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JD 1992, Attorney
Category: Estate Law
Positive Feedback: 98.7 %
Satisfied Customers: 23854
Experience: Estate Law Expert
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Husband mother has Inheritance gifted threw her young life

Customer Question

Husband mother has Inheritance gifted threw her young life farm land in family for 80 years than she receives the last 18 acres for ten dollars on deed. She keeps all property separate from second husband. She dies, her will states land goes to her children all is fine 15 years go by oil & gas company wants a lease they find the 18 acres deed and say it is community property, 2 husband died he left living trust with a friend in charge no problem. no children ect. Is the man he left his stuff to entitled to the seperate property that has been Inheritaned Or can argue with the tile company that it has always been gifted and farm is worth more than 10 dollars. would that not fall under Texas something law this guy does not know about any of this. Nor has there been any conversations. We have no idea what the second husband did with his trust nor do we care, what do we do to fix tile on the 18 acres. we have farmed for 25 years what do we do to protect our property

Submitted: 10 months ago.
Category: Estate Law
Expert:  JD 1992 replied 10 months ago.

How did she get the 18 acres? From who? Who was she married to at the time she received it?

JD XXXXXXXXX.0243743403

Customer: replied 10 months ago.

from her father they her % all other with love and affection but this last 18 acres was deeded for 10 dollars just in her and brother name than we brought out brother years ago she was married to her second husband one week :( a total gift 143 acres than the 18 ?

Expert:  JD 1992 replied 10 months ago.

She was married to her husband one week at the time the property was deeded to her? Any idea why it was separate from the other property?

Customer: replied 10 months ago.

her father gave it to her and her brother in bits and pieces we feel the title company did it wrong, it has two dates on it July 1, 1976 than signed July 1 1977 ?? we can show all other was gifted so why 10 dollars then does not make gell ?

Customer: replied 10 months ago.

It was not seperate thats just the way her father would give to her

Customer: replied 10 months ago.

that is just the way her father gave property to her and brother that was what was left !

Customer: replied 10 months ago.

are you there ?

Expert:  JD 1992 replied 10 months ago.

I'll be with you in just a second.

Expert:  JD 1992 replied 10 months ago.

We are helping a number of different customers and sometimes it will be a little while before I can get back to you.

How many total deeds were done to her and over what period of time?

You mention that you think "the title company did it wrong", what do you think they did wrong?

Customer: replied 10 months ago.

she was deeded 6 times than the dates on the last one July 1 1976 signed and recorded July 1, 1977 just out of whack and just in her name

Expert:  JD 1992 replied 10 months ago.

Based on the facts you've given then the property that was deeded to her for $10 was not separate property, it would have been community property since it was deed to her during marriage.

You could challenge its status and claim that it was a gift but it may be too late, depending on exactly what happened and when. If it was ever addressed in the probate court then whatever it said would control and the only way to get the entire ownership of it now would be to buy the other person out.

If no court has EVER addressed the property then your husband could file a Suit to Quiet Title and ask the court to rule that the original deed was equivalent to a gift and that therefore it was not community property but was instead separate property. If the court issued the order then that would resolve any issues that anyone, including the oil and gas company, would have with the ownership.


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JD 1992, Attorney
Category: Estate Law
Positive Feedback: 98.7 %
Satisfied Customers: 23854
Experience: Estate Law Expert
JD 1992 and 2 other Estate Law Specialists are ready to help you
Customer: replied 10 months ago.

We need to get this Done ASAP Hansford county Texas and Ochiltree County we need a lawyer that will get er done :) can you help ?

Expert:  JD 1992 replied 10 months ago.

Unfortunately, the rules of the site specifically prohibit any expert from taking any work that starts through the site.

However, you shouldn't have any problem finding someone to do this. Anyone who does litigation or real estate litigation should be able to handle it and since it is a fairly rural county you can get it resolved pretty quickly.


If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.

We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. When looking at the answer I ask you to bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.

PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.

I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.

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