Q&A about Texas land law

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

House to really go to my brother, me and my dead brother's kid. Can my brother sale house without probate? If will has to go thru probate is my signature needed and signature of dead brother's child? I believe he's trying to cut on my neice from the will. She is an adult and can fight if she knows what's occurring. I do not desire to be involved in just about any conflict.
Attorney Reply Terry Lynn Garrett

A: The Will needs to be probated while in theory title to the house might be transferred by means of an Affidavit of Heirship recorded with the clerk of the county where the property is situated. Texas Estates Code 252.201 demands that a man who owns 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 hiring an attorney to request them to do this will inevitably place you in battle together, asking them or is refusing to get this done, about what's right, just as your concern is doing. But this does not automatically mean that you need to be drawn into litigation.

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

Lawyer Answer Brian Lehman

A: In case you need to be completely sure I'd check using a lawyer, but it depends upon the language of the covenant.
Here is an overview: http://www.wcglaw.net/assets/docs/publications/Amend%20Modify%20Restrictive%20Covenants.pdf
Here is a flow chart that might be helpful: http://www.houstontx.gov/planning/Neighborhood/docs_pdfs/restrictions_info.pdf

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

My neighbor parks his vehicle onto my paved drive causing me to need certainly to veer to the proper to stop my drivers side door from hitting his vehicle about one foot.
Attorney Response Peter Munsing

A: You could call the cops. However, as a neighbor who appears to be either blind or passive competitive, you don't need him to get focused on you. Possibly ask across the locality to find out what this person's angle is.

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

Attorney Answer Ross F. Tew

A: Maybe, but when payment was received by him for the sale from the new owner, he's simply inviting a suit by running another sale to a different buyer, or by attempting to assert his ownership of the property.

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

Many 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 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 volunteered to move the fence a few feet onto his property. Now we're attempting to sell the property. Probably 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 property? Should this be revealed to potential buyers? The property is located in Coleman County, TX,.
Lawyer Solution 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 issue of having his fence on his new neighbor's property and issue for the buyer about letting it remain there. (Still, if the purchaser is willing to take the house under that state, you may sell it that way). If the cost is right you're on target with your notion of buying that strip from your neighbor. Then possess the surveyor update the metes and bounds in your legal description and create the brand new boundary. If you can not get the strip at a cost that is fair, you may have to move your fence back onto your property. Use an experienced real-estate lawyer (and a good surveyor). All the best to you.

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

I was living there when she passed. My mum and her husband moved in with me to "save for their particular house ". But she's trying to put outside me.
Attorney Reply Terry Lynn Garrett

A: In case you and your mother were both willed the residence, both your names should appear on the Distribution Deed filed with all the county clerk of the county where the property is found. Either of you're able to file a Motion to Partition. This may either compel a sale of the home or compel the other to buy out the interest of the individual filing with all the proceeds of the deal payable to you personally both. You should see an area probate attorney.

Q: His wife sold their house and my brother was incarcerated and had her exhusband Forge his name what can he do about it

Lawyer Reply Kiele Linroth Pace

A: Forgery of a Title or Mortgage is a State Jail Felony which should be reported to law enforcement. Second, see the proper division of the marital assets along with a family law attorney in regards to a divorce.

Q: Is my girlfriend entitled to half my property if it is owed and she's contributed to upkeep as well as payments?

Before I met her, the property is under my name only and was bought. I'm filing an eviction suit because she asserts she's rights and will not leave. To my understanding, she has "tenant" rights, because she lives here I need to give her a specific time to vacate the premises and if she still refuses afterward I should follow up with the eviction suit. I am doing that at the moment, but she needs to settle this on our own without needing to visit court but desires to remain with the property because she says shes en entitled to half... We don't have any children together and I 've already been divorced from my 1st wife, so some tips is known by me. My ex wife stayed together with the property we bought as wed but different properties were kept out by both. What's going to occur in this particular case my property is in my name only and if I am not married to my girlfriend?
Lawyer Solution Ross F. Tew

A: It sounds just like the two of you could sort this out with a mediator's comments. I doubt if she is not paid back for any contributions she has made to the purchase or improvement of property, she will consent to anything.

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

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

A: It's possible for you to apply to be made as the Administrator of the Estate. As the Administrator it is possible to hold the foreclosure off, take whatever measures are needed to get the property sold, then settle up with your mother's creditors and distribute her estate to her heirs.

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

It had been sellers departed uncles house. Also learn the realtor told us it was a 2010 version, when in fact it is a 1998. Realtor had house & 3 acres listed in paper, but is about the deed when we closed, discovered only house. What can we do?
Attorney Reply Ben F Meek III

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