Probate lawyer can help heirs during process
Q:My father recently passed away without a will. There are four children. We were going through his accounts and he has a lot of money that we knew nothing about. There are also some assets that appear to be valuable. All the children seem to have been his favorite, and I feel we are in for unpleasant conflicts. Where do we go from here? We don’t want to have to spend a lot of money on attorneys.
A:We think you need to hire an experienced probate lawyer. Don’t be ashamed to ask about fees and let them know your expectations. You are probably going into some unpleasant family experiences over the next few years. An experienced lawyer, and the supervision of a probate judge can save you a lot of time and pressure from family members. A little money spent now can save you a lot of money in the long run. It also can eliminate a lot of hard feelings.
Q:I’m a licensed real estate broker and just finished taking the Texas Broker Responsibility course to renew my license. They said next time there will be an examination to pass the course. Can TREC deny me my license if I don’t pass the test? I’ve never done well on tests.
A:Interesting issue. The instructors for the broker responsibility course do have to take and pass a test. Students who take the course online will be tested and must pass. Those who take it in the classroom will be tested, have a test review, but will not be graded. Changing times for the Texas Real Estate Commission. Welcome to the future.
Q:I just bought a new house and am getting ready to build a new fence to replace one the prior owner had built. My next-door neighbor insists that he owns a few feet of my property because the fence was placed inside my property line. I’m afraid we’re heading for a fight that I don’t want. Is he right?
A:Highly unlikely. Your predecessor built the fence. Confirm this. Your neighbor then did not build it to put the public on notice of his claim to title. If it has been over five years, has your neighbor paid taxes on it? We guess not. Did you get the extra title insurance coverage provided under paragraph 6.A(6) of your purchase contract? If you did, and we hope you did, contact your title company immediately to defend any claim the neighbor may have.
Q:My HOA has told me I must remove my house that has been condemned. If I don’t remove it, they said they will remove it at my expense and put a lien on my property. That makes the value of my property almost nothing without the house. Do they have the right to render my property valueless?
A:Fascinating question. Zoning authorities cannot take it without paying you compensation.
We have never encountered this issue with an HOA. If the property has been condemned, though, it appears the house had no value anyway.
You can also rebuild. Damages may be very tough to prove.
To send us a question visit www.AskGeorge.net and select the “Ask A Question” button. Our answers to questions do not contain legal advice. If you wish to obtain legal advice, you should consult your own attorney. George Stephens is the broker of Stephens Properties. Charles J. Jacobus, J.D. is Board Certified by the Texas Board of Legal Specialization in Residential and Commercial Real Estate Law.