Legal Question in Wills and Trusts in Texas

if I made repairs on a home willed to my mother because she promised to give me the home on her death but the home now has a NOI to foreclosure on 01/11/12. can I cliam the home based on the home improvement value?


Asked on 12/27/11, 9:44 pm

2 Answers from Attorneys

Probably not. The mortgage would typically have a first lien position, unless you filed your mechanics lien prior to the date she originally financed the home.

You may be able to stall the foreclosure based on the mother's death and whether or not you've been to probate court.

Read more
Answered on 12/27/11, 9:47 pm
Brian Thomas Burdette & Rice PLLC

Mr. Leon routinely provides sound responses through this forum, and I agree with him again. In effect, you made a wonderful gift to your mother when you made improvement repairs to the home that she owned. Unfortunately, absent a favorable lien position, which like Mr. Leon I doubt, your efforts do not create any ownership interest in the home.

I'm assuming too from your post that your mother has passed away. In that event, a probate proceeding could certainly slow things down (both for you and the lender). But, many other questions become important at that point, such as whether or not your mother actually died with a Will, and who else might claim to be an heir in the absence of a Will.

Read more
Answered on 12/28/11, 10:22 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Texas