Cheryl Rivera Smith’s Answers

Cheryl Rivera Smith

Frisco Real Estate Attorney.

Contributor Level 20
  1. Texas Real Estate agent, am I violating anything under TREC by mostly consulting and marketing for the seller?

    Answered over 1 year ago.

    1. Cheryl Rivera Smith
    2. Micah Brett Harper
    3. Stephen R. Best
    3 lawyer answers

    TREC has assistance for you when you are concerned about the violation of ethical rules. To be sure, I would run this by them. For what it's worth, I like your plan and I think TREC is mostly on the lookout for the unauthorized practice of law violations, and referral fees to unlicensed people - I don't see either here.

    9 lawyers agreed with this answer

  2. Married in 2009, put wife's name on my late mom's estate & home. We R getting divorce. Is she entitled to the estate or home?

    Answered about 1 year ago.

    1. Justin Drayton Graham
    2. Zaher Fallahi
    3. Michael T Millar
    4. Cheryl Rivera Smith
    4 lawyer answers

    ALL of this is negotiable in the divorce. Get a good family law attorney.

    10 lawyers agreed with this answer

  3. My great great grandfather died some 75 years ago intestate. He owned land purchased with his first wife.

    Answered over 1 year ago.

    1. Christine James
    2. Gregory Paul Benton
    3. Paul Rutledge Durr III
    4. Cheryl Rivera Smith
    5. Celia R Reed
    5 lawyer answers

    Something this old has probably been claimed under the doctrine of Adverse Possession. The best way to see how title exists today is to have a title search done by a local title company.

    10 lawyers agreed with this answer

  4. Transfer-on-death trust triggers reassessment?

    Answered over 1 year ago.

    1. Charles Adam Shultz
    2. Erik Robert Hartstrom
    3. Cheryl Rivera Smith
    4. Robert Paul Bergman
    5. John Noah Kitta
    6. ···
    6 lawyer answers

    Typically no since beneficial title remains in you.

    10 lawyers agreed with this answer

  5. Can my husband quit-claim our house in order to give me sole ownership?

    Answered about 1 year ago.

    1. Cheryl Rivera Smith
    2. Aaron Scott Hill
    3. Christopher Daniel Leroi
    4. Jimmie Lee J. Brown Jr.
    5. Liwu Hong
    5 lawyer answers

    He should NOT use a quit claim deed. You may have problems with marketable title in Texas. He should use a general or special warranty deed. Contact a local attorney to prepare this document for you. It could cost as little as $100 plus filing fee. It is so worth it to have it done correctly up front.

    Selected as best answer

  6. How is the discount due to life estate (NPV Discount) figured on a probate homestead value?

    Answered over 1 year ago.

    1. Gary T. MacInnis
    2. Cheryl Rivera Smith
    3. Steven Drew Baker
    4. Celia R Reed
    4 lawyer answers

    Whose appraised value? Is it from the appraisal district? Independent appraiser? I would spend the money (approximately $500) for a new appraisal if you don't have one from an independent appraiser. He or she will factor in the life estate discount. You may be cheating yourselves because appraisal districts values are notoriously low and/or inaccurate.

    8 lawyers agreed with this answer

  7. Guaranteed a lease for my parents in 06'. My dad died in 08, mom stayed in apt for 5 more years and left am i still liable?

    Answered over 1 year ago.

    1. Cheryl Rivera Smith
    2. Celia R Reed
    3. Charles Adam Shultz
    4. Michael Glynn Busby Jr.
    4 lawyer answers

    You would need to read the documents. See if the apartment will remove the item from your credit. If they refuse, you can place the item in dispute with the three credit repositories: Equifax, Experian, and TransUnion. They all have websites.

    8 lawyers agreed with this answer

  8. Eviction case - turn off electricity - illegal?

    Answered over 1 year ago.

    1. Walter Wilbur Beuhler
    2. Cheryl Rivera Smith
    3. Margaret Mitchell
    3 lawyer answers

    It is against the law because it could be dangerous to her health - especially at this time of year. You will need to work through the appeal and if she doesn't get out then, you can request a writ for forcible removal by the constable or sheriff.

    7 lawyers agreed with this answer

    2 people marked this answer as helpful

  9. Lawyer three hours late last seven times

    Answered about 1 year ago.

    1. Edward James Kazaleh
    2. Cheryl Rivera Smith
    3. Christopher Daniel Leroi
    4. Gregory L Abbott
    4 lawyer answers

    There is no way to tell. I would look for another lawyer.

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Can I do something about my 3 year old son being exposed to my soon to be ex husband’s new girlfriend and her child?

    Answered 12 months ago.

    1. Robert M Chambers
    2. Cheryl Rivera Smith
    3. Brent Allan Rose
    4. Richard Scott Chizever
    4 lawyer answers

    If he previously had no interest in his son, then the novelty will probably soon wear off and he will move on...again. However if you want him back in your life, then you can work visitation and boundaries out through your attorneys. Unless ex's girlfriend is a threat to your son's welfare, you won't be able to micro-manage ex's companions.

    9 lawyers agreed with this answer