Friday, March 17, 2017

Q&A about Texas land law

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

It had been sellers departed uncles house. Also find out the realtor told us it was a 2010 model, when in fact it's a 1998. Realtor had house & 3 acres recorded in paper, but is to the title when only house closed, found. So what can we do?
Attorney Reply Ben F Meek III

A: Sounds like fraud. Get a lawyer. Contact an experienced property litigator in your area. Many offer free initial consultations.

Q: My brother is executer of daddy's will. The will never went probate. In the will my father said he needs the

House to go to my brother, me and my deceased brother's child. Can my brother sale house without probate? If will has to go thru probate is signature of deceased brother's child and my signature demanded? I consider he's attempting to cut on my neice out of the will. If she understands what is happening, she is an adult and certainly will fight. I don't wish to be involved in virtually any conflict.
Lawyer Reply Terry Lynn Garrett

A: The Will needs to be probated while in theory title to the house could be transferred by means of an Affidavit of Heirship recorded with all the clerk of the county where the property is found. Texas Estates Code 252.201 requires that a man who possesses a Will turn it over to the court clerk when advised of the departure. Destroying or secreting a Will is a criminal violation. If someone hiring an attorney to ask them to do this will inevitably set you in battle with them, asking them or is refusing to try it, about what's right, just as your concern is doing now. But this doesn't necessarily mean you have to be drawn into litigation.

Q: My mom died 4 months ago, left no will. Her vacant house is behind 16 pymts ($12,000 ( now. Owed.) The best way to proceed?

House source value $127,000, been vacant, is in urgent need of repair, not in livable conditions that are. Present estimated value much less, $57,000 owed on mortgage, what are options?
Attorney Solution Ross F. Tew

A: It's possible for you to apply to be named as the Administrator of the Estate. As the Administrator you take whatever steps are crucial to get the property sold, can hold off the foreclosure, then settle up together with your mum's creditors and distribute her estate.

Q: A barbed wire fence was rebuilt by us and transferred it a few feet since the neighbor did not need to lose the trees.

Many years ago we needed to reconstruct a barbed wire fence on a 129.5 acre property in Texas. We agreed to split the cost with all the neighbor. We were willing to knock the post oak trees that had grown up in the fence line down, but the neighbor needed to save the trees and offered to transfer the fence several feet onto his property. Now we're attempting to sell the land. Probably it is going to need to be studied. Do we must compensate the neighbor for the value of his land and get the legal description of the acreage restated? Should this be divulged to possible buyers? The property is located in Coleman County, TX,.
Lawyer Answer Ben F Meek III

A: You may sell the land with the fence over onto the neighbor's land and reveal that fact conspicuously in your sale doctors. But that raises the issue of having his fence on his new neighbor's land and subject to his neighbor's good will for the buyer about letting it stay there. (However, in the event the buyer is prepared to take the house under that condition, you might sell it that way). You're on target by means of your notion of buying that strip out of your neighbor, in the event the cost is right. Then possess the surveyor establish the new boundary and upgrade the metes and bounds in your legal description. Should you can't get the strip at a fair price, you may have to move back your fence onto your acreage. Use an experienced property lawyer (and a great surveyor). All the best for you.

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

Lawyer Answer Ross F. Tew

A: I wonder that which you might be striving to complete when you say you need to add her as an owner. If it is a method to offer her the house once you have passed, you're able to achieve this in a Will, having a deed allowing an enhanced life estate on your own, or having a transfer on death deed, commonly called a ladybird title. A typical mortgage includes a provision when you title the home to somebody else without paying the mortgage off, you've defaulted on the mortgage plus it can be foreclosed. Describe what you want to action so he/she is able to enable you to examine your options and you definitely have to sit down with the attorney.

Q: My neighbor next door passed away and I'd like to acquire the home.

My neighbor lived like a hermit. His siblings had nothing to do with him. He's one dwelling daughter that he had no contact with. I used to be thinking that if I got in touch together with her, since she is the sole surviving next of kin that I could get the home from her and it's also my understanding the property has gone intestate. Which I realize to consider the property now belongs to his daughter. Do I must get an attorney or perhaps have her sign over the property in my experience.
Attorney Solution Ben F Meek III

A: Unless it goes assuming she wasn't a joint tenant with her father she may not have title to the property. She's now the sole owner and probate is probably not needed, if she and her father were joint tenants with right of survivorship. If her father was the only owner -- or if she was a co-owner but not a joint tenant -- probate almost surely will probably be asked to pass her title so that she is able to sell for you. She is able to produce a contract beside you to sell the property she expects to inherit, but in the event that you wish to get this done, you'd best have an attorney -- if there are heirs you do not understand about, or if he died with a valid will, her contract with you may not mean much other than a suit. I'd suggest talking about your interest in the house. Then if she's really the legal owner and is willing to sell it to you, hire an attorney to protect you having a purchase contract, to check that you will be receiving clear title to the property, and other sound legal advice. PS: My remarks here are offered for information purposes only and will not be legal guidance about any potentially relevant law or your unique situation. They truly are not offered as an invitation to join in, nor intended to create, nor do they create, an attorney-client relationship.

Q: his home was sold by my father but the brand new owner never shifted it over to her name can my dad officially get the home back?

Lawyer Solution Ross F. Tew

A: Maybe, but when payment was received by him in the brand new owner for the sale, he's just asking a suit by running another sale to a different buyer, or by attempting to maintain his possession of the property.

Real estate lawyers in Markham

Q: do covenants and recorded restrictions have to be refiled every ten years or is the word defined in the document

Lawyer Solution Brian Lehman

A: Should you need to be completely certain I'd check with a lawyer, but it depends upon the language of the covenant.
Here is an overview:
This is a flow chart that might be helpful:

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

When she passed, I was living there. My mother and her husband moved in with me to "save for their own house ". But she's striving to put out me.
Lawyer Response Terry Lynn Garrett

A: In the event that your mom as well as you were both willed the house, both your names should appear on the Distribution Deed filed together with the county clerk of the county where the property is found. Either of you can file a Motion to Partition. This may either induce a sale of the home or compel the other to buy the interest of the individual filing out with all the proceeds of the sale payable to you personally both. You should see an area probate lawyer.

Q: When my husband filed divorce he got the house I'm still on the loan how do I get off of it, I used to be in federal prison

Attorney Reply Brian Lehman

A: The section of assets and also the loan are various issues. I'd recommend talking with a lawyer about filing a motion with the court that requires your husband to take over your accountability on your house. But since the loan was from the bank, I do not consider there's anything more you could do to choose yourself "off" the loan.

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