in Banking and Real Estate Law for Texas on
Q: What to do if co-owner doesnt want to sell the house?

Long story short story. Me and my ex partner got a house under our names. Now since we not longer together she wants to sell the house. Wich in the other hand i dont want to sell the house cause we only have had the house for lil less than 2 years. I have given a lil over 28k towards the house.... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 14, 2020

You may have to buy her out and get a Quit Claim Deed. She can file a Partition Action at any time. It will be almost impossible to remove her from the mortgage note without a refinancing solely in your name.

1 Answer | Asked in Real Estate Law and Divorce for Texas on
Q: If a couple in the state of Texas have a house and 1 of them decide to keep the house.

85,000 is owed on the house. The house was appraised at $240,000 how is it split?

Chad Zubi
Chad Zubi answered on May 14, 2020

The answer to your question depends. A Texas family court will seek to make a just and right division of the community estate. There are a few different ways that this could end, and these examples are not all inclusive. A court could order that the house be sold and the proceeds be split or it... Read more »

1 Answer | Asked in Real Estate Law, Adoption, Banking and Elder Law for Texas on
Q: If a judge comes to a judgment but my attorney did not notify me about court and went in to court and the judge ruled wi

The judge did not even here or see my evidence of fraud or abduction or holding a love one hostage or the stolen car insurance money .and I lost property , my love one , my money stolen from account .what should I do or how can I get justice !! Who do I contact? Or tell ? Do I fire my lawyer and... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on May 11, 2020

The State Bar of Texas has a client dispute resolution process. You may want to avail yourself of it.

1 Answer | Asked in Estate Planning and Real Estate Law for Texas on
Q: Been living with my friend as a houseguest for over a year and he just gave me a 3 day eviction notice. Can I prolong?

I just want to know if there’s any way I can have more than just 3 days because I have nowhere else to go

Terry Lynn Garrett
Terry Lynn Garrett answered on May 9, 2020

You describe yourself as a guest, not as a tenant at will entitled to a 30 day notice and subject to a current covid-19 related eviction suspension. The answer is in your question.

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