Do I need a real estate lawyer or can do it on my own?

[chong67]

What is the name of your state (only U.S. law)? Texas

1. My dad pass away in Jan this year. We had a will by him and we use a computer software and we use non family witness and a eye witness notary also. We have this will.
2. My dad will says the property is pass to me, not my mom. My mom is still alive.
3. The property have two owners, one in my aunty name and one in my dad's name. Title is paid off and clean.
4. The portion of my dad need to be pass on to me.
5. I have never bought a house or property before and I am not comfortable of doing a General Property Deed. (Quckclaim deed is OK, but not reliable right?)

Question: Should I get a real estate lawyer? A real estate agent?

If I do see a lawyer, I will ask them to put it in writing to do this specific task and how much?

Any other advice?

Thanks!

 

[NC Aggie]

What is the name of your state (only U.S. law)? Texas

1. My dad pass away in Jan this year. We had a will by him and we use a computer software and we use non family witness and a eye witness notary also. We have this will.
2. My dad will says the property is pass to me, not my mom. My mom is still alive.
3. The property have two owners, one in my aunty name and one in my dad's name. Title is paid off and clean.
4. The portion of my dad need to be pass on to me.
5. I have never bought a house or property before and I am not comfortable of doing a General Property Deed. (Quckclaim deed is OK, but not reliable right?)

Question: Should I get a real estate lawyer? A real estate agent?

If I do see a lawyer, I will ask them to put it in writing to do this specific task and how much?

Any other advice?

Thanks!

Based on the information you provided, I believe you would definitely need to hire an attorney and you may need a separate probate lawyer and real estate lawyer. I would first start with the probate lawyer to verify the validity of the will. A notary doesn't establish the validity of a document, only that it is signed by the person listed on the document.

Additionally, even though your mom's name isn't listed on the deed, she may still be entitled to a stake in the property if your dad's stake was obtained after they were married. So there's the possibility she may have to relinquish her stake in the property. You also indicated your aunt's name is on the deed, was the property purchased by your dad and aunt or was it passed on to them from their parent(s)? Who currently lives on the property and is it your desire to maintain your dad's interest in the property or do you desire to sell the property?

 

[chong67]

Based on the information you provided, I believe you would definitely need to hire an attorney and you may need a separate probate lawyer and real estate lawyer. I would first start with the probate lawyer to verify the validity of the will. A notary doesn't establish the validity of a document, only that it is signed by the person listed on the document.

Additionally, even though your mom's name isn't listed on the deed, she may still be entitled to a stake in the property if your dad's stake was obtained after they were married. So there's the possibility she may have to relinquish her stake in the property. You also indicated your aunt's name is on the deed, was the property purchased by your dad and aunt or was it passed on to them from their parent(s)? Who currently lives on the property and is it your desire to maintain your dad's interest in the property or do you desire to sell the property?

1. My mom is still alive (both never remarried) and that is why I want to get this thing done properly while she is still alive and capable. It is my desire to get to get it done right so when my mom is gone, I dont want to have doubt from buyer when I sell it.
2. My dad will say the properties is given to me in his will, not my mom. As said on the #1 post, the will is done using a compute software with 2 non family eye witness and a public notary witness.
3. The property is in my aunty and my dad name now and they both purchase it many years ago. My dad portion is going to my name. My aunty portion is going to hers. Do I have to redo the Property deed?
4. There are two properties, one is a mobile home rented and the other one is where my mom and aunty is staying now. They are in my dad and aunty name.

Thanks.

 

[Zigner]

1. My mom is still alive (both never remarried) and that is why I want to get this thing done properly while she is still alive and capable. It is my desire to get to get it done right so when my mom is gone, I dont want to have doubt from buyer when I sell it.
2. My dad will say the properties is given to me in his will, not my mom. As said on the #1 post, the will is done using a compute software with 2 non family eye witness and a public notary witness.
3. The property is in my aunty and my dad name now and they both purchase it many years ago. My dad portion is going to my name. My aunty portion is going to hers. Do I have to redo the Property deed?
4. There are two properties, one is a mobile home rented and the other one is where my mom and aunty is staying now. They are in my dad and aunty name.

Thanks.

This makes things even MORE complicated. See an attorney.

 

[NC Aggie]

This makes things even MORE complicated. See an attorney.

I would agree, definitely sounds too complicated for you to go at it alone. There will be some costs upfront but it will be worth it in the end.

 

[chong67]

How do I go about finding a attorney?

It doesnt have to be specialized in real estate?

Ask them the price for specific task in writing? I dont want to get bill by the hour. hehe

Thanks!

 

[Zigner]

How do I go about finding a attorney?

It doesnt have to be specialized in real estate?

Ask them the price for specific task in writing? I dont want to get bill by the hour. hehe

Thanks!

www.attorneypages.com or the state BAR should point you in the right direction. Look for an estate attorney. If that's not the right choice, then ask the attorney for suggestions. As for the price and billing policies...you'll have to discuss/negotiate with the attorney.

 

[chong67]

Hello.

I just called a lawyer. She said original consultation free is $250 an hour.

They need up front fees of $2800 and she said its normally enough to cover everything.

1. She also say if it needs to be probate or not. My dad got a will.

2. She says if it is contested it will cost more. It will not be contested.

All the properties are paid off many years ago.

Need advice.

Thanks.

 

[Zigner]

Hello.

I just called a lawyer. She said original consultation free is $250 an hour.

They need up front fees of $2800 and she said its normally enough to cover everything.

1. She also say if it needs to be probate or not. My dad got a will.

2. She says if it is contested it will cost more. It will not be contested.

All the properties are paid off many years ago.

Need advice.

Thanks.

Call a few more attorneys and then take the one that you are most comfortable with - not just based on price.

 

[chong67]

Call a few more attorneys and then take the one that you are most comfortable with - not just based on price.

Thank you Zigner for your reply.

I have called 5 lawyers. Everyone of their voice mail are full n I cant leave a message. This lawyer I call said he is not available until 21st and everyone is on spring break next week. LOL I still have faith that are a few good lawyers out there and do for reasonable cost?!?!