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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 38936
Experience:  Texas Attorney for 30 years dealing in real estate
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I was deeded some property in 2012 in Texas. The previous

Customer Question

I was deeded some property in 2012 in Texas. The previous owner and I agreed that he would live in the house until his death (cancer). Was his friend for 35 years and took care of him from Sept 2012 to March 2013. After his Dr.'s told him he wouldn't make X-mas 2012 he made a new will and didn't want him propert as part of his estate. He make a new will in Oct and Deeded his property to me in Nov 2012. He worked in Nov when the deeds were signed. I waited until Feb 2013 to registered the deeds just to make sure he didn't change his mind and want his children to have the property. After finding him in bed with is 14 yr old daughter asleep and he was watching porn I came unglued. He treatened me and said if I said anything that he would make sure I paid for it. I stopped carding for him in March 2013 and went back to Wisconsin. I recieved a call from his wife in April that he touched his daughter in a wrong way and hey we're going to fort over it. They did. He was found guilty but recieved a slap on the hand. He called me furious and said I would be sorry for telling the ex wife about what he did........ Ok, here comes my problem. He went out of control after I left. He lost his government job over the situation with his daughter and than fled a lawsuit against me stating I drugged him and made him sign the deeds. Also he states he knew nothing about the deeds until after they were registered in my name. We took the papers to his lawyer to proof read them ahead of time . She said she would testify for me in court because he is lying. He had 4 counts of terriostic threats against him and was being tried for all them on Jan.2014. He shot himself 1-1-2014. When the Dallas med examiner was taken him away his son moved into the house. I filed suit Jan 2014 to get him out but the sheriff (a family friend) won't get him out. He says while the deeds are in question he can stay. I have continued to pay the taxes and septic permits on the property. But I can't get anyone to work in this case. They all act as if when enough time passes I may forget about it........not happening....please tell me what to do. Lawyers on both sides aren't doing a thing. The last papers that was filed in the court was 07-15. How can I get someone to do something. And how can I get him out of my house.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  legalgems replied 1 year ago.

You mention you cannot get anyone to work on this case; have you tried out of county attorneys? I can provide you with legal information as to the issues, but am not able to personally represent you. Is that what you were looking for?

Customer: replied 1 year ago.
I need legal advise on how to get the lawyers moving on this case. And why they are stalling. I want in my house. I'm paying the taxes and septic permits every year for the past 5 years and can't get in my house. WHY?
Expert:  legalgems replied 1 year ago.

I see; I thought you were looking for substantive information pertaining to the rights of the homeowner. Let me opt out so someone else can assist you on this that may have more information available.

Customer: replied 1 year ago.
The son was to pay house ins while he is there and while this is still in court but he stopped paying any ins in May of 2015 and now my house is not insured and I keep asking my lawyer to ask the judge if I can insure the house but can't get anywhere.
Customer: replied 1 year ago.
I am looking for rights as a home owner. How can I get someone to help me
Expert:  Ray replied 1 year ago.

Ray a new expert here.

You should consider a new lawyer here and an change in direction.If your lawyer has not done anything on this case in a year that indicates as you state they are trying to force resolution.You have the right to have the matter set for hearing on the merits.I do not understand why a Texas lawyer would do nothing like this on your behalf.

You have right to terminate the lawyer, hire a new one and a get a trial setting here.You should not be denied your right to a day in court and get some resolution.There is no chance of a settlement unless you get this set for trial and moving forward.You can terminate lawyer by letter and asking for immediate return of your files.

Expert:  Ray replied 1 year ago.

You can locate a new lawyer here through our state bar.

https://www.texasbar.com/AM/Template.cfm?Section=Lawyer_Referral_Service_LRIS_

Expert:  Ray replied 1 year ago.

I can do unlimited chat here, not yet set up for phone calls, wills send you offer.

Customer: replied 1 year ago.
How would you handle this case. I was presented eith a video deposition that was taken before the man died. He accused me of drugging him and making him sign the deeds at te bank . I have proof that he infact worked an 8 hour day that day and i have his time card from eork
Customer: replied 1 year ago.
The kid is now claiming inherritable tights
Customer: replied 1 year ago.
Rights, sorry
Customer: replied 1 year ago.
Is there a time frame and law that is on his side by staying in the house this long
Customer: replied 1 year ago.
Im trying to except your offer but cant get the Accept button to work
Expert:  Ray replied 1 year ago.

The lawyer and his staff including notary are your best witnesses here.They all new him and his capacity at time of signing and his desire that you have the property.

Customer: replied 1 year ago.
You are 100% correct. And they will testify for me, its just I cant seem to get anyone moving on this. Is there someone I can contact at the court house or is that over stepping my bounds
Expert:  Ray replied 1 year ago.

You may consider a bar complaint against your old lawyer once you change lawyers.

https://www.texasbar.com/AM/Template.cfm?Section=Problems_with_an_Attorney&Template=/CM/HTMLDisplay.cfm&ContentID=23739

I am totally concerned that your lawyer has not deposed the lawyer or his staff to prepare your case here to support the deed.That would be the next step in getting this ready for trial.These are witnesses that support you and also may induce them to settle here.The status quo is not acceptable where the other party is living in the house and yet you are paying taxes.A change of direction is needed.

Customer: replied 1 year ago.
Im listening, I know the other side is trying to wear me down. I really need to know what the directions are and how to make sure they are getting done
Customer: replied 1 year ago.
She hasent deposed the lawyer that we took the papers to before he died snd I know the notery at the bank has not been deposed yet. I have asked my lawyer numerious times to get this done but dhe hasn't
Customer: replied 1 year ago.
Dont you hate auto spell correct... Lol
Expert:  Ray replied 1 year ago.

The dead man rule here is bound to be an issue whether this deposition is allowed in as evidence if you were not allowed proper cross examination..

https://judgebonniesudderth.wordpress.com/2012/04/11/the-dead-mans-rule/

If you can positive rate it is always much appreciated.

The Dead Man Rule here in Texas may allow your lawyer to object to the deposition if your lawyer was not able to cross examine them, here is reference to that.

https://judgebonniesudderth.wordpress.com/2012/04/11/the-dead-mans-rule/

If you can positive rate it is always much appreciated.

Customer: replied 1 year ago.
I have truly gotten more answers with you in a few minutes than a couple years eith my lawyer.... Please keep going,i'm listening to every word
Expert:  Ray replied 1 year ago.

Trish you are so welcome.I sent you an offer for additional services.If you accept will answer any questions and all questions you have here.It is not a problem.Thanks again.

Customer: replied 1 year ago.
The dead man rule says, if i read it right, that it only applies in civil cases, . I was served papers after he died that are illeged criminal charges. Saying i druged him and caused him bodily harm when the papers were signed. I know all this is a lot for you in a few minutes . But also in the Video he states he helped President Jimmy Carter develope the neutron bomb and that the same day that the papers were signed he took care of a medical bill at Baylor in Dallas for $800,000. He was retired military, all his medical bills were paid for
Customer: replied 1 year ago.
I need you to resend the offer
Expert:  Ray replied 1 year ago.

Done, thanks.

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