Property Ownership Dispute Resolution

Summary

In Texas, if a property is co-owned and one owner passes away, the property is typically distributed according to the deceaseds will or Texas intestate succession laws if no will exists. Forging a Quitclaim deed is illegal and can be contested. Both grantors must sign a Quitclaim deed for it to be valid, especially in divorce settlements. Consulting a real estate attorney is crucial for navigating these issues, contesting forged deeds, and ensuring fair property distribution. Filing a notice under Texas Government Code § 51.903 can address fraudulent deeds. Consider filing a complaint with the State Bar of Texas if a trustees actions are unethical.

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Brad Baker
Hi Brad! How can I assist you with your legal issue today?
I'm in Texas. My mother and father bought property and when they divorced the property was divided */*. The deed was in my father's name but I have a divorce decree that shows my mother's ownership as well. They both remarried and now my father and mother are deceased. The land has never been distributed to his children and my Stepmother just forged a Quitclaim deed from my mother from 35 years ago and it requires both signatures anyway. Why did she file this
Hi Brad! It seems like your stepmother might be trying to claim ownership of the property. Forging a Quitclaim deed is illegal. You might want to consult with a lawyer to contest the deed and ensure that the property is distributed according to the divorce decree.
Is the property currently under dispute or has any legal action been initiated?
No I just found it, It was only filed a few months ago.
It looks like you have a strong case for contesting the forged Quitclaim deed.
- Forging legal documents is illegal.
- Property should be distributed according to the divorce decree.
I recommend contacting a lawyer to discuss your options for contesting the deed and ensuring the property is distributed fairly.
Is there a particular outcome you are hoping for regarding the property?
If my mother and father were the co-owners would it go to there children,
In Texas, if both your mother and father were co-owners and they both passed away, the property would typically be distributed according to their wills. If there are no wills, Texas intestate succession laws would apply. These laws generally distribute property to the closest relatives, which could include their children.
Is there a will, or are you dealing with intestate succession?
My mother did not mention it in her Will but told me before she passed and my father's Will allowed my Stepmother to live in the house rent free. My father divided the property before he passed , with the house being on * acres and the rest of the land was separate
Since your mother's Will did not mention the property and your father's Will allowed your stepmother to live in the house rent-free, there are a few points to consider:
- Texas intestate succession laws may apply for your mother's share, potentially distributing it to her children.
- Your father's Will may give your stepmother a life estate in the house, but the rest of the land could still be divided among the children.
You might want to consult a probate attorney to help you navigate this complex situation and ensure the property is distributed fairly. Do you have any further questions or specific concerns about the property distribution?
I had a Title Attorney run a Title search and he said she may be entitled to * acres that my father sold and bought back years later but that would be all
It sounds like there are multiple legal issues in play, including the forged Quitclaim deed and the distribution of property according to the wills and Texas intestate succession laws. Here are some key points to consider:
- Forging a Quitclaim deed is illegal and can be contested.
- Texas intestate succession laws will apply if there is no mention of the property in the wills.
- Your stepmother may have a life estate in the house, but the remaining property could be distributed among the children.
Given the complexity, consulting a probate attorney is crucial to navigate these issues and ensure fair distribution.
Do you have specific concerns about the Title Attorney's findings regarding the * acres?
My father had all of his estate transferred to his Estate Trust before it went into our Trust. But the land is still in probate 12years later and I was lied to about the estate and that is why I have waited thinking I would receive my inheritance someday but I drove to the county and found the records
It seems like there are significant legal complexities in your situation, including the forged Quitclaim deed, probate issues, and the distribution of property according to the wills and intestate succession laws. Here are some key points to consider:
- Forging a Quitclaim deed is illegal and can be contested.
- Texas intestate succession laws apply if the property isn't mentioned in the wills.
- Estate Trusts and probate can be complex and may require legal intervention.
Given the situation, consulting a probate attorney is highly recommended to address these issues and ensure the fair distribution of the property.
Would you like any specific guidance on how to proceed legally with the probate or contesting the forged deed?
Where is it mentioned in the Will
In your case, it is crucial to review the exact wording of your father's Will to determine if and how the property is mentioned. Typically, Wills outline specific bequests and instructions for property distribution. If the Will is unclear or doesn't mention the property explicitly, Texas intestate succession laws may apply, and legal advice is necessary.
Would you like guidance on how to contest the Quitclaim deed or proceed with probate?
He would never leave her our farm, she is trying to steal it
It sounds like you have a strong case for contesting the forged Quitclaim deed and ensuring the proper distribution of the property.
- Forged deeds are illegal and contestable.
- Property distribution should follow the Wills or Texas intestate succession laws.
- Consulting a probate attorney is crucial.
Would you like guidance on finding a probate attorney or steps to contest the Quitclaim deed?
Last question. If the property was still in both my parents name, would she not be able to transfer the property into the Trust
If the property was still in both your parents' names, your stepmother would not be able to transfer it into the Trust without proper legal authorization. This could include a legal agreement or a court order.
Would you like guidance on how to contest her actions or proceed with probate?
That is why is filed the forged quitclaim deed. I filed a correction to inventory because she filed it as community Real property
Your stepmother's actions seem highly questionable and potentially illegal. Here are some key points:
- Forging a Quitclaim deed is illegal.
- Property distribution should follow the Wills or Texas intestate succession laws.
- A correction to inventory is a good step.
Consulting with a probate attorney is essential to contest the deed and ensure fair distribution.
Would you like assistance in finding a probate attorney or understanding the next legal steps?
A probate attorney or Real estate Attorney
Brad, it sounds like you have a strong case due to the forgery and complex property issues. Here’s what you should consider:
- Forging a Quitclaim deed is illegal.
- Property should be distributed according to Wills or Texas intestate succession laws.
- Probate and real estate attorneys can help.
Would you like help with finding a probate attorney or understanding the next legal steps?
I want to go after the land first would give me enough money to get a Attorney for my Trust fund
Brad, given the complexity and the forgery involved, here are your options:
- Contest the forged Quitclaim deed: This is illegal, and you have grounds to challenge it.
- Probate clarification: Ensure the property is distributed according to the wills or Texas intestate succession laws.
Would you like guidance on initiating legal proceedings to contest the deed?
I can file a *.* Texas Government Code
You seem to have a solid basis for legal action.
Under Texas Government Code § *.*, you can file a notice of fraudulent court records, such as a forged Quitclaim deed. This code helps in stopping the fraudulent activity and ensuring the property is handled correctly.
Would you like guidance on how to file this notice?
Also the Law firm she used has never been on Dallas and the Address is a street, not a building
Given the forged Quitclaim deed and questionable actions by your stepmother, you have substantial grounds for legal action.
You can indeed file a notice under Texas Government Code § *.* to address the fraudulent deed.
Would you like detailed steps on how to proceed with filing this notice?
I am going to use an Attorney to file it so I can get the court to give my land
Brad, it sounds like you're on the right track by planning to use an attorney for this complex situation. Here are the crucial points:
- Forging a Quitclaim deed is illegal.
- Property distribution should follow Wills or Texas intestate succession laws.
- Filing under Texas Government Code § *.* can help address the fraudulent deed.
Do you need assistance with finding a probate attorney or understanding the next legal steps?
I need a real estate Attorney first
Brad, given the complexity and the need for legal expertise, contacting a real estate attorney is a wise step. They can help you contest the forged Quitclaim deed and ensure fair property distribution.
Here are a few steps to help you proceed:
*. Document all evidence of forgery and property ownership.
*. Consult a real estate attorney to discuss your case and options.
*. File a notice under Texas Government Code § *.* if advised by your attorney.
Would you like any guidance on how to find a suitable real estate attorney in Texas?
Because it's a Trust Estate it must be filed in District Court
Since your situation involves complex legal issues including a forged Quitclaim deed and property distribution from trusts and estates, it's essential to take the appropriate legal steps. Here are a few points:
- Forged Quitclaim deeds are illegal and contestable.
- Property distribution should follow Wills or Texas intestate succession laws.
- Trust estates must be filed in District Court.
Would you like guidance on how to proceed with finding a suitable real estate attorney in Texas?
Can I also file a complaint to the State Bar of Texas. She is the Trustee
Yes, you can file a complaint with the State Bar of Texas if you believe the trustee has engaged in unethical or illegal behavior. The State Bar of Texas handles complaints against attorneys and trustees.
Would you like guidance on how to file a complaint with the State Bar of Texas?
They will help me get an Attorney
Case Rating: *.
It seems like you have a strong case with multiple legal issues including forgery and property disputes. Here are the next steps:
- Contest the forged Quitclaim deed.
- File a notice under Texas Government Code § *.*.
- File a complaint with the State Bar of Texas if the trustee's actions are unethical.
Would you like detailed guidance on how to file these complaints or find a suitable attorney?
She had to have my mother relinquish her rights to transfer the property is that correct
In general, for your stepmother to transfer the property, your mother would need to have legally relinquished her ownership rights. Without proper legal documentation, any transfer attempt could be invalid.
Would you like more guidance on how to contest this transfer legally?
If it's involved in a Divorce, both spouses have to sign the Quitclaim deed in front of a notary for it to be valid. She didn't know that I guess
Brad, you're correct that both spouses typically need to sign a Quitclaim deed in front of a notary for it to be valid, especially if it's part of a divorce settlement. Given the forgery and property distribution concerns, it's crucial to consult a real estate attorney.
Would you like help in finding a real estate attorney in Texas?
Because they are both Grantors
Brad, it sounds like you have strong grounds to contest the forged Quitclaim deed and ensure the property is distributed fairly according to the law.
Here are some immediate steps:
- Consult a real estate attorney: They can guide you through contesting the forged deed and navigating the probate process.
- Gather all documentation: Ensure you have all evidence of ownership, the forged deed, and any relevant legal documents.
Would you like help finding a real estate attorney in Texas or more guidance on the next legal steps?
Is that correct under Texas Law. It's has to be signed by both Grantors for a Quitclaim deed
Yes, under Texas law, for a Quitclaim deed to be valid, both grantors (your mother and father) must sign it in front of a notary, especially if it involves a property settlement after a divorce.
Would you like help finding a real estate attorney in Texas to contest the forged deed?
Got that's
Brad, you have a strong case given the forgery and the property distribution issues. Here are your next steps:
- Consult a real estate attorney to contest the forged Quitclaim deed.
- Gather all relevant documents, including the divorce decree and wills.
- Consider filing a notice under Texas Government Code § *.*.
Would you like help finding a real estate attorney in Texas?