A neighbor’s big tree teeters over my property: What can I do?
Q: The house directly behind ours has been vacant for 3 1/2 years. The problem is an enormous oak tree that is leaning precariously. If it falls, it will hit another neighbor’s house and the huge branches will hit our fence and garage. We have called and texted the owner many times and have gotten no response from him. Our homeowners association will do nothing. Is there a solution to this problem for us?
A: One option for you and your neighbor whose house could be hit by the falling tree is to hire a professional tree trimming company to cut back the branches of the tree all the way to each of your property lines. That way, the tree will be less likely to cause damage should it fall.
You didn’t mention whether the tree is healthy or not. You could, in theory, be sued by the tree’s owner if it is healthy and dies as a result of the trimming, but this is a risk you will need to assess. If the tree is unhealthy, you should be sure to document that fact in case you are questioned or sued after you trim it.
Since your attempts to contact the owner have failed, another option would be for you and the same neighbor to hire an attorney to make the call or write a letter. An attorney might have more success since it will demonstrate that you and your neighbor are serious about addressing the tree issue. This second option might even cost less than trimming the tree yourself because if your attorney is successful, the owner might agree to remove or trim the tree at his expense.
Q: My niece’s husband died, and his $75,000 life insurance policy was payable to his mother. She died a few weeks later and left the $75,000 to her husband. He refuses to give the insurance money to my niece. He hired a lawyer who has
asked my niece to sign a form that she doesn’t understand. My niece spoke to an attorney who wants $1,500 to call the other attorney. What would you advise? Can she get any of the insurance?
A: Your niece might have a claim for “fraud on the community” against her husband’s estate. That could be why the lawyer has asked your niece to sign a form that may be a release where she gives up her rights. It would seem there is a chance your niece could claim some of the money. For instance, she might agree to sign the form in return for a percentage of the proceeds.
It is unclear whether your niece should hire the lawyer who wants $1,500. Ideally, she should hire a probate litigation expert. Of course, the problem for your daughter is that probate litigation typically involves far more than a $75,000 life insurance policy. Therefore, it may be difficult for her to find an expert who will charge a small enough fee to make it worthwhile to pursue her claim.
The information in this column is intended to provide a general understanding of the law, not legal advice. Ronald Lipman of the Houston law firm Lipman & Associates is boardcertified in estate planning and probate law by the Texas Board of Legal Specialization. Email questions to: stateyourcase@lipmanpc.com. *