If someone dies and has a mortgage, can the bank foreclose and sell the property to pay off the mortgage? This is a common situation that arises and question that we get, as Houston probate attorneys. The short answer is that, yes, the bank can foreclose, but the heirs are not without remedies. There are…
Category: Probate Law
Can You Revoke a Joint Lady Bird Deed?
Lady Bird Deeds are a popular estate planning tool in Texas that allow property owners to retain a life estate while transferring their property to a designated beneficiary upon death. The key benefit is that they can be revoked if situations or desires change. But what about joint Lady Bird Deeds executed by both spouses? …
When an Uncle Marries a Niece: Can the Niece Inherit as a Surviving Spouse?
Lifetime transgressions can and do often come to a head when someone dies. This can include a variety of family issues, including those that some may consider taboo. Take the example of where an uncle purports to marry his niece. Texas law does not allow such a marriage, but, apparently, some jurisdictions do. What happens…
Contracts Entered Into by a Person Who Lacks Mental Capacity
What happens if someone enters into a contract to sell property, but there is evidence that they have some mental capacity issues? What if the mental capacity issues are serious, like dementia, and they are so significant that they warrant the appointment of a guardian shortly after the contracts are entered into? Are the contracts…
Evicting a Beneficiary from Probate Property
When it comes to Texas probate, there are some common disputes that can be exceedingly difficult to navigate. One of these is the situation when an executor is obligated to sell real estate and distribute the proceeds to more than one beneficiary, but he or she cannot do so as there is someone living in…
About Court Sanctions in Texas Probate Cases
When you make a filing with the courts or enter an appearance, you are subjecting yourself to the rules of the court. Litigation is a serious matter. It has real-world consequences, like sanctions, which can be very serious. The courts have a number of laws and rules at their disposal to ensure that the parties…
Texas Probates & Property Purchased in Another Person’s Name
If you are expecting a legal problem, you may take steps to move property to others. This may include buying property in the name of a third party. Take for instance a pending divorce or demand letter for a lawsuit that you might lose. Or maybe it is an unpaid IRS debt that continues to…
Common Law Marriage & the Race to the Courthouse When the First Spouse Dies
The statistics show that fewer and fewer people are getting married. It is much more common for those who are in a relationship to simply forego the legal or formal process to get married. This can have a number of unforeseen consequences. Take the case of a couple who held themselves out as being married…
Can a Bank Foreclose on an Inherited Property?
The foreclosure process can be complex. It can be even more complex when the person who takes out a mortgage dies and the property passes to their beneficiaries or heirs. This can raise questions about the legal and financial responsibilities of both the inheritors of the property and the lender. Who is responsible for the…