Daughter won’t pay on ‘gifted’ house

Q: Several years ago, we “gifted” a home to our daughter, and she “gave” us monthly mortgage payments every month based on a 30-year amortization schedule. Never dreaming she would ever renege on our agreement, she now says the home was a gift under Texas law, and she refuses to make the monthly payments.

Should we take legal action, or are we out a large six-figure source of retirement income?

A: Under a law known as the Statute of Frauds, the agreement with your daughter needed to be in writing to be enforceable, but there is an exception that appears to apply in your situation. A court will enforce your agreement if you can prove your daughter made a promise, and her failure to keep that promise has caused you definite and substantial injury.

You should hire an experienced real estate attorney to take legal action.

Q: My brother died three years ago with a simple handwritten will leaving everything to his wife. His estate consisted solely of a paid-for home in Sugar Land. His wife never probated the will because she is so strapped for money. Heirs include two sons and two stepsons.

Can she forgo probating the will if all the heirs sign quit claim deeds to the home? Is there another option?

A: Signing quit claim deeds is not the solution. And because there are children from other marriages, using a small estate affidavit or even an affidavit of heirship are not viable options. The best way to clear up title is to probate the will.

Your sister-in-law might qualify for free legal aid, or perhaps she can obtain a home equity line of credit to pay the legal fees.

Q: My 2007 car has had a recall on air bags. I was told not to drive it until repairs have been made. Two months ago, the dealer gave me a rental car, but my car has been sitting under my carport for months. I do not like the rental car they have given me. I want my own car back. They tell me this recall could take another two to three months. Please help me get my car back.

A: There’s nothing I can do to help you get your car back.

You would think the simple fact that providing you a rental car for four to five months, or possibly longer, is really expensive, and eliminating that expense would be all the motivation they need to get your air bags fixed.

But maybe insurance, the air bag manufacturer or even the car manufacturer is paying for the rental, and that is why they are not motivated to act quickly.

I recommend calling a manager at the dealership every day to check on the status. You may not ever get your calls returned, but that might cause the dealership to move you to

the top of the list.