Legal Question in Wills and Trusts in Texas

real estate

I had purchasd a rental house and ran into a situation that I needed the house out of my name so my mom ended up purchasing it from me. The lease contracts have been in both of our names and I have continued making the payments. My mom suddenly ended up in the hopsital and has been given a week or so to live. I am seriously concerned what could happen to the house or if there is anything we can do at this point. We don't know how any of this works - with probate, lenders, other siblings etc. We had typed up an agreement concerning this transaction and that this house is still mine even though it is in her name. Is that enough? What do you suggest? If anyone can help us with this it would be greatly, greatly appreciated - it would be one less worry right now. THANK YOU! State: Texas


Asked on 8/03/08, 2:54 pm

3 Answers from Attorneys

David Leon David L. Leon, P.C.

Re: real estate

If she owns the house, then she owns the house. Does she have a will? If so, then the will would control where the house goes. If there is no will, then intestacy would control. If you want the house back in your name, get it deeded back to you. (make sure you have permission from the lender before you do so, though.)

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Answered on 8/03/08, 6:46 pm
Donald McLeaish McLeaish&Associates;, P.C.

Re: real estate

TYPICAL PROBLEM FOR FOLKS..many times heirs will agree to correct such problems..and if agreed, we would be happy to help your family probate the estate

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Answered on 8/03/08, 11:10 pm
James Grissom Law Office of James P. Grissom

Re: real estate

This site is not meant to solve all your problems. Your concocted arrangement (for whatever purpose that you don't explain completely) has got you in a big mess. You need to see a lawyer really quickly to see if this can be saved. If not be prepared to pay the price for what you've done to yourself and for waiting to the last possible moment to have any possibility of correcting your mistake. Good Luck.

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Answered on 8/03/08, 3:53 pm


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