Friday, March 17, 2017

Q&A about Texas land laws

Q: My brother was incarcerated and his own wife sold their house and had her ex-husband Forge his name what can he do about it

Attorney Reply Kiele Linroth Pace

A: Forgery of Mortgage or a Title is a State Jail Felony which should be reported to law enforcement. See the correct division of the marital assets along with a family law lawyer about a divorce.

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

Attorney Reply Brian Lehman

A: The loan and also the division of assets are dilemmas that are different. I'd recommend talking using an attorney about filing a motion with all the court that requires your husband to take over your accountability on your house. But because the loan was from the financial institution, I don't believe there is anything more you could do to choose yourself "off" the loan.

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

Attorney Solution Ross F. Tew

A: Maybe, but if payment was received by him for the sale from the brand new owner, he is only inviting a lawsuit by trying to assert his ownership of the property, or by conducting another sale to a different buyer.

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

House to go to my deceased brother's child, my brother and me. Can my brother sale house without probate? If will has to go thru probate is my signature required and signature of deceased brother's child? I believe he is trying to cut on my neice out of the will. She is an adult and can fight if she understands what's happening. I don't wish to be involved in almost any conflict.
Attorney Answer Terry Lynn Garrett

A: The Will ought to be probated while in theory title to the home may be transferred by an Affidavit of Heirship recorded together with the clerk of the county where the property is situated. Texas Estates Code 252.201 needs that a person who owns a Will turn it around to the court clerk when notified of the departure. Ruining or secreting a Will is a criminal violation. If someone is refusing to do that, requesting them or hiring an attorney to request them to do this will necessarily put you in battle together, just as your concern about what's right is doing. But this does not automatically imply that you need to be drawn into litigation.

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

Several years ago we needed to reconstruct a barbed wire fence on a 129.5 acre property in Texas. We agreed to split the price with all the neighbor. The neighbor needed to save the trees and offered to transfer the fence several feet onto his property, although we were willing to knock down the post oak trees that had grown up in the fence line. Now we are trying to sell the property. Probably it will need to be studied. Do get the legal description of the land restated and we need to compensate the neighbor for the worth of his property? Should this be disclosed to prospective buyers? The property can be found in Coleman County, TX,.
Attorney Solution Ben F Meek III

A: You divulge that fact conspicuously in your sale docs and can sell the property with the fence over onto the neighbor's property. But that raises the problem of having his fence on issue and his new neighbor's land to his neighbor's good will for the buyer about letting it remain there. (Still, in the event the purchaser is prepared to take the house under that state, you may sell it that way). In the event the cost is right you happen to be on target together with your notion of buying that strip from your neighbor. Then possess the surveyor create the newest border and update the metes and bounds in your legal description. You may have to move your fence back onto your acreage, in case you can't get the strip at a reasonable price. Use an experienced property attorney (and a great surveyor). All the best to you personally.

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

When she passed, I was living there. My mom and her husband moved in with me to "save for their particular house ". But she's wanting to put out me.
Attorney Reply Terry Lynn Garrett

A: In the event you and your mother were both willed the residence, both your names should show up on the Distribution Deed filed with all the county clerk of the county where the property is found. Either of you can file a Motion to Partition. This can either compel the other to buy the interest of the person filing out or induce a sale of the house with all the proceeds of the sale payable to you both. You should see a local probate attorney.

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

His vehicle is parked by my neighbor about one foot onto my paved drive causing me to have to veer to the best to avoid my drivers side door from hitting at his vehicle.
Attorney Reply Peter Munsing

A: You could call the cops. However, as a neighbor who seems to be passive competitive or either blind, you don't need him to get focused on you. Perhaps ask across the area to discover what this man's angle is.

Q: Could I get my pre paid rent back (6 months) if I'm breaking lease on account of domestic violence? I have a protective order.

I pre paid the entire 12 months in advance but I Have just been here 5. I am needing to transfer but I can't without my refund of the rent I've paid. I have got police reports and also a protective order.
Lawyer Answer Kiele Linroth Pace

A: Just specific kinds of protective order give the right to break a lease to you. This will not add a magistrate's EPO or a divorce TRO. The important points are here in Texas Property Code 92.016 but that only truly addresses whether or not you have to give 30 days notice and pay for it along with back rent. It can not actually address prepaid rent. Hopefully you won't have to sue the landlord for that.

Real estate lawyers in Markham

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

Attorney Reply Ross F. Tew

A: I wonder what you happen to be looking to complete, when you say you wish to add her. If it is a means to offer her the house once you have passed, you're able to achieve this in a Will, with a deed allowing an increased life estate on your own, or having a transfer on death deed, usually called a ladybird deed. A typical mortgage will have a provision it may be foreclosed plus when you deed the property to someone else without paying the mortgage off, you've defaulted on the mortgage. You definitely need certainly to take a seat with the attorney and describe exactly what you desire to execute so she or he will enable you to analyze your options.

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

My neighbor lived like a hermit. His siblings had nothing to do with him. He has one dwelling daughter that he had no contact with. I used to be thinking that if I got in touch with her, that I possibly could get the home from her since she is the sole surviving next of kin and it is my understanding the property has gone intestate. Which I understand to consider the property belongs to his daughter. Do I perhaps have her sign over the house to me or must get an attorney.
Lawyer 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 might be not required, if her daddy and she were joint tenants with right of survivorship. If her daddy was the sole owner -- or if she was a co-owner but not a joint tenant -- probate almost surely will undoubtedly be required to pass title to her so that she can sell to you personally. She can make a contract beside one to sell the property she expects to inherit, but in the event you intend to get this done, you had best have a lawyer -- if there are heirs you don't know about, or if he died with a legal will, her contract with you may not mean much other than a litigation. I'd suggest talking about your interest in the home. Then if she is really the legal owner and is willing to sell it to you, hire a lawyer to safeguard you using a purchase contract, to confirm that you'll be getting clear title to the home, and other sound legal advice. PS: My comments here are offered for information purposes only and are not legal guidance about any potentially applicable law or your specific conditions. They truly are not offered to join in, nor intended to create, nor do they create, an attorney-client relationship.

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