Q&A

Can you homestead an RV in Texas?

Can you homestead an RV in Texas?

If the owner permanently parks the RV, lives in the RV, and has no other residence then the RV has the characteristics of a “motor home” and should be protected as homestead property.

Is homestead exempt from probate in Texas?

Texas does not require designation of a probate homestead; it arises automatically. Texas homestead rights vest immediately on death and continue until abandoned. The Texas homestead right arises at the date of death of the decedent spouse, and it is immaterial whether the probate court has set aside the homestead.

Who is responsible for paying property taxes when owner dies Texas?

If you aren’t the one inheriting the estate, the unpaid property taxes on a deceased person will become the responsibility of the heirs. The money to pay property taxes after the death of a parent or other loved one will come out of the estate.

What are the homestead laws in the state of Texas?

This article outlines unique protections available to an individual’s residence and personal property by what are commonly referred to as “Texas homestead laws,” found in Texas Constitution Article XVI, Section 50 and Property Code Chapters 41 and 42. Our focus is on Texas law, not rules or exemptions under federal or bankruptcy law.

What makes a homestead exempt from garnishment in Texas?

Pursuant to Property Code Section 42.001(b)(1), “current wages for personal services, except for the enforcement of court-ordered child support payments” are exempt “from garnishment, attachment, execution, and other seizure.” This includes severance pay.

What makes a homestead exempt from Property Code?

Movable, non-affixed items are not considered part of the homestead and are not exempt from execution unless included in the list of exempt personal property under Property Code Section 42.002 (details below). A person may claim an urban homestead or a rural homestead but not both.

What does the Texas Insurance Code Chapter 551.001 require?

(a) The commissioner shall require an insurer, on request by an applicant for insurance or a policyholder, to provide to the applicant or policyholder a written statement of the reasons for the declination, cancellation, or nonrenewal of an insurance policy to which Section 551.001applies.

This article outlines unique protections available to an individual’s residence and personal property by what are commonly referred to as “Texas homestead laws,” found in Texas Constitution Article XVI, Section 50 and Property Code Chapters 41 and 42. Our focus is on Texas law, not rules or exemptions under federal or bankruptcy law.

What are the rights and responsibilities of a remainderman?

A remainderman has an interest in assuring that the life tenant does not destroy, damage, or otherwise diminish the value of the property. The life tenant must maintain the property, make any existing mortgage payments, pay property taxes, and keep the property adequately insured.

Can a remainderman file a lawsuit against a life tenant?

A remainderman may file a lawsuit against the life tenant if the latter takes any action that diminishes the value of the property or encumbers or attempts to sell the property. Sale of the Property A remainderman may sell his interest in the property, but the buyer would take the property subject to the rights of life tenant.

Can a remainderman sell his interest in a property?

Sale of the Property A remainderman may sell his interest in the property, but the buyer would take the property subject to the rights of life tenant. In other words, the buyer would not have full title until the death of the life tenant, who would retain use of the property in the interim.