Do***entation To Prove Valid Interest In Real Estate?

lordsofillusion · #1 11-11-2007, 02:13 PM

What do***ents are rquired and where do I obtain them, to prove/protect my mother's life estate interest in Texas real estate as set forth in my grandfather's Will?

He's second wife's Will has tried to deny my mother's interest and my cousins are now attempting to sell said interest.

Any information will be greatly appreciated. Thank you for your consideration of this matter.

andrewmitch · #2 11-12-2007, 12:08 PM

I am not sure if this helps but the Texas Homestead Act exemption for Real Estate is unlimited. In other words, if you are sued in Texas your house is off-limits; at least that is what I think it means.

dreloc · #3 11-12-2007, 06:06 PM

Put your Grandfathers Will inside of an affidavit and give them 3 days to respond then record it on a ucc1 making your stepmother the debtor and record it in the real estate records in the county on any real-estate that he owned in his estate....and then get ready for a fffffffffffamily feud. lol...That will get their attention and put you in first lien position.

Shoonra · #4 11-13-2007, 04:42 AM

Something depends on whether your Granfather owned the property all by himself or whether he merely shared the ownership with his last wife. If he was the sole owner, then he could bequeath a life interest to your mom. But if his wife was a concurrent owner with him, then she inherits the entire property immediately and automatically and your grandfather couldn't give it or an interest in it to anyone else.

This might be decided, depending on the laws of your state, on either the text of your grandfather's deed or on the community property laws of your state.

dreloc · #5 11-13-2007, 05:32 AM

Or else you can cut through the crap and file a lien against them...then do a reverse foreclosure.

KarenM · #6 11-13-2007, 05:37 AM

What would be the basis for the lien?

rottweiler · #7 11-13-2007, 07:33 AM

Do what Shoonra says in this instance. Go down to your county recorder of deeds and get a certified copy of the deed. If the 2nd wife isn't on it tell your mother to hire a good attorney. The second wife will pay the attorney's bill after he gets done with her.

Quote:

Originally Posted by lordsofillusion

What do***ents are rquired and where do I obtain them, to prove/protect my mother's life estate interest in Texas real estate as set forth in my grandfather's Will?

He's second wife's Will has tried to deny my mother's interest and my cousins are now attempting to sell said interest.

Any information will be greatly appreciated. Thank you for your consideration of this matter.

dreloc · #8 11-13-2007, 08:08 AM

Please explain...why he needs an attorney to secure his mothers position

Shoonra · #9 11-13-2007, 08:49 AM

I would presume that the cost of an attorney is worth saving the mother's home ... and that the mother cannot handle this case all by herself.

I worry when Rottweiler agrees with me. It's one of the signs of the apocalypse.

dreloc · #10 11-13-2007, 02:22 PM

Quote:

Originally Posted by KarenM

What would be the basis for the lien?

The lien would put you in first position so if they ever tried to sell the property you would get paid first... But if it was me I would send my affidavit to the to the "Trust Registered Agent".. Turning the Trust into the debtor...