I have been living in a house my mother owns for the past 10 years. She has been promising to give it to me, but her new husband talked her into making me buy the house.

Q: I have been living in a house my mother owns for the past 10 years. She has been promising to give it to me, and I have paid the taxes and insurance for the last five years. She recently got married, and her new husband has talked her into making me buy the house. I'm OK with that, except the garage isn't finished, the roof leaks and there is mold growing in the walls. The shed is full of old junk as well. What can I do so that my son and I aren't put out on the street?

A: You need to insist upon paying a fair market price for the home. If the home would be worth $250,000 without the needed repairs, but it will cost $75,000 to make the repairs, you should agree to pay only $175,000. Or you could insist that your mother make all the repairs before you buy it.

You should hire a real estate attorney to represent you to prepare or review all paperwork you will be required to sign.

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Q: Who can notarize a will that was filled in from the internet? I asked my bank, and they said only lawyers can notarize wills.

A: You can use any regular notary to notarize a will. You don't need a lawyer.

However, be aware that notarizing a will is not the same as having a self-proved will. A self-proved will requires that you add certain specific wording, plus you need two disinterested witnesses who would also sign in the presence of the notary.

Not all notaries will be comfortable notarizing a document that you filled in from the internet. Without seeing what you prepared, it's not possible to know whether you have created a valid form. For a will form that is authorized for use by the Texas Supreme Court, go to www.texaslawhelp.org.

When it comes to writing a will, it's a good idea to hire an attorney who is licensed in Texas who can provide advice based on the specific details of your situation and who can prepare a document that meets all legal requirements under state law.

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Q: I am 88 years old. I have a house, plus about $1.3 million in a brokerage account that is presently payable to my only daughter as the transfer on death beneficiary. My daughter is unable to handle the account, so I would like the account to pass to her in a way that she can't control it. As for my house, I am setting up a transfer on death deed. What are my best options?

A: You have only one good option, and that is to leave your house and account to a trust that benefits your daughter, with a trust company or some trusted relative or friend as trustee.

An estate planning attorney can prepare this document for you.

The information in this column is intended to provide a general understanding of the law, not legal advice. Ronald Lipman of the Houston law firm Lipman & Associates is board-certified in estate planning and probate law by the Texas Board of Legal Specialization. Email questions to: stateyourcase@lipmanpc.com.

QOSHE - Mom promised the house, now her husband wants me to pay - Ronald Lipman
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Mom promised the house, now her husband wants me to pay

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20.02.2024

I have been living in a house my mother owns for the past 10 years. She has been promising to give it to me, but her new husband talked her into making me buy the house.

Q: I have been living in a house my mother owns for the past 10 years. She has been promising to give it to me, and I have paid the taxes and insurance for the last five years. She recently got married, and her new husband has talked her into making me buy the house. I'm OK with that, except the garage isn't finished, the roof leaks and there is mold growing in the walls. The shed is full of old junk as well. What can I do so that my son and I aren't put out on the street?

A: You need to insist upon paying a fair market price for the home. If the home would be worth $250,000 without the needed repairs,........

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