Cheryl Rivera Smith’s Answers

Cheryl Rivera Smith

Frisco Real Estate Attorney.

Contributor Level 20
  1. What happens if I do not sign a special Warranty Deed 19 years after a Divorce

    Answered 12 months ago.

    1. Brent Allen Devere
    2. Maria Sara Lowry
    3. Cheryl Rivera Smith
    4. Christopher Daniel Leroi
    5. Jacqueline R. Kriebel
    6. ···
    6 lawyer answers

    If you don't sign and she has to sue you to get a court order, then you could be held liable for damages, court costs, and attorney fees.

    7 lawyers agreed with this answer

  2. Landlord & Tenant Law -Requesting fee proposals from Law firm / Lawyer to handle issues related to tenants

    Answered about 1 year ago.

    1. Mario L. Vasquez
    2. Cheryl Rivera Smith
    3. Rixon Charles Rafter III
    4. Donald G. Henslee
    4 lawyer answers

    This is not the forum for your request. Please use the attorney search function on AVVO. You can also go to www.texasbar.com. Best of luck.

    7 lawyers agreed with this answer

  3. My husband passed away suddenly with no will. I am on the deed of the homes do I need a probate process?

    Answered over 1 year ago.

    1. Isaac David Shutt
    2. John Gus Zgourides
    3. Cheryl Rivera Smith
    4. Celia R Reed
    5. Barbara S Schlichtman
    6. ···
    6 lawyer answers

    If you have a family member asserting rights, you may have a problem. I am nearby and will be glad to offer a free initial consultation to discuss the details.

    7 lawyers agreed with this answer

  4. AM EXCUTOR OF DADS WILL, HOW LONG TO PROBATE IN BEXAR COUNTY? AND CAN I RECOUP MONEY I HAVE SPENT OUT OF POCKET? FROM SISTER?

    Answered over 1 year ago.

    1. John Gus Zgourides
    2. Kevin Matthew Koel
    3. Cheryl Rivera Smith
    4. Joseph Jonathan Brophy
    5. Jessica Anne Newill
    5 lawyer answers

    You really need to contact a probate attorney to help you in this matter. He and she can outline your rights and responsibilities as executor. Many legal things need to be done to complete the process and there is a time limit. So sorry for your loss.

    7 lawyers agreed with this answer

  5. My ex signed QCD to me last year; now I want to sell the property. Will "sum of $10" from QCD be affecting capital gains tax?

    Answered about 1 year ago.

    1. Cheryl Rivera Smith
    2. James Bunkey Swain
    3. Loraine M. DiSalvo
    3 lawyer answers

    No. They go to the actual accounting for the property to calculate capital gains. The "$10 and other good and valuable consideration" is just legalese to satisfy the consideration requirement of the conveyance. If this is your home and you have lived in it for over 2 years, you may be exempt from paying federal captial gains tax if the capital gains is $250,000 or less.

    Selected as best answer

  6. Do I have the right to terminate the contract?

    Answered over 1 year ago.

    1. David B. Carter Jr.
    2. Cheryl Rivera Smith
    3. Zacharia Spencer Bonham
    3 lawyer answers

    You do with the proper written notice and subsequent failure of landlord to remediate. Here is a link that might be helpful. http://www.michiganlegalaid.org/library_client/resource.2005-05-30.1117489737707 Be sure you send the notice by both certified and regular mail so that you can testify as to mailing and the fact that the notice sent by regular mail wasn't returned.

    Selected as best answer

  7. How can I find the commercial value of a property that is currently used as residential?

    Answered over 1 year ago.

    1. Marcin P. Zola
    2. Richard J. Chertock
    3. Noah D. Cohen
    4. Jayson Lutzky
    5. Peter J Weinman
    6. ···
    7 lawyer answers

    It might be worth your while to pay for an appraisal. Absent that, perhaps you can get a broker's price opinion from a local broker.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. What can I do with my landlord ?

    Answered about 1 year ago.

    1. Cheryl Rivera Smith
    1 lawyer answer

    You have remedies. You must give proper notice in writing (I send both certified mail and regular mail - plus hand deliver, if possible) and opportunity to cure. Instructions and remedies can be found at www.texastenant.org. Best of luck.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. I am a beneficiary for an elderly friend's home. There is a mortgage & no mortgage insurance. Upon his death, would I be

    Answered over 1 year ago.

    1. Richard D. Hayes
    2. Cheryl Rivera Smith
    3. Joseph Franklin Pippen Jr.
    3 lawyer answers

    Upon inheritance, as a devisee, you are entitled to continue to make the payments under the Garn-St. Germain Act without fear of the lender accellerating the loan. If you don't make payments, the lender can foreclose. The house will be yours, subject to the loan, and you can sell it, lease it, or live in it.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. When a home is deeded to two siblings and one lives there can the other go there without notice?

    Answered over 1 year ago.

    1. Cheryl Rivera Smith
    2. Peter J Weinman
    3. Steven Warren Smollens
    3 lawyer answers

    It would be impossible to be charged for trespassing because both siblings are owners. On burglary, there must be a breaking into a building with intent to commit a crime, and you can't break into your own property. If there is any doubt, contact local law enforcement and run this by them. I would suggest you both establish boundaries so that everyone can live in peace. For what it is worth, occupying sibling should "lease" the other's portion and pay rent while in occupancy for the...

    Selected as best answer