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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 4839
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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My and my siblings mother died recently, and after our father.

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My and my siblings mother died recently, and after our father. We have (Had) a large, family owned and managed botanical preserve in Tyler County, Texas (S.E Texas - Closer to Beaumont than the actual City of Tyler). Prior to her death, she had assigned a recorded Warranty Deed (surface area only) to the board of directors, and that assignment is still within the 4 yr. Statute of Limitations. She did this because she finally realized the excon we had been warning her about, made a take over move, prior to her becoming seriously ill and after he filed all the legal documents and assigned himself the title of Registered Agent with the Texas Secretary of State yet listed her as agent when he filed for and was granted the 501-C Status. I'm not concerned about the outcome of the case as I have over 500 pages of her letters, regretting ever listening to them and asking for them to deed the place back to the family, as she only did this to get out of paying taxes not knowing what she was signing. The name of the place changed as the word "Family" was removed from the legal Name and a ragtag, inexperienced Board of Directors was compiled as the excon had control and a checkbook for a $100,000 account. The chaos that ensued, resulted in his, another board member and HER verbal resignation, assigning one of the OTHER board members the title of President after she let everyone know his record. The estate wants it back as we have been pushed off and away. I am filing "Pro Se" and need to know if I file in the District Courthouse in Woodville or the Federal Courthouse (IRS is involved due to the 501-C) located in Tyler with a satellite Federal Courthouse in Beaumont. I need to contest the legal transfer of the Deed ( property is in Tyler County) and the formation of the non-profit (Secretary of State in Austin) - I have access to a family residence close to Beaumont and the property as well as my home in Austin...We can not afford an attorney but I have had enough real estate court room experience over my 38 yr career, that I am competent enough to file the Original Petition and research case law through online sources but don't know if I can do this with one petition in the Federal Court in Beaumont or do I have to contest the Deed in Tyler County's District Court and the 501-C here in Travis County (Austin)?
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Irwin Law replied 10 months ago.

Hello, and thanks for submitting this question. I will try to assist you today. I am not sure that I grasp the entire scope of your question. One part involves challenging the validity of a deed. Disputes over title to real estate are governed by state law exclusively. Therefore, a suit to void a deed must be filed in the Tyler County District Court. I am not sure what your federal issue is. I am not clear on what that issue is, or why you think the IRS itself would be a party. You mention a 501 c status filing. If you are challenging the authority of a person to act for a corporate entity in filing the application, that would also be a state court issue. If the same parties are involved in both the deed and corporate authority issues, only one state court action would be required.

I hope that this information is helpful. If you need further information, please just send me a reply asking for clarification. After that, I hope you will enter a positive rating so that I will be credited for assisting you. Also, be sure to verify this information with a local attorney who is familiar with your local laws and procedures. Thanks again for using this service. Your business is appreciated.

Customer: replied 10 months ago.

I'm certainly satisfied with your answer and will note that ...but to answer your question...


 


The 501-C and the tax free non profit that was physically set up online, with the IRS, by the excon, making himself "Registered Agent", allowed for 3 years of County taxes to be exempted...and that exemption as a non profit affects federal income tax laws


 


The federal stipulations of operating with the 501-C, requires that the property can only be transferred to another 501-C with the same agenda, if that "group" dissolves or disbands. So I assumed I would need to file a petition in federal court to remove any tax liability from our family during the time this "group" was responsible for federal taxes.


 


But the same person WAS involved with both issues and the issue can be addressed with the district court and the final orders, out of court with the IRS... Then I understand and am satisfied... Thank you

Expert:  Irwin Law replied 10 months ago.

You're welcome. But I don't believe that you can sue IRS or anyone to "remove any tax liability from our family during the time this "group" was responsible for federal taxes." Before you spend a lot of time trying to do that, you might check it out with a good tax lawyer. A positive rating would be appreciated.

Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 4839
Experience: Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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