• Selling or buying property
• Residential or commercial
• FSBOs (For Sale by Owner)
• Investment Properties/Wholesalers
• Creation of LLCs
DO NOT USE IN TEXAS. We cannot stress this enough.
Regulated by Texas Department of Insurance. Keever & Wiesenthal is a dba of Keever Law PLLC, which acts as a fee attorney for American Title Company of Houston. As a fee attorney office, Keever Law can act as escrow agent between the buyer/borrower and seller/refinancer of real property.
If you are willing to finance a property for another, you need to prepare the correct documents which contain the language that will protect you and your collateral. A Note is the document that will lay out the terms of the loan. The Deed of Trust is the document which the Buyer signs that gives the Seller/Lender the legal right to use or repossess the collateral in the event of a default on the Note. Your collateral for the Note is the property you are selling. The Deeds, sometimes referred to as Warranty Deeds or Special Warranty Deeds, are the documents which convey title in the property from the Seller to the Buyer.
A Lady Bird Deed (Life Estate Deed or Enhanced Life Estate Deed) is a document that provides the Grantor the ability to give an interest in real property to another while retaining certain rights (a life estate).
A Transfer on Death Deed is a document that is filed in the real property records before you die to state that upon your death you want the real property to be inherited by a designated party. There are special limitations that must be considered.
Per the Texas Constitution, all Property (real or personal) acquired during marriage is presumed community property unless received by gift, devise or descent.
Property that is owned prior to marriage or is received as a gift, by a Will or trust distribution, or based on the laws of descent and distribution (inheritance without a Will).
Yes. If you don’t have a Will or other estate plan, who inherits your property is a “it depends” scenario that starts with the question of is it Community Property or is it Separate Property. This is a big concern as the characterization of Property (community or separate) affects your Estate Planning, your Probate and your ability to sell property.
In Texas, do NOT. First, a quitclaim is not a Deed (conveyance). It is a document stating that IF the grantor owns an interest in the property, they relinquish their interest to the other party, but they do not convey anything. There is a 2021 statute that now states that after 4 years on file in the real property records, the quitclaim will be considered prima facie evidence of a conveyance, but it is still vulnerable to attacks.
Yes, but there are very specific guidelines that must be followed and it is easier to have a Will or a TODD.
There are several considerations before doing so. Please call Pam to discuss.
If it is the right option for you, yes.