Home Buying in 78230>Question Details

Pammie, Home Seller in 78230

My brother is buying me and my 4 siblings out of deceased mother's land because the house is not worth anything. The house deeds were in my name

Asked by Pammie, 78230 Sat Jul 24, 2010

and my mother's name. He is making me pay half of the lawyer fees, apprasial fees and death certificate fees. Can he do this?

Help the community by answering this question:

Answers

8
Does a will exist--how was the value of the home established--you may wish to consult with an attorney of your own, before moving forward--he/she will be your best source of advice.
0 votes Thank Flag Link Sun Jul 25, 2010
What has the court ordered?
If the court already awarded everyone the divisions and now this is a private transaction between two people, you can agree to what you want. You should make a contract to determine who pays what. Likely the title company can help your write a contract.
Perhaps if you are giving the land or house he should pay. If he is buying it from you then perhaps you should split.
Why is he getting an appraisal? Is he getting a loan? If so perhaps that part should be at his expense.
This can all be outlined in a contract.
Web Reference: http://www.teamlynn.com
0 votes Thank Flag Link Sun Jul 25, 2010
Bruce Lynn, Real Estate Pro in Coppell, TX
MVP'08
Contact
Hi, Pammie,

If the house isn't worth anything, then why is he buying it? If the properties are in 78230, they are probably worth quite a bit. To avoid family squabbles and to protect all parties, the Sale Agreement should be handled by a board-certified Real Estate Lawyer. If the deed is in your name, with right of survivorship, you may own the home outright. No one can "make you" pay anything you don't agree to. There are too many factors involved to do this without proper counsel.

You need to clarify Title Issues, get a competent Appraisal from an independent professional appraiser, and make sure that all parties are being treated fairly and equitably. If you need a referral to a competent attorney or appraiser, contact us. We'll be happy to point you in the right direction.

Doc and Ellen Stephens, REALTORS®
Keller Williams Realty
10999 IH-10 West (@ Huebner), Suite 175
San Antonio, TX 78230
(210) 696-9996, ext 409
Web Reference: http://TellEllen.com
0 votes Thank Flag Link Sun Jul 25, 2010
If there is a will, it will prevail. If there is no will, Texas law will prevail. You state the house deeds, are there more then one deed? Are you and your mother's names the only ones on the deed(s)?
You need to get to an attorney right away. The attorney will probably have, at least, a Broker's Price Opinion done to establish value. I have handled several BPOs for an attorney and courts usually accept that valuation. But all the answers are saying - Go to an Attorney. Please do that right away.
Ralph
0 votes Thank Flag Link Sat Jul 24, 2010
Was the house deeded exclusively to you?

Was it deeded in equal parts to each heir?

The thing is that no one can make you pay for anything. They can request, you can deny.

If the house is in 5 names it would make sense for each owner to pay 1/5 of the lawyer fees involved.

the appraisal fee is something the one wants, they should pay for it.

Death certificate fees, probably split those 5 ways also being fair.

Today in many areas many buyers are asking for (and getting) closing costs. That may mean that the above fees are not an outrageous request. This is truly something you have to decide.

It will come down to being fair to everyone or holding onto every last nickel just because you can. What you choose is a personal decision. You may see it as fair to go one way and be right. You may decide something different. Is it really worth getting everyone upset over a few $$ here? That is the real question to deal with.
0 votes Thank Flag Link Sat Jul 24, 2010
Best to confer with an attorney settle this dispute SOOOO many unknowns best have a professional review all the documents and etc.


Lynn911 Dallas Realtor & Consultant, Loan Officer, Credit Repair Advisor
The Michael Group - Dallas Business Journal Top Ranked Realtors
972-699-9111
http://www.lynn911.com
0 votes Thank Flag Link Sat Jul 24, 2010
Hi Pammie-Talk to a Lawyer ASAP!!!-Good Luck!-Larry Sotoodeh
0 votes Thank Flag Link Sat Jul 24, 2010
It will depend on the will and many other things. I strongly suggest you seek legal advice.
0 votes Thank Flag Link Sat Jul 24, 2010
Search Advice
Ask our community a question
Email me when…

Learn more

Copyright © 2014 Trulia, Inc. All rights reserved.   |  
Have a question? Visit our Help Center to find the answer