Q&A about Texas estate laws

Q: My brother is executer of dad’s will. The will never  went probate. In the will my father stated he desires the

House to go to my brother me and my deceased brother’s kid. Can my brother sale house without probate? If will has to go thru probate is my signature needed and signature of deceased brother’s kid? I believe he’s attempting to cut my neice out of the will. She will fight if she understands what’s happening and is an adult. I do not want to be engaged in just about any conflict.
Lawyer Response Terry Lynn Garrett

A: The Will ought to be probated, while in theory title to the house may 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 demands that a man who owns a Will turn it over to the court clerk when advised of the death. Secreting or ruining a Will is a criminal violation. If someone is refusing to do that, asking them or hiring a lawyer to request them to do this will inevitably put you in conflict together, just as your concern about what’s right is doing. But this does not automatically imply you have to be drawn into litigation.

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

Attorney Reply Ross F. Tew

A: I wonder that which you happen to be striving to complete, when you say you would like to add her as an owner. If this is a way to provide her the house after you have passed, you can certainly achieve this in a Will, using a transfer on death deed, or using a title reserving an enhanced life estate on your own, generally called a ladybird deed. A normal mortgage will include a provision that when you title the property to somebody else without paying the mortgage off, you’ve got defaulted on the mortgage plus it can be foreclosed. Explain exactly what you intend to execute so she or he is able to assist you to examine your choices and you definitely should sit down with the attorney.

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

Attorney Answer Ross F. Tew

A: Maybe, but if he received payment for the sale from the brand new owner, he’s just asking a suit by trying to claim his ownership of the property, or by conducting another sale to some other buyer.

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

Lawyer Response Brian Lehman

A: The loan and the section 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 your culpability over on the home. However, because the loan was from the lender, I don’t believe there is anything more you could do to take yourself “off” the loan.

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

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

A: Just certain forms of protective order give the right to break a lease to you. This does 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’ve to give 30 days notice and pay for it along with back lease. It will not really address prepaid rent. You will not have to sue the landlord for that.

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 drive causing me to need to veer to the best to stop my drivers side door from hitting his vehicle about one foot.
Attorney Reply Peter Munsing

A: You can call the cops. But as a neighbor who seems to be either blind or passive competitive, you don’t need him to get focused on you. Maybe ask across the locality to discover what this individual’s angle is.

Q: My neighbor passed away and I would like to acquire the home.

My neighbor lived the same as a hermit. His siblings had nothing to do with him. He has one living daughter he had no contact with. I was thinking that if I got in touch together with her, since she is the sole living next of kin, that I could get the property from her and it’s also my understanding that the property has gone intestate. Which I realize to believe the property now belongs to his daughter. Do I simply have her sign within the home to me or have to get a lawyer.
Attorney Answer Ben F Meek III

A: She may not have title to the property unless it goes assuming she wasn’t a joint tenant with her dad. She’s now the only owner and probate might be not needed if she and her dad were joint tenants with right of survivorship. If her dad was the only owner — or if she was a co-owner but not a joint tenant — probate almost surely will likely be asked to pass title to her so that she can sell to you. She is able to create a contract along with one to sell the property she expects to inherit, but if you would like to try this, you had best have a lawyer — 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 suit. I’d suggest talking to her about your interest in the property. Then if she’s actually the legal owner and is ready to sell it to you, hire an attorney to protect you with a purchase contract, to confirm that you will be getting clear title to the home, and other sensible legal advice. PS: My remarks here are offered for information purposes only and are not legal advice about your specific situation or any possibly related law. They are not offered as an invitation to join in, nor meant to create, nor do they create, an attorney-client relationship.

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Q: We reconstructed a barbed wire fence and transferred it a few feet because the neighbor didn’t need to lose the trees.

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 the neighbor. We were willing to knock down the post oak trees that had grown right up in the fence line, but the neighbor needed to save the trees and volunteered to move the fence several feet onto his property. Now we are trying to sell the property. Likely it’s going to have to be studied. Do we must compensate the neighbor for the value of his land and get the legal description of the property restated? Should this be divulged to prospective buyers? The property can be found in Coleman County, TX,.
Lawyer Answer Ben F Meek III

A: You may sell the property with the fence over onto the neighbor’s property and reveal that fact prominently in your sale doctors. But that raises the dilemma of having his fence on subject and his new neighbor’s land to his neighbor’s good will for the buyer about letting it remain there. (Still, if the buyer is prepared to take the property under that state, you could sell it that way). You happen to be on target along with your idea of buying that strip out of your neighbor, in the event the cost is right. Then possess the brand new boundary is established by the surveyor and upgrade the metes and bounds in your legal description. In case you can not get the strip at a reasonable cost, you may have to transfer your fence back onto your property. Use an experienced property attorney (and a good surveyor). All the best for you.