Friday, March 17, 2017

Property laws in Texas Q&A

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

Lawyer Reply Ross F. Tew

A: I wonder what you might be wanting to achieve when you say you wish to add her. If it is a means to give her the house once you have passed, you certainly can do so in a Will, using a deed reserving an increased life estate on your own, or with a transfer on death deed, typically called a ladybird deed. An average mortgage includes a provision it can be foreclosed plus when you deed the home to someone else without paying the mortgage off, you've got defaulted on the mortgage. You definitely should take a seat with an attorney and explain that which you want to carry through so she or he can assist you to examine your options.

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

My neighbor lived like a hermit. His siblings had nothing to do with him. He's one dwelling daughter he had no contact with. I had been thinking that if I got in touch together with her, since she is the only living next of kin that I possibly could get the home from her and it's also my understanding that the property has gone intestate. Which I understand to consider the property belongs to his daughter. Do I simply have her sign within the house to me or need certainly to get an attorney.
Attorney Solution Ben F Meek III

A: She may not have title to the property unless it goes through probate, assuming she wasn't a joint tenant with her dad. She is now the sole owner and probate is probably not required, if her father 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 certainly will soon be asked to pass title to her so that she can sell to you personally. She is able to create a contract beside one to sell the property she expects to inherit, but if you would like to try this, you had best have an attorney -- if there are heirs you do not know about, or if he died with a valid will, her contract with you may not mean much other than a litigation. I'd suggest talking about your interest in the house to her. Then if she is really the legal owner and is prepared to sell it to you, hire an attorney to safeguard you with a purchase contract, to check that you just will be receiving clear title to the home, and other legal advice that is sound. PS: My comments here are offered for information purposes only and aren't legal advice about your unique circumstances or any potentially applicable law. They're not offered as an invitation to join in, nor intended to create, nor do they create, an attorney-client relationship.

Q: A barbed wire fence was reconstructed by us and transferred it a few feet since the neighbor didn't need to lose the trees.

Several years ago we needed to rebuild a barbed wire fence on a 129.5 acre property in Texas. We agreed to split the price with all the neighbor. The neighbor wanted to save the trees and volunteered to move the fence several feet, although we were willing to knock down the post oak trees that had grown right up in the fence line. Now we're attempting to sell the property. Likely it will have to be surveyed. Do get the legal description of the property restated and we must compensate the neighbor for the value of his land? Should this be revealed to potential buyers? The property can be found in Coleman County, TX,.
Lawyer Answer Ben F Meek III

A: You may sell the property with all the fence over onto the neighbor's land and divulge that fact prominently in your sale doctors. But that raises the problem of having his fence on issue and his new neighbor's property to his neighbor's good will for the buyer about letting it stay there. (Still, if the purchaser is willing to take the house under that condition, you might sell it that way). If the cost is right, you happen to be on target along with your idea of buying that strip from your neighbor. Then possess the newest boundary is established by the surveyor and update the metes and bounds in your description that is legal. You may have to transfer your fence back onto your property, if you can't get the strip at a decent price. Use an experienced property lawyer (and a great surveyor). All the best to you.

Q: My mother died 4 months ago, left no will. Her empty house is behind 16 pymts ($12,000 ( now. Owed.) How exactly to continue?

House orig $127,000, been vacant, is to value in desperate states. in livable need of repair, not Present estimated value less, $57,000 owed on mortgage, what are options?
Attorney Answer Ross F. Tew

A: It's possible for you to apply to be named as the Administrator of the Estate. As the Administrator you'll be able to hold the foreclosure off, take whatever measures are necessary to get the property sold, then settle up with your mum's lenders and distribute her estate.

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

Attorney Reply Brian Lehman

A: The loan as well as the division of assets are problems that are different. I'd recommend talking with a lawyer about filing a motion with the court that requires your husband to take over your responsibility on your house. However, since the loan was from the bank, I don't consider there's anything more you could do to choose yourself "off" the loan.

Real estate lawyers Markham

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

I had been living there when she passed. My mother and her husband moved in with me to "save for their own house ". But she's wanting to put me out.
Attorney Answer Terry Lynn Garrett

A: If your mom and you were both willed the dwelling, 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're able to file a Motion. This will either compel the other to buy the interest of the person filing out or compel a sale of the house with all the profits of the deal payable to you personally both. You might want to see an area probate attorney.

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

It had been sellers departed uncles house. Also discover the realtor told us it was a 2010 version, when in fact it's a 1998. Realtor had house & 3 acres recorded in paper, but is really on the deed, when we shut, found only house. So what can we do?
Lawyer Answer Ben F Meek III

A: Sounds like fraud. Get an attorney. Contact an experienced real estate litigator in your area. Many offer free initial consultations.

Q: Just how do I prevent my neighbor from parking in regards to a foot onto my driveway?

My neighbor parks his vehicle onto my paved drive causing me to need to veer to the best to prevent my drivers side door from hitting at his vehicle about one foot.
Lawyer Response Peter Munsing

A: You could call the cops. However, as a neighbor who seems to be passive aggressive or blind, you do not want him to get focused on you. Maybe ask across the locality to discover what this man's angle is.

Q: do is the expression defined in the document or covenants and recorded restrictions need to be refiled

Attorney Answer Brian Lehman

A: It is dependent upon the language of the covenant, although I might check using a lawyer in case you have to be completely certain.
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