It’s just one house, but it’s sitting on separate tracts of land
Q: My sister and I inherited some land from our parents. There is a house on the property, but about one-fourth of the house sits on land owned by our neighbor. How will that issue be resolved when we sell? The man who owns the land next door has put some old crab traps and other things in the house. We would like to get him to remove his personal items, but we question whether we can do that since he owns part of the house.
A: You definitely need to get this matter resolved because it will be nearly impossible to sell the property if you don't.
You and your sister might try to purchase some of your neighbor's land, or you might look into moving the home so that it sits entirely on your land (of course, to move the home, you would need your neighbor's approval). You could also sell some of your land to your neighbor so that he owns the entire house.
You should meet with a real estate attorney to review all of your options.
Q: I think I need a Lady Bird deed. A person is giving me her home in her will, but I've been told a Lady Bird deed would not be as expensive as probate. If that is true, is
there someone in the 78223 ZIP code who can help me?
A: First, you probably don't need a Lady Bird deed, as these deeds are typically used when planning to protect a person's assets from seizure when the government pays for a Medicaid recipient's medical and nursing home care. A better form for you to use is probably a Transfer on Death Deed.
Second, there are many lawyers in San Antonio who can help you. If you are so inclined, you and your friend could even try to prepare and record the Transfer on Death Deed yourselves, although you might be more comfortable having a lawyer do the work. You can get the form along with instructions at www.texaslawhelp.org.
It is possible that a lawyer might advise your friend to sign a Lady Bird deed and not a Transfer on Death Deed, but that depends on many other factors that you did not include in your question. The lawyer might also advise your friend to keep things as they are or possibly even change her estate plan to include a revocable trust.
Q: Can I handle a trespass to try title lawsuit or a statute of limitations action by myself, without a lawyer? If so, what are the steps? If not, can you recommend a lawyer in the Conroe area?
A: You will need a lawyer, preferably an experienced real estate attorney, as these matters are almost certainly far too complicated to handle yourself.
You can find board certified attorneys at www.tbls.org
The information in this column is intended to provide a general understanding of the law, not legal advice. Readers with legal problems, including those whose questions are addressed here, should consult attorneys for advice on their particular circumstances.
Ronald Lipman of the Houston law firm Lipman & Associates is board-certified in estate planning and probate law by the Texas Board of Legal Specialization. Email questions to stateyourcase@lipmanpc.com.