Friday, March 17, 2017

Q&A about Texas estate laws

Q: My mother and I were willed my grandma's home. Whose passed. Can she put out, if we both are living there now?

I used to be living there when she passed. My mother and her husband moved in with me to "save for their own house ". But she's trying to put outside me.
Lawyer Response Terry Lynn Garrett

A: Both your names should show up on the Distribution Deed filed with the county clerk of the county where the property is situated in the event that you and your mother were both willed the home. Either of you can file a Motion to Partition. This can either force a sale of the house or force the other to buy out the interest of the person filing using the profits of the deal payable to you personally both. You may want to see a local probate attorney.

Q: Can I add my daughter as owner of my house in Texas with out her being on the mortgage?

Lawyer Response Ross F. Tew

A: I wonder that which you might be striving to achieve when you say you intend to add her. If that is a method to offer her the house after you have passed, you're able to do so using a title allowing an enhanced life estate on your own, or with a transfer on death deed, in a Will, typically called a ladybird title. A typical mortgage includes a provision when you title the property to someone else without paying the mortgage off, you have defaulted on the mortgage plus it can be foreclosed. Clarify exactly what you desire to carry through so they is able to help you analyze your options and you definitely need certainly to sit down with an attorney.

Q: His wife sold their house and my brother was incarcerated and had her exhusband Forge his name what can he do about it

Lawyer Reply Kiele Linroth Pace

A: Forgery of a Title or Mortgage is a State Jail Felony that should be reported to law enforcement. See a family law attorney about a divorce and the proper section of the marital assets.

Q: do covenants and recorded restrictions have to be refiled or is the term defined in the file

Attorney Answer Brian Lehman

A: Should you need to be completely certain, I'd check using a lawyer, but it is dependent upon the language of the covenant.
Here is an overview:
Here is a flow chart which may be helpful:

Q: My brother is executer of dad's will. Probate was never gone by the will. In the will my father stated he needs the

House to go to my brother me and my dead brother's kid. Can my brother sale house without probate? If will has to go thru probate is signature of dead brother's kid and my signature required? I believe he's attempting to cut my neice out of the will. If she knows what's occurring, she is an adult and will fight. I do not wish to be engaged in any conflict.
Attorney Response Terry Lynn Garrett

A: While in theory title to the house may be transferred by an Affidavit of Heirship recorded with all the clerk of the county where the property is found, the Will should be probated. Texas Estates Code 252.201 demands that a man who possesses a Will turn it over to the court clerk when advised of the departure. Secreting or destroying a Will is a criminal violation. If someone asking them, is refusing to do that or hiring a lawyer to request them to do this will inevitably set you in conflict with them, just as your concern about what is right is doing. But this doesn't necessarily imply that you have to be drawn into litigation.


Q: my father sold his house but the new owner never shifted it around to her name can my father legitimately get the home back?

Lawyer Solution Ross F. Tew

A: Maybe, but when payment was received by him for the sale in the newest owner, he's just asking a lawsuit by conducting another sale to a different buyer, or by attempting to claim his possession of the property.

Q: Is my girlfriend entitled to half my property she's given to payments and upkeep and if it's still owed?

The property is under my name only and was bought before I met with her. I'm filing an eviction suit because she claims she's rights and refuses to leave. To my understanding, she's "renter" rights, because she dwells here I have to allow her a specific time to vacate the premises and if she still refuses afterward I should follow up with all the eviction suit. I'm doing that at the moment, but she desires to settle this on our own without being forced to attend court but needs to remain with the property because she says shes en entitled to half... We do not have any kids together and I have been divorced from my 1st wife, so I understand some info. My ex wife stayed with the property we bought as wed but different properties were kept out by both. What'll happen in this case my property is in my name only and if I'm not wed to my girlfriend?
Lawyer Solution Ross F. Tew

A: It seems like the both of you could sort this out using a mediator's advice. I doubt if she is not paid back for any contributions she has made to the purchase or development of property, she'll consent to anything.

Q: Just how do I prevent my neighbor from parking of a foot onto my drive?

His vehicle is parked by my neighbor onto my paved driveway causing me to need certainly to veer to the right to avoid my drivers side door from striking his vehicle about one foot.
Lawyer Response Peter Munsing

A: You can call the cops. However, as a neighbor who appears to be passive competitive or either blind, you don't want him to get focused on you. Maybe ask across the locality to discover what this person's angle is.

Q: I find the house is not in sellers name or our name out, after closing on manufactured home& land. It is in probate

It had been sellers dead uncles house. Also determine the realtor told us it was a 2010 version, when in fact it is a 1998. Realtor had house & 3 acres listed in paper, but is on the title when we closed, found only house. What can we do?
Lawyer Reply Ben F Meek III

A: Seems like fraud. Get an attorney. Contact an experienced property litigator in your town. Many offer free initial consultations.

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