Cheryl Rivera Smith’s Answers

Cheryl Rivera Smith

Frisco Real Estate Attorney.

Contributor Level 20
  1. Do the homestead and over 65 property tax exemptions automatically end on death or after the property is transfered at probate?

    Answered over 1 year ago.

    1. Cheryl Rivera Smith
    2. Orsen E. Paxton III
    3. Steven John Clausen
    4. James P. Frederick
    4 lawyer answers

    It terminates at the death of the owner. I have seen the taxing authorities "roll-back" the taxes if the exemptions are used by the estate or heirs beyond the year of the owner's death.

    19 lawyers agreed with this answer

  2. Can an verbal life estate or verbal living expenses reimbursement agreement be considered legal, ie. Medicaid puposes?

    Answered over 1 year ago.

    1. William Charles Rosenfelt
    2. Robert Jason De Groot
    3. Lee R. Carr II
    4. Vance Tate Davis
    5. Cheryl Rivera Smith
    6. ···
    6 lawyer answers

    I agree with Mr Davis. Real estate falla under the Statute of Fraud. Agreements must be in writing.

    19 lawyers agreed with this answer

  3. Step father already gave me the keys to the two cars my mom left me can I get in trouble for driving them if not in probate yet?

    Answered over 1 year ago.

    1. Cheryl Rivera Smith
    2. David M. Pyke
    3. John Gus Zgourides
    4. James P. Frederick
    5. Joseph Franklin Pippen Jr.
    5 lawyer answers

    As long as you have consent from the executor to drive the cars, it shouldn't be a problem. However, you should be sure that insurance, inspection, and registration are current.

    17 lawyers agreed with this answer

  4. What is the advantage of not selling mineral rights to a piece of land?

    Answered about 1 year ago.

    1. Kendall Shane Cockrell
    2. Cheryl Rivera Smith
    3. Edward James Kazaleh
    4. Robert Neil Newton
    5. Bradley Don Gunnell
    5 lawyer answers

    1. Yes or they can sell or lease their interest to a big company who will ultimately drill or mine. 2. Pretty much yes, with certain limitations to the surface rights.

    13 lawyers agreed with this answer

  5. I need to file the 30 day notice of an appeal this week in Daytona in a FORECLOSURE CASE. Do I physically have to travel there

    Answered about 1 year ago.

    1. Julia Jenifer McKee
    2. Diane Gwyneth Cassaro
    3. Jeffrey B. Lampert
    4. Cheryl Rivera Smith
    4 lawyer answers

    This website is for general legal questions. If you don't know the answers to the above questions, you need legal help. There are many fine attorneys in the Orlando area who can help and many will offer a free initial consultation. Use the attorney search function here on AVVO.

    13 lawyers agreed with this answer

  6. Do I need an attorney specializing in real estate or trust administration/inheritance law?

    Answered over 1 year ago.

    1. Joel Steven Weissler
    2. Erika L Yuen
    3. Galen Gentry
    4. Daniel Mcgraw Little
    5. Michael Leo Potter
    6. ···
    6 lawyer answers

    Unless you can buy your siblings out, they can force a sale by using a partition action. This will be expensive and attorney's fees will be allocated by the judge. It would be best to cooperate with the sale and take as much money possible from the sale instead of giving it to an attorney.

    13 lawyers agreed with this answer

  7. I sold my home w/ inside contents for a set price agreed upon now buyer doesn't want to pay for the contents. what can I do?

    Answered 12 months ago.

    1. Cheryl Rivera Smith
    2. Pearlette Vivian Toussant
    3. Dana Howard Shultz
    4. Michael T Warshaw
    5. Brent Allen Devere
    5 lawyer answers

    Hopefully you have a written contract. If so, contact a local attorney and sue for breach.

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Real estate documents filing question - pl see additional details

    Answered about 1 year ago.

    1. Cheryl Rivera Smith
    2. Richard D. Hayes
    3. John Alvin Hay III
    4. Brent Allen Devere
    4 lawyer answers

    I agree with Attorney Hays. First, don't do a contract for deed. In Texas, the new laws make it very difficult to execute one properly without the potential of rendering it invalid. Sell son your undivided 1/2 interest to him and retain a purchase money note an deed of trust in the event he defaults. Going through foreclosure in Texas is not difficult and you want to avoid an invalid home equity lien and you want to avoid an ineffective contract for deed. If son is willing after he "tires"...

    Selected as best answer

  9. What type of attorney do I need for SSI planning?

    Answered over 1 year ago.

    1. Charles Adam Shultz
    2. Cheryl Rivera Smith
    3. Paula Brown Sinclair
    4. Joseph Michael Pankowski Jr
    5. Andrew W. Norfleet
    5 lawyer answers

    Renee C. Lovelace in Dripping Springs is one of the best in the state - near Austin.

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. The last will states specifically that a certain individual should not receive any part of the estate, real nor personal.

    Answered over 1 year ago.

    1. Vance Tate Davis
    2. Casey Nichole Ferri
    3. Peter J Weinman
    4. Cheryl Rivera Smith
    4 lawyer answers

    The insurance policy falls outside of probate. The beneficiary could have been changed prior to death.

    11 lawyers agreed with this answer