Texas real estate contract law Q&A

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

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

A: Unless it goes through probate, assuming she wasn’t a joint tenant with her dad, she may not have title to the property. She is now the sole owner and probate might be not needed if she and her daddy were joint tenants with right of survivorship. If her daddy was the only owner — or if she was a co-owner but not a joint tenant — probate almost certainly will likely be required to pass title to her that she can sell to you. She can produce a contract along with one to sell the property she expects to inherit, but if you wish to try this, you’d best have a lawyer — if there are heirs you don’t understand about, or if he died with a valid will, her contract with you may not mean much other than a lawsuit. I would suggest talking about your interest in the house to her. Then if she is really the legal owner and is ready to sell it to you, hire a lawyer to protect you having a purchase contract, to verify that you just will be receiving clear title to the property, as well as other sensible legal counsel. PS: My opinions here are offered for information purposes only and aren’t legal advice about any potentially appropriate law or your specific conditions. They truly are not offered to join in, nor meant to create, nor do they create, an attorney-client relationship.

Residential real estate lawyer – Toronto

Q: My mother 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 $127,000, been vacant, is to worth in urgent need of repair, not in livable conditions. Present estimated value much less, $57,000 owed on mortgage, what are options?
Attorney Answer Ross F. Tew

A: It’s possible for you to apply to be appointed as the Administrator of the Estate. As the Administrator you take whatever measures are mandatory to get the property sold can hold off the foreclosure, then settle up together with your mom’s lenders and distribute her estate to her heirs.

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

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

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

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

Lawyer Reply Ross F. Tew

A: When you say you wish to add her as an owner I wonder everything you are trying to achieve. If this is a method to offer her the house once you have passed, you can certainly achieve this having a title reserving an increased life estate on your own, or using a transfer on death deed, in a Will, commonly called a ladybird deed. A normal mortgage includes a provision it can be foreclosed and that when you title the property to somebody else without paying the mortgage off, you have defaulted on the mortgage. Clarify that which you intend to execute so she or he can enable you to examine your choices and you definitely need certainly to sit back with an attorney.

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

Attorney Reply Brian Lehman

A: The loan along with the division of assets are problems that are different. I’d recommend talking with an attorney about filing a motion with the court that requires your husband to take your responsibility over on the home. However, since the loan was from the financial institution, I do not consider there is anything more you could do to take yourself “off” the loan.

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

House to really go to my dead brother’s child, my brother and me. Can my brother sale house without probate? If will has to go thru probate is signature of dead brother’s child and my signature needed? I consider he is trying to cut on my neice from the will. If she understands what’s happening, she is an adult and can fight. I do not wish to be involved in virtually any battle.
Attorney Reply Terry Lynn Garrett

A: The Will ought to be probated while in theory title to the house might be transferred by an Affidavit of Heirship recorded with the clerk of the county where the property is found. Texas Estates Code 252.201 demands that a person who possesses a Will turn it around to the court clerk when informed of the passing. Secreting or destroying a Will is a criminal offense. If a person asking them is refusing to do this or hiring an attorney to request them to do this will inevitably place you in battle with them, about what’s right, just as your concern is doing now. But this does not automatically imply you have to be drawn into litigation.

Q: Is my girlfriend entitled to half my property when it is still owed and she’s contributed to payments and upkeep?

Before I met her, the property is under my name only and was purchased. I will be filing an eviction suit because she will not leave and maintains she’s rights. To my understanding, she’s “renter” rights, because she dwells here I have to allow her a certain time to vacate the premises and if she still refuses then I should follow up with all the eviction suit. I’m doing that at the present time, but she wants to settle this on our own without needing to visit court but desires to stay with the property because she says shes en entitled to half… We do not have any kids and I have been divorced from my 1st wife, so I understand some info. My ex wife stayed together with the property we purchased as married but different properties were kept out by both. What’s going to happen in this case if I’m not married to my girlfriend and my property is in my name only?
Attorney Solution Ross F. Tew

A: It sounds like the both of you could sort this out using a mediator’s input. I doubt she will consent to anything if she’s not paid back, at least in part, for any contributions she’s made to the purchase or development of property.

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

When she passed, I had been living there. My mom and her husband moved in with me to “save for their own house “. But now she’s wanting to put me out.
Lawyer Answer Terry Lynn Garrett

A: In case you and your mother were both willed the home, both your names should show up on the Distribution Deed filed with all the county clerk of the county where the property is located. Either of you’re able to file a Motion. This can either compel a sale of the home or drive the other to buy the interest of the person filing out with all the proceeds of the sale payable to you both. You should see a local probate lawyer.

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 Deed is a State Jail Felony which should be reported to law enforcement. See the proper division of the marital assets and also a family law attorney in regards to a divorce.

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

Attorney Solution Ross F. Tew

A: Possibly, but if payment was received by him from the newest owner for the sale, he’s just inviting a lawsuit by trying to maintain his possession of the property, or by running another sale to a different buyer.

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