Get free answers to your Real Estate Law legal questions from lawyers in your area.
I want to sell the home for Fair Market Value. The mother of buyer wants to sell for less. Buyer agreed to pay me more so does the mother determine how much I will get from the sale? The home is co-owner by 3 people.
answered on Mar 28, 2024
In the absence of an agreement to the contrary, equal co-owners will split the net proceeds of the sale in equal portions. So, in your situation, you need to reach an agreement with all three co-owners that you will receive a greater portion. If one of the co-owners is a minor, the minor's... View More 
answered on Apr 4, 2024
In performing curative title work, the best course of action depends upon the particular facts and circumstances which are creating a cloud on the title. Sometimes, a quiet title action is the best course of action, but not always. You should consult a real estate litigator in or near the county... View More
A neighbor's cat using our house as a litter box for the past two months. It took me about a month to find out the owner of the cat. I have spoken to them about this problem twice but they have not done anything to prevent their cat roaming freely. This has caused quite a nuisance in front of... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 24, 2024
That is a problem. Call the Animal Control office one more time. Get the name of everyone you talk to there and take notes of the call. If you get no help, you can start a small claims case against the cat owner, Animal Control, AND the HOA. That will cost you about $60. But you will get... View More
Asked for a general warranty deed so I can transfer title. I do not want the property since there is a mortgage. Any repercussions doing this?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 23, 2024
Be careful!
I recommend getting a lawyer, or at least sitting with one to get all your options. You should find out how much is owed on the mortgage, and how much the house is worth.
I would like more info to give you solid advice. Do you have any siblings? Dead or alive? Do they... View More
I had a water mitigation company come out tear down a very small portion of my ceiling, and had a few fans and 2 dehumidifiers running for four and half days, they are charging me $8K+ for the work, which I believe is outrageous, so I have repeatedly asked for an Itemized invoice, they have claimed... View More
answered on Mar 21, 2024
Unless your agreement with the water restoration company specifies that payment is conditioned upon receipt of a detailed itemized invoice, an itemized invoice is not a condition precedent to your obligation to pay for the service rendered.
In most situations like yours involving small... View More
My husband and I were married and have been living here for 10 yrs. We bought this house together but I found out that my name is not in the title when he died. We were living in this house when he died at the hospital and he left no will.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 19, 2024
The good news is that the property is yours until your death, automatically.
There can be a snag, if you had any children during the marriage. But, if you bought the property during the marriage, while you both lived in TX, and have no kids from the marriage, the property is yours alone.... View More
The lawyer who probated the will is wanting a signature for a settlement to the other party. The paper he wants signed has no information for what the settlement is. The will was signed by 2 judges and gives sole inheritance of the property to defendent and plantiff is not in the will. The... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 20, 2024
In your situation, if there's a clouded title due to incorrect paperwork and disputes over inheritance, it's crucial to approach this methodically. First, do not sign any documents that you do not fully understand, especially if they lack clear details regarding the settlement. It's... View More
Because when I did the death by deed for my father for my son to get it the property we were both under the impression he would not get it till he's 21 because of the utma law but I'm told recently that does not apply.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 30, 2024
The UTMA, or Uniform Transfers to Minors Act, facilitates the transfer of assets, including real estate, to minors without the need for a formal trust. Generally, this law allows minors to receive gifts or transfers of property through a custodian until they reach the age of majority, which varies... View More
Because when I did the death by deed for my father for my son to get it the property we were both under the impression he would not get it till he's 21 because of the utma law but I'm told recently that does not apply.
answered on Mar 12, 2024
In Texas, a minor can own property. A "transfer on death" deed (TODD) vests title in real property in the grantee upon the death of the grantor. The grantee's age is not a factor. So, for example, if your father owns a house, he could execute a TODD to your son that would transfer... View More
answered on Mar 11, 2024
A Texas attorney could answer best, but your question remains open for two weeks. Sometimes a court decides, depending on nature of the matter and the respective positions of the parties. Large electric utilities usually have land use attorneys in their environmental affairs divisions. You could... View More
At this point? Does the individual who inherited the TODD inherit only 50% or the full 100%?
answered on Mar 15, 2024
The person who acquired the property from your wife by a transfer on death deed now owns whatever part of the property your wife owned, subject to any liens that may exist (such as mortgages or unpaid taxes). If your wife got 100% of the property in the divorce, and didn't transfer any of it... View More
At this point? Does the individual who inherited the TODD inherit only 50% or the full 100%?
answered on Mar 11, 2024
If a wife was awarded 100% of the property upon divorce, her 100% interest passed to the grantee named in the ToDD upon her death.
While it would have been better for there to have been a special warranty deed from the husband to the wife at the time of divorce to remove the husband from... View More
I hired a contractor to fix my home after a Fire. He installed an HVAC System that the Ins company paid $18,000.00. THE STYSTEM WORKED FOR 3 WEEKS AND NOW THEY HAVE STOPPED ANSWERING MY CALLS. Can I put a lien against HIS Business? If so , whats the name of the LIEN that I need to file. PLease... View More
answered on Mar 11, 2024
No, there is no lien you can place against a contractor's business in this situation until you have first obtained a judgment in a civil lawsuit against the contractor.
If a new HVAC system was installed in your home, that system likely has a manufacturer's warranty. If the... View More
There are only two people on the Deed
answered on Mar 6, 2024
What paperwork?
In any sale of real estate, the seller is responsible for certain paperwork, and the buyer is responsible for other paperwork. The sales contract between the buyer and seller likely specifically discusses certain paperwork (e.g. title insurance policy, survey, etc.).
Hello,
I have a question regarding the purchase of a plot in an RV resort park. It almost seems like this experience is an outright theft of my investment. Do I have any legal recourse? I would like to get my money back but thats not my primary motivation, rather, I do not want anyone else... View More
answered on Mar 5, 2024
In order to determine if you have legal recourse, an attorney will need to review the subject documents and discuss with you the particular facts and circumstances concerning your dispute with the RV park. You should contact an attorney with experience in contract disputes involving real estate in... View More
I’ve been having trouble with my neighbor she complains about us parking on her left parking spot on the road infront of the side walk . She complained about the car getting on the grass sometimes and we have fixed that issue now she’s complaining and threatening to sue or give us a ticket for... View More
answered on Mar 5, 2024
Generally speaking a public road and the area immediately beside it is owned by the owner(s) of the adjacent land but it is subject to a public access easement. A survey would be necessary to determine the exact line where the easement ends. As long as you remain in the area subject to the public... View More
left there fathers house when he passed in 1955. It was a deed on death. My husband's mother was never told this and she passed before the brother did in 1981. One of his sons is trying to sale the house and can't because my mother n law's name is one the deed. She was killed when... View More
answered on Mar 5, 2024
Assuming the transfer on death deed was properly executed and recorded, in 1955 ownership of the home passed to your mother-in-law and the uncle upon the death of your mother-in-law's father according to the terms of the deed.
When your mother-in-law died in 1981, her interest in the... View More
I got divorced a few years ago and in the decree I was awarded the house and equity. After the divorce, my ex refinanced the house with me so that my payment would be lower. He now says he never agreed to give me the equity and that with the new loan agreement, he should get his half of the equity... View More
answered on Feb 26, 2024
Your question strongly suggests you did not follow the advice of your divorce attorney. If your divorce decree awarded you the residence, there should have been an accompanying special warranty deed from your ex-husband to you deeding the home to you and an accompanying deed of trust to secure... View More
My mother who is disabled on a fixed income and her siblings had their land stolen by their step sister when she had power of attorney for her father. He revoked power of attorney stating that she had no permission to do any of this he had no idea this happen until he went to pay taxes . He... View More
answered on Feb 26, 2024
It depends on many facts not stated in your question. A judge usually does not look at any evidence until a trial or evidentiary hearing on a matter. Prior to the trial/hearing, a litigant almost always has a duty to disclose his/her evidence in the discovery process. Evidence not properly... View More
I purchased a real estate package course however I got diagnosed with a chronic illness and was not able to attend school. I do have documents some are from my attorneys who are helping me file a disability claim or an SSDI claim. I guess my question would be is it right practice for them to... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024
While it ultimately depends on the policies of the institution or company from which you purchased the real estate licensing package, many organizations have provisions for refunds or accommodations in cases of unforeseen circumstances such as illness or disability. Providing documentation of your... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
