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Common law couple wants to sell their home they will be making about $450,000 on the home after mortgage is paid off, etc. They were going to split it down the middle however judgment has been set against the Husband. Is there anyway to make it legally binding that when the home is sold the wife... View More 
answered on Jan 22, 2024
If the home was occupied by the couple and declared as their homestead, the home and the proceeds from the sale of the home are exempt from the claims of creditors anyway. Just be sure not to commingle the proceeds with any other joint management community property funds or with any of the... View More
I am her only child, 39, with my own family. Mother was horrible with finances, and I want nothing to do with her estate.
Hearing in a few days, docket lists “MOTION FOR SUMMARY JUDGMENT, MOTION TO COMPEL MEDIATION AND DEPOSITION,” and I’m freaking out.
answered on Jan 9, 2024
You should hire an attorney to file an answer, a response to the motion for summary judgment, and a response to the motion to compel mediation and deposition.
If you are not a co-signor on her mortgage, the mortgage company is most likely suing you because you are your mother's sole... View More
answered on Jan 8, 2024
If you have no lease agreement, they can bar you or any of your guests from entering their land since you have no right to enter their land without their consent. It would be in your best interests to move your mobile home to another property you either own or lease.
We are concerned that insurance may drop us if we file again. Are the sellers liable to report this issue?
answered on Jan 5, 2024
What you must disclose is contained in the mandatory Seller's Disclosure Notice:
chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.trec.texas.gov/sites/default/files/pdf-forms/55-0.pdf
Item 3 requires you to disclose any known defects or malfunctions.... View More
named me executor and sole beneficiary. I understand I do not have to show him this will until I have been appointed by the court, however, should I respond to his text? Would a response show that I am agreeing to text communication with him?
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answered on Jan 4, 2024
Your question does not state whether or not, anyone has filed to Probate, your mother's Will.
If he has filed it, you better get busy and submit a filing of your own. You should not wait.
You are correct, if you are named as Executor, you have control. But you must file soon.... View More
We own zero-lot house in subdivision that was built in 1982. How do I get information, copies of permits, etc... that allowed side yard gates to be erected across adjacent property if the survey and the title company do not have that information? The reason I'm requesting this information is... View More
answered on Jan 3, 2024
First you will need to identify who is likely to have copies of the information you are seeking. I would start with the City in which the subdivision is located. Next would be the owner of the property at the time the side yard gates were erected. Next would be any HOA for that subdivision.... View More
I am under contract for a yet to be completed new construction home. The builder went into receivership due to financial problems and it appears the bank will be foreclosing on the property I have been waiting on for almost two years. The builder has a very large builder deposit I provided at... View More
answered on Jan 3, 2024
I agree with other counsel and will note that Texas has a specific statute--the Texas Construction Trust Fund Act--that requires payments made to a contractor under a construction contract to be held in a separate construction account with a financial institution if the contract is for improvements... View More
I am under contract for a yet to be completed new construction home. The builder went into receivership due to financial problems and it appears the bank will be foreclosing on the property I have been waiting on for almost two years. The builder has a very large builder deposit I provided at... View More
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answered on Jan 3, 2024
In a situation where your new construction home is facing foreclosure due to the builder's bankruptcy, the fate of your contract and deposit can be complex and uncertain. The contract you have with the builder may be considered an asset of the builder's bankruptcy estate, and its handling... View More
I am under contract for a yet to be completed new construction home. The builder went into receivership due to financial problems and it appears the bank will be foreclosing on the property I have been waiting on for almost two years. The builder has a very large builder deposit I provided at... View More
answered on Jan 3, 2024
Bankruptcy relief is exclusively a federal right and procedure, with its own courts.
However, most states have a "receivership" insolvency proceeding that is valid (and utilized sometimes in foreclosure proceedings, or regarding insurance companies that are not eligible for... View More
My question is I guess would be the ex girlfriend took everything out of house and vandalized his house they went as far as taking plug in the walls and cut and took wires and copper. They took ac unit and the central ac unit inside cleaned out the barn and garage. In the will it stated that she... View More
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answered on Jan 1, 2024
You have been wronged, for certain, and for most wrongs there is a remedy. The remedy in this case is the executors of your dad's estate can sue the girlfriend for theft and conversion. You can require her to either return the stolen items or pay the estate for the value of them. The... View More
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answered on Dec 27, 2023
Typically, you would file a written response or answer to the motion, addressing the specific allegations of contempt. This response should provide a clear and detailed explanation of your actions or circumstances, demonstrating why you believe you are not in contempt of the court's orders.... View More
I sold my part of a vacation cabin to my cousin. The title was updated but he hasn't paid me. Can I sue for interest and punitive damages in addition to the agreed price?
answered on Dec 22, 2023
Ordinarily, the title company holds onto the proceeds of the sale for a few days to insure that checks clear, etc. If it has been more than a few days, I would contact the closing agent who handled your sale to your cousin as to the status of the proceeds to be released to you.
If you for... View More
After filing paperwork for the sale of my primary residence, Midland, TX 79701, a Texas Abstract and Title company informed me there was a lien on my home in the amount of $8,806.52 by Attorney Mr. Moss representing Capital One Credit Card company, and this amount will be withheld from my... View More
answered on Dec 15, 2023
If you have declared that your primary residence is also your homestead, any judgment lien does not attach to it. Your title company should be aware that a judgment lien does not attach to a homestead. Moreover, if your Chapter 7 bankruptcy discharged the judgment in favor of Capital One, you can... View More
Need my money back. Owner allegedly burnt house for insurance fraud
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answered on Dec 15, 2023
Hire a competent TX attorney now. File suit for breach of contract, fraud, conversion property tort, etc., and most importantly, declare a constructive trust on the insurance proceeds. You will need a Notice Lis Pendens possibly. If there are criminal charges, attempt to get restitution... View More
That was about ten years ago , property is much more valuable now $172,000,I want to sell or be bought out, do I still have ownership? I never got copies of documents and he refuses to send to me.
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answered on Dec 14, 2023
When it comes to the sale of a house, proper notarization of documents is typically a key requirement for the legal transfer of ownership. If the documents related to the sale of your property were not notarized, this could potentially impact the validity of the transaction.
Your ownership... View More
I believe that Washington County, Texas has wrongfully taken possession of my family property. I have the original deeds in my possession, but unfortunately, they do not bear any signatures. I have made multiple attempts to contact the county regarding this matter, but they have consistently... View More
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answered on Dec 4, 2023
In your case, closely examine the original deeds you have, despite the lack of signatures. Check for any other details or identifiers that might substantiate your claim. It's important to confirm that these documents comply with the legal standards and property laws in Washington County,... View More
I believe that Washington County, Texas has wrongfully taken possession of my family property. I have the original deeds in my possession, but unfortunately, they do not bear any signatures. I have made multiple attempts to contact the county regarding this matter, but they have consistently... View More
answered on Dec 4, 2023
If you do have possession of the original deeds and they are unsigned, they are ineffective to convey title. Until a deed is signed, delivered, and recorded in the deed records of the county where the property is located, title to the property has not been conveyed.
There would be no... View More
Foundation was done 4 months ago, due to not watering regularly they are saying they will not fix. They told me they need to add 10 piers and adjust everything they did and want to charge me 6k. What can I do here?
answered on Dec 4, 2023
The warranties provided by many foundation repair companies specifically address drainage, foliage, and moisture issues that can profoundly affect the performance of any building foundation.
If your warranty requires you as the homeowner to properly water the soil around your foundation,... View More
I am disabled and cared for My mom and lived in the home. I never filed the will that was made 2011 with 2 Witnesses There is a pending bill for $101,000 in back taxes. The will states that I am the executor and I keep all real estate and belongings I live in the house and don’t work. I only get... View More
answered on Dec 4, 2023
Unless and until a Will is probated, it does not pass title of a decedent's assets to the heirs named in the Will. You have four years from the date of the decedent (your mom)'s death to probate her Will. Legally, you are allowed to probate a Will without a lawyer; however, in practice,... View More
I have 23 acres for sale with a house she broke the house off the acreage and is trying to sell it in two pieces and did not ask me if she could do that
answered on Nov 29, 2023
In the absence of any agreement with your real estate agent to list the property in separate parcels, you ultimately have the legal right to refuse to sign a contract to sell your property in two separate parcels.
Simply tell your agent you are not interested in selling your property as two... View More
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