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12 Cases When You May Need an Attorney to Help Buy, Sell or Protect Your Home

Real estate transactions can be complicated. In most cases, if all parties remain honest, any bumps in the process of buying or selling a house can be predicted and avoided by a skilled and knowledgeable real estate team. Sometimes, though, unexpected events can complicate owning, purchasing, or selling a house. That’s when getting an attorney involved can help you avoid any long-term or costly mistakes that could affect your financial security. H. Clyde Farrell, a certified elder law attorney with Farrell & Pak PLLC, provided us with this list of some of the more common issues that could require the help of a lawyer to navigate.

12 Cases When You May Need an Attorney to Help Buy, Sell or Protect Your Home

  • To clear the title with a probate-avoidance strategy such as a family settlement agreement, affidavit of heirship or deed from a partial owner
  • To clear the title by quickly probating a will or obtaining a judgment declaring heirship, if those procedures can’t be avoided
  • To obtain a release from the Medicaid Estate Recovery Program if the home’s previous owner was on Medicaid and has died
  • To avoid any future claim by the Medicaid Estate Recovery Program if the home’s owner is still living and needs Medicaid
  • To avoid the need for probate with a revocable trust, transfer on death deed or enhanced life estate deed (“Lady Bird deed”)
  • To keep the home in the family even though the owner needs Medicaid, and advise as to how to manage the home in that situation
  • To be sure the owner qualifies for all possible property tax exemptions, school tax freeze and/or deferral of property tax
  • To be sure you avoid capital gains tax (income tax) on sale of the home to the extent possible
  • To advise as to whether a reverse mortgage or home equity loan is a good idea for you
  • To deal with tenants by assisting with eviction if needed
  • To avoid having to pay for unfinished or defective home construction or improvement work
  • To clear title problems not covered by title insurance

If you have any questions about needing a lawyer when it comes to dealing with your real estate holdings or purchasing a home, call the RJF Team at 512.537.4977 to get answers on all your real estate questions. We are here to serve you with all your real estate needs!


Information provided by:

H. Clyde Farrell
Certified Elder Law Attorney
Farrell & Pak PLLC
1000 Mo-Pac Circle
Austin, TX  78746
Phone 512-323-2977
Fax 512-708-1977