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You may have heard on the radio or TV about issues with regards to title theft.&nbsp;This is where a less than honest person forges a deed to themselves and then tries to borrow money against the property or resell the property to a third party. According to the FBI, in 2020 13,638 people in the US lost a total of more than $213 million through wire fraud involving real estate (up from $56 million in 2017).&nbsp;The FBI however does not breakdown how much of that is actual title fraud. According to Aimee Hess, a Texas attorney who concentrates her practice in real estate, oil and gas and water law, “a forged deed is absolutely void and conveys nothing. However, if the forged deed has been filed in the deed records, it can create a cloud on title to the event.”&nbsp;If this happens, you should always contact an attorney as a suit against the forger to have the deed declared invalid. Hess says it does not matter if the forger cannot be found and, in most cases, they are long gone because the forger can be served by publication.&nbsp;The homeowner’s attorney can file a motion for summary judgment to obtain a declaratory judgment again the forger. What about the title protection policy you hear about? Hess goes on to say that she has not found any policy that covers the attorney’s fee. Further that a ‘shield’ around the protection of your title is not true.&nbsp;What that service does is to periodically check the record to make sure the title is in your name. And if anything changes, they will alert the policy holder of the change. Check with your county as many will let you sign up for a fraud alert.&nbsp;Meaning if anything is filed with your name on it, the county clerk will send you an email alerting you.&nbsp;In most cases, this is a free service, but some counties may charge a small fee.&nbsp;The other part of the ad for title protection says you will be liable for the mortgage payments on a fraudulently obtained loan.&nbsp;Hess states this also is not true.&nbsp;You are not liable for a mortgage fraudulently obtained in your name. Here are some things that were recommended for homeowners that cost little to nothing:·&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Periodically check the deed records in the county where your home is located using an online deed records search service.·&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Be sure you receive the notice from the appraisal district on the value for your property. These typically come out in May and taxes from tax assessor in November. If you do not, call the tax assessors office to ask why.·&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;If you do not get your utility bills, contact the provider. In rural Colorado county, typically the property owner has to contact the termination of service for the new owner to create that new service.·&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;If you get some odd payment book in the mail from a new lender, contact that company to find out what is going on.·&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;As a general rule, it is good to check your credit periodically to make sure everything is accurate.&nbsp;This is good not only for title fraud but to check to make sure everything is accurate with your credit.·&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;If you have a vacation rental, make sure you are getting those utility and tax bills. Plus, the big one – getting your rental payment! Check in on the property in person to make sure you do not have a strange squatter!·&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Lastly and I totally agree with Hess, purchase property thru a licensed title company to make sure the title to the property you are purchasing has not been subjected to a previous fraudulent transfer. So…do your homework like doing taxes, make the time to check out thing for yourself. If you have a question, contact a title company, a trusted Real Estate Professional, or an attorney if you have an issue. While we as trusted Real Estate Professionals cannot give legal advice, we are a useful resource and can help direct you to what you should do.&nbsp;And that my friends is “priceless!” Sources: texasrealestate.com November 2021, Aimee Hess, Attorney at Law

Title Fraud

Hey guys,As you know, when I get something that I think will be good information or important issues, I put it out there for you!&nbsp;This is one that is very impactful.&nbsp;Not only from a real estate point of view but for your own peace of mind.&nbsp;Regarding real estate, I have had several listings where the owner didn't have a will, passed away and left a hardship on the family.&nbsp;So use this as a reminder to take a look at your will and if you don't have one, get one.&nbsp;This article from Tiffany at Texas A&amp;M Agrilife is very helpful.&nbsp;I hope this helps you and as always, if you need anything...we're a phone call or email away.&nbsp;Hope this blog message finds you all doing great, healthy, and happy!Check out this article:&nbsp;<a href="https://agrilife.org/texasaglaw/2021/08/30/end-of-life-documents/" rel="noopener noreferrer" target="_blank">https://agrilife.org/texasaglaw/2021/08/30/end-of-life-documents/</a>&nbsp;

End of Life Documents

Home Warranties&hellip;Good Coverage or Not?
Well that just all depends on what you are looking for in a home warranty.&nbsp; If you are buying a home and your agent has in the contract that the seller is to pay for a home warranty&hellip;does that cover any deferred maintenance or problems with the house when you purchased.&nbsp; The &ldquo;general&rdquo; answer is no.&nbsp; This is typically coverage for anything that may happen, depending on the policy, once you own the home.&nbsp; Kind of like a medical pre-existing condition, insurance companies do not want to cover anything prior to the policy. &nbsp;&nbsp;You can certainly plea your case to the representative.&nbsp; It is a 50/50 shot if you have a good enough case that you feel strongly about.
Also, a little-known fact is that you can renew that policy at the end of a year.&nbsp; Just contact the home warranty company for the renewal.&nbsp; Note:&nbsp; Put on your calendar then you can forget about it.&nbsp;
Another thing to put in your knowledge toolbox is that if you are in a rural area, service contractors can be a little long to get scheduled.&nbsp; If it is July, 500 degrees in the shade and your a/c goes out&hellip;who cares how long it takes to get the insurance company to respond.&nbsp; However, just know that actions may have consequences.&nbsp; The downside by not contacting the service claim department first may get your issue not covered.&nbsp; So just make sure to contact them right off the bat!
There are other insurance policies like Home Shield that is different that a home warranty.&nbsp; They cover things that break along the way.&nbsp; It is all about your budget on what you want covered.&nbsp;
If you have any questions, give us a call.&nbsp; We are here to help any way we can!
Click on the following for the article posted by the Texas Realtors:&nbsp; <a href="https://www.texasrealestate.com/members/posts/will-home-warranties-cover-pre-existing-conditions/">https://www.texasrealestate.com/members/posts/will-home-warranties-cover-pre-existing-conditions/</a>
&nbsp;
Cheers!&nbsp;
Dee Brabham
Broker and Owner &ndash; Texas Land Group

Home Warranties...Pro's and Con's

I read an interesting article in the Texas Realtor about outdoor spaces and thought I would share some information with you, especially if you are in the market to sell your house.&nbsp; They are simple, inexpensive and will add interest to your property by highlighting the best of your property!&nbsp; Hope you find this helpful!
When preparing for a sale, homeowners often focus on curb appeal and interior staging to entice buyers. Staging outdoor areas&mdash;decks, patios, and other gathering spots&mdash;can also add to your property&rsquo;s appeal. An inviting outdoor space encourages buyers to see it as an extension of the indoor space, adding virtual square feet to the home.
Wash Everything
Start with a clean space. Use a hose, power washer, or damp cloth to get rid of pollen, cobwebs, wasp nests, and similar unwelcome things. If you have a deck, pergola, or other wooden feature, give it a fresh coat of stain. Are your chairs rusty or rotted? Replace or remove them. Make sure cushions are free of mold and mildew.
Soften Your Space
Hard materials, such as wood or concrete, can be cold or unwelcoming. Add an outdoor area rug&mdash; preferably one that adds texture and color&mdash;and accent pillows to seating. Is there a side to your space that overlooks a street, air conditioning unit, or similar unwanted view? Hang an outdoor curtain or sunshade.
Light Up the Night
People don&rsquo;t only use their outdoor space during the day&mdash;especially in Texas. Install outdoor string lights, decorative lanterns, or solar powered lighting to illuminate your space. Place small, battery powered lamps on tables to brighten corners or add ambience.
Liven Up With Plants
Whether it is flowers or succulents in pots, vines climbing a post, or well-groomed bushes, plants add appealing textures and colors to your space. Even a vase of bright artificial flowers is better than nothing.
These tips can help you improve or transform your outdoor space into a place where buyers want to spend time. For more advice on preparing your home for sale, talk to a REALTOR&reg; (like Texas Land Group!)
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Stage Your Outdoor Spaces

To put it mildly, water is an important part of our lives.&nbsp; Our bodies are made up of 80% water.&nbsp; We cook, clean, bathe, drink &hellip; ultimately need it for survival!&nbsp;
Having been born and raised in Houston, I never really gave it much thought about how and where our water came from when I was young.&nbsp; In my early late 20&rsquo;s, we still lived in the Houston area.&nbsp; Had a pool in our backyard.&nbsp; Had just came in from testing the pools water quality when I went to the faucet to get a drink of water.&nbsp; It was July and as everyone knows, it&rsquo;s hotter than &hellip; well you get the picture.&nbsp; I put the glass up to take a drink and the smell of chlorine was really strong.&nbsp; Thought that was odd so I went and pulled my pool test kit back out to test the water.&nbsp; There was more chlorine in my drinking water than there was in my swimming pool.&nbsp; Now don&rsquo;t start the emails busting my chops about city living and country living pros and cons.&nbsp; It&rsquo;s just to emphasize a true story.&nbsp; Metropolitan areas do have to chemically treat the drinking water because of the &ldquo;recycling&rdquo; that takes place and purification process to eliminate the bacteria.&nbsp; You can do some research on that if you are interested.&nbsp; But it was really my first wake-up call about water quality and what we are drinking!
If someone would have asked me back then that I would be paying for water, I would have thought they were crazy.&nbsp; But in fact, as you know, we pay more for water than we do for gasoline.&nbsp; Come on Elon Musk, get those electric cars more affordable!!!!
To the meat and bones of the blog:
For those of you that live in a metropolitan area, water is something you may not give a second thought.&nbsp; You go to the sink, shower, or bathtub &hellip; turn the faucet on and unless you haven&rsquo;t paid your water bill, it flows like clockwork!
For rural properties, and you don&rsquo;t have to be too far out from any small town, you will depend on a water well.&nbsp; In my case, I am only 4 miles from Columbus, Texas and I have a water well.&nbsp; This was an expense when we purchased our property and was part of the plan and budget that we knew up front.&nbsp; This is something your agent should bring to your attention when you are looking at a land purchase along with information regarding other utilities.&nbsp; (Or just contact Texas Land Group and we&rsquo;ll guide you through the process!)
I wanted to share with you a couple of resources regarding drinking water in general, federal reports and databases to help you with more information on water wells below.&nbsp; There are good resources here for both rural and city water reports and information:
The Submitted Drillers Reports Database.&nbsp; Reports dating back to 2001 maintained by Texas Water Development Board (TWDB) and Texas Department of Licensing and Regulation.&nbsp; Can search by map, county, owners name. <a href="http://www.twdb.texas.gov/groundwater/data/drillersdb.asp">www.twdb.texas.gov/groundwater/data/drillersdb.asp</a>
The TWDB Groundwater Data Viewer.&nbsp; An interactive map that can access about 139,000 water well reports and some go back as far as 1820.&nbsp; www3.twdb.texas.gov/apps/WaterDataInteractive/GroundWaterDataViewer
Texas Commission on Environmental Quality (TCEQ) Water Well Report Viewer.&nbsp; A map-based viewer that can search over 1 million well reports dating back to 1960. Tcep.texas.gov/gis/waterwellview.html
TCEQ Source Water Assessment &amp; Protection Viewer.&nbsp; Has well and surface water information for public water systems.&nbsp; Tceq.texas.gov/gis/swaview
TCEQ Drinking Water Watch.&nbsp; Allows searches of public water systems by water system name, activity status, principal county served, water type, primary source water type.&nbsp; <a href="https://dww2.tceq.texas.gov/DWW/">https://dww2.tceq.texas.gov/DWW/</a>
So, this may be more information than you ever wanted to know about water, water well and the resources available.&nbsp; But if you do, here is a good place to go and find the information you need. &nbsp;Happy reading.
Cheers!&nbsp; Dee
&nbsp;
&nbsp;
Resource for databases listed above: Texas Realtor January/February 2021
&nbsp;

 Rural Property Owners and their Water Wells vs City Water

I know years ago I would have never imagined that we would be purchasing water at a convenience store and now we pay more for it than we pay for gasoline!&nbsp; And nothing is ever so precious as water and this case personifies exactly that.&nbsp; This agreement, or better said &ldquo;disagreement&rdquo;, stems back in the 1940&rsquo;s on the water rights of the Pecos river.
The Pecos river has so much history and character.&nbsp; From being both in Mexico and the United States south on the Texas border, to stories of Judge Roy Bean.&nbsp; The river being huge with tall canyon walls in Pecos to hardly a creek further upstream.
As most water rights cases, water when used more than its fair share tends to get the attention of someone.&nbsp; Especially when the downstream is affected because the upstream user takes more than their &ldquo;agreed&rdquo; allotment.&nbsp; There in lines the problem, &lsquo;what is agreed?&rsquo;
Like real estate, buying a car or anything, to have something enforceable, it has to be in writing.&nbsp; Or that is until Supreme Court Justice&rsquo;s, attorney&rsquo;s and other&rsquo;s have a difference of opinion on the &lsquo;wording&rsquo; of how that agreement is interpreted.&nbsp; This is really a great read! Enjoy:&nbsp; <a href="http://r20.rs6.net/tn.jsp?f=001F-SByK_l1LbxNnmZkDNWr-cWGNTv82qqWhVt1-LMDdpil-E-vQhGXTLgUuPTHhRT3p2v5RhxK31P40hGtCgh2AqLVBwk8IGL7249qSDionmIdYG1M1t_sEzZ80zVD82gnPLtVALRV_-OaV6QRLdgnovu8lDnQcxyAM6Gxy0euI_7LmEVRSAHJQg_VCX-694ruhaE1kQX03R835GAcLSV_4YoOTK-fBmH7OJllpVy9yhooYeSLRKnmHxro7jjVMeUgoA2P2KTy1uFrDa-ayKnonhC_VnbkfR5&amp;c=Q0av9EiMLiaTlw2wz5tRJjQ1QqtHV_EQCpC5Ha7XrKXdYhByelZmZA==&amp;ch=Z4NAQoZabybmlu5HFeUz1cUZ-HrxRjVxLKZ2eygzqxkZY9F9JzL1Rw==">Read more</a>
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US Supreme Court Dispute Regarding Pecos River

US Supreme Court Dismisses Texas Petition for Review in Pecos River Dispute

Land Owners Reference Book
Texas A&amp;M AgriLife puts out this really great free PDF guide that covers so many topics for all things that we get questions on when owning land in Texas.&nbsp; From ag exemption and property valuation to water rights and issues that come up on fencing issues with adjoining property owners.&nbsp;&nbsp;I love to share free stuff with you but if you are an old sole, like me, and want a hard copy you can order thru TAMU for $30 by emailing (see below).&nbsp; I hope that you find this very beneficial.&nbsp; Don't forget, you also have any of us at Texas Land Group any time as a resource for any questions that you may have!
To get a free PDF, <a href="http://r20.rs6.net/tn.jsp?f=001NXeqQTDX8YaGgFI_M-Ro7HDiRDukd_dy1-HApG8foBs8fi_14Y_AhwR1co3-ebpwZLmtC-O3ZAVoIznudqkm7ZaTeJ7Tb-wnhpCiUg_SLy-8RqnjrxvF9WW_mrqXduQa0rvero4bb4pNWYtyNRL2zcME79ZBehVIfh_6yAh2d59rHtjxhDhaNGcXTY3dmZJWxI5iPNaLbDcfcrdaknHNtV3WwGI8UyhcjUpYRxyj1awuUZpqEEXnkA8LGtUq90-EfP4XgTgj9RSM3oNZXKahlg==&amp;c=JFUdpZ6hH4UxQwM1CLSOwm0lqHGs1sehiPxknOPpaV7RTNGbZz2nXg==&amp;ch=ycsMg6VLcVvacl0l1WSB6meyNsWDLgTj01khzDvhscZ8BwL7O9BblQ==" title="PDF Land Owners Reference Book">click here</a>. If you'd like to order a hard copy, they charge $30 (includes shipping), and you can email <a href="mailto:Lacrecia.Garza@ag.tamu.edu">Lacrecia.Garza@ag.tamu.edu</a> for more information!

Land Owners Reference Book

Solar Sheep?&nbsp; I have heard everything now.&nbsp; But if you have a solar farm and are using sheep or solar for an ag exemption, this is actually a good thing to know!&nbsp; Yes, we are your &ldquo;phone a friend for all information that you every wanted to know about real estate.&rdquo;
We do not keep up with all of this information for nothing folks.&nbsp; We are your resource so that you have a place to come to for not only buying and selling real estate.&nbsp; How to save as much money when you sell an investment property.&nbsp; But yes&hellip;how to best utilize your &lsquo;solar sheep.&rsquo;
Solar farms guys are going to be BIG business.&nbsp; The tax credit a reducing each year for individual homes but may be lucrative for your land.&nbsp; Check out this article!!!&nbsp; https://www.npr.org/2020/10/09/919225272/how-to-have-your-solar-farm-and-keep-your-regular-farm-too

Solar Sheep

Bats bring up bad images for you???&nbsp; Dracula, scary movies, etc.&nbsp; Well, you really need to get over it!&nbsp; Thing is, they really are a great defense for an over population of mosquito&rsquo;s and all other flying insects that drive you into the house!&nbsp; Yep, because that is their main diet!&nbsp;
If you ever get the chance, go to Austin downtown, and check out the Congress Avenue Bridge or to Mason to the James River Bat Cave.&nbsp; It is unbelievable!&nbsp; The Mexican Free Tailed bats come out at dusk like a tornado.&nbsp; They fly just above the tree line, dine on all things &lsquo;buggy&rsquo; and return just before dawn.&nbsp; No, they&rsquo;re not the most adorable little creatures but they have a job and they do it well.
Another pretty cool thing you can do if you have acreage on your property, put up bat boxes.&nbsp; It is better than &ldquo;Off &ndash; bug spray.&rdquo;&nbsp; When we purchased our property, we had about 3 of them we would see everything night that lived under the huge culvert.&nbsp; It never concerned me for a minute, and I appreciate the natural bug defense job they did!&nbsp; Now if they just had something for snakes!&nbsp; I really do not like snakes!!!
Pretty cool article from Texas AgriLife you would like to read more information about these guys.&nbsp; <a href="https://agrilifetoday.tamu.edu/2020/10/29/bat-week-an-opportunity-to-separate-fears-from-facts/">https://agrilifetoday.tamu.edu/2020/10/29/bat-week-an-opportunity-to-separate-fears-from-facts/</a>
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Bats - Good things or Bad?

With Veterans Day being just around the corner, I thought it would be a good time to remind our men and women that served this proud Nation that you have benefits that come along with your service regarding home ownership!&nbsp; Being a qualified Veterans Home Specialist, we have the education and have worked with VA qualified lenders that can help you see your dreams come true of owning your own home!
This goes for purchasing a home and for refinancing your existing mortgage.&nbsp; Interest rates are at historic rates!&nbsp; And like most things, rates will not stay low forever, so it may be a good time to check it out.&nbsp; What Texas Land Group is always here for is to also be a resource for all of our clients.&nbsp; If you have a question, give us a call.&nbsp; We will put you in contact with the right people or answer any questions that you may have.&nbsp; Navigating real estate can be overwhelming and having a trusted source that you can rely on for direction is very reassuring!&nbsp; And this does not cost you anything.&nbsp;
Back to the VA benefits:
<ul>
<li>VA benefits is one of the few, if only, loans that you can have as a military member that you do not have to have any money down for a home loan</li>
<li>VA home loans are a little easier to qualify for than some traditional conventional loans</li>
<li>VA interest rates are competitive with no private mortgage insurance which means that your monthly payments are lower</li>
</ul>
These benefits are really helpful too for a first-time home buyer!
There are some costs involved when you purchase a home that you still have to incur.&nbsp; Such as home inspection.&nbsp; A home inspection is really important to know the condition of the home that your purchasing.&nbsp; A seller will provide you what is called a &ldquo;Sellers Disclosure Property Condition Disclosure.&rdquo;&nbsp; This document is filled out to the best of the seller&rsquo;s knowledge.&nbsp; However, it is not a home inspection conducted by a state licensed inspector.&nbsp; I cannot stress enough how important this step is.&nbsp; The cost for this is somewhere between $350-$500.&nbsp; But it is a pretty inexpensive insurance policy for something you are investing several hundreds of thousands of dollars into and going to live in for many years to come.&nbsp; Any issues that arise from this inspection, you can 1) go back to the home owner to try to negotiate repairs, 2) ask for an allowance for the repairs, 3) accept the items on the report as they are acceptable at the price you paid for the house, or 4) terminate the contract as you are under the option period of you contract (discuss this with your agent if you have questions).&nbsp;
There is one more fly in this real estate ointment, the lender may require repairs.&nbsp; Those are typically not to negotiable.&nbsp; Lenders will not accept structural issues, rotten wood/peeling paint, or exposed electrical issues to name some major &lsquo;pinging points.&rsquo;&nbsp; &nbsp;When they send out the appraiser to inspect (not to be confused with an actual inspection) or evaluate, that appraiser may make notes on the report about any issues that is deficient and should be addressed.&nbsp; And until those items are addressed, the transaction cannot move forward.&nbsp;
If there is a water well on the property, you will need a water test.&nbsp; Again, inspections are the cost of the buyer.
I do not want to turn this into contract 101 blog, but it is just to give you a snapshot about the few costs you will have during buying your new home!
As November 11th is Veterans Day and as I started this blog this afternoon, I guess it really hit me this year for some reason missing my Dad.&nbsp; My Dad, CPL James C. Morton, served in the Pacific during WWII as an airplane mechanic.&nbsp; The stories he told me were sometimes really funny and sometimes, a bit scary.&nbsp; I cannot imagine the things he saw and was always so extremely proud of the service that he provided to our fantastic country.&nbsp; I remember a little dog that he made friends with and have a great picture of this brave young 17-year-old holding this puppy.&nbsp; Another story about how he and his buddies concocted alcohol beverages from the coconuts they collected from the trees.&nbsp; Then they had the bomber guys take the coconuts up in the airplanes during their runs where their air was cooler so the fermented beverage would be refreshing to drink as they endured the hot tropical heat!&nbsp;
I got the distinguished pleasure of calling this great man my Dad.&nbsp; It has been over 10 years now that he has been gone, and I miss him every day.&nbsp; But on the 11th, I think of him with even more honor and even more respect for his service.
And to all of our brave men and women that served or is currently serving, we cannot thank you enough!
Cheers ya&rsquo;ll,
Dee Brabham
Broker/Owner
Texas Land Group

Veterans Day being just around the corner

For those of us that are keeping up with the "proposed" high speed rail from Dallas to Houston, you'll want to check out the lastest court ruling!&nbsp; This case revolves around the proposed high-speed electric-powered passenger train that would run between Dallas and Houston. In 2012, TXHS Railroad, Inc. was formed and in 2015, the company changed its name to TCRI with a purpose to &ldquo;plan, build, maintain, and operate an interurban electric railroad.&rdquo;&nbsp; In 2017, ITL was formed to &ldquo;construct, acquire, maintain, or operate lines of electric railway&hellip;&rdquo; and &ldquo;to operate and transact business as a railroad company&hellip; For more on the article click on the link! <a href="https://agrilife.org/texasaglaw/2020/05/18/bullet-train-ruling/" title="High Speed Rail One More Step Closer">https://agrilife.org/texasaglaw/2020/05/18/bullet-train-ruling/</a>
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High Speed Rail from Houston to Dallas...One Step Closer

Appellate Court Finds High-Speed Rail Meets Required

This is actually an interesting article by Tiffany with Texas A&amp;M AgriLife Extension.&nbsp; The article talks about a case dealing with will's and the person being of 'sound mind' when they have the will prepared.&nbsp; You would think in real estate, why would this be an important issue.&nbsp; Strangely enough, we deal with it a lot.&nbsp; Parents pass away, their heirs of the property want to sell the property and we are right in the big middle of dealing with those heirs.&nbsp; Things can get pretty sticky sometimes and you are dealing with some high emotions.&nbsp; &nbsp;This is a very interesting read and hope you get some good insight from this article!&nbsp; As always, if we can ever be of help, we are a resource for you always!
Ava Mahaffey signed a will and a self-proving affidavit on October 25, 2016.&nbsp; The will was witnessed by Morgan Wayne Dale and Elizabeth Jesko, the attorney who drafted the will.&nbsp; The affidavit was notarized by Jesko&rsquo;s assistant. The will made bequests to three of Mahaffey&rsquo;s sister, but excluded the fourth sister, Ms. Crosswhite.&nbsp; The residuary clause left Mahaffey&rsquo;s residual estate to her late husband&rsquo;s great niece, Ms. DeBillis.&nbsp; Ms. Mahaffey died nine days later of pancreatic cancer.
Ms. DeBillis sought to have the October 25 will admitted to probate.&nbsp; Ms. Crosswhite objected, claiming that Ms. Mahffey lacked testamentary capacity to execute a valid will on October 25.&nbsp; Instead, Ms. Crosswhite sought to admit a will that Ms. Mahaffey executed on October 6, 2016.&nbsp; The October 6 will was also drafted by Elizabeth Jesko and left the residue of the estate to Ms. Crosswhite, rather than Ms. DeBillis.
Ms. DeBillis filed a motion for summary judgment, arguing that she had offered evidence to conclusively prove Ms. Mahaffey had testamentary capacity on October 25.&nbsp; The court granted the motion and dismissed the case.&nbsp; Ms. Crosswhite appealed, arguing she presented genuine issues of material fact, which should result in the summary judgment motion being denied and the case proceeding to trial.
Law Regarding Testamentary Capacity
In order to execute a valid will, the testator must be &ldquo;of sound mind, which means having testamentary capacity at the time the testator executes the will.&rdquo; A person has testamentary capacity if he or she has the mental ability to: (1) understand the effect of making the will and the general nature and extent of his or her property; (2) know his or her next of kin and the natural objects of his or her bounty; (3) have sufficient memory to assimilate the elements of executing a will, to hold those elements long enough to perceive their obvious relation to each other, and to form a reasonable judgment as to them.&nbsp; The burden of proving these elements rests on the person seeking to admit the will to probate.&nbsp; In this case, the burden of proof was on Ms. DeBillis to prove these elements.&nbsp; If the proponent is successful in offering this proof, the burden then shifts to the challenger to raise a genuine issue of material fact as to Mahaffey&rsquo;s capacity.
If there is no direct evidence that a testator lacked capacity on the date of execution, &ldquo;evidence of incompetency at other times can be used to establish incompetency on the day the will was executed&rdquo; if there is some evidence that the &ldquo;condition persists and has some probability of being the same condition that existed at the time the will was made.&rdquo;
Opinion
The San Antonio Court of Appeals reversed.&nbsp; [Read full opinion&nbsp;<a href="http://www.search.txcourts.gov/SearchMedia.aspx?MediaVersionID=4948f239-1825-424f-b0d7-9701797336c2&amp;MediaID=1ff09649-8477-45b8-bbb6-f1ab815b756b&amp;coa=%22%20+%20this.CurrentWebState.CurrentCourt%20+%20@%22&amp;DT=Opinion">here</a>.]
First, the court ruled that Ms. DeBillis satisfied her burden of proof regarding the elements of capacity.&nbsp; Jesko testified that Ms. Mahaffey contacted her about drafting the October 25 will on October 24. She stated that she wanted to disinherit Ms. Crosswhite, revoke her power of attorney, and to add DeBellis to her will and as power of attorney. Jesko went to Ms. Mahaffey&rsquo;s home on October 25 and found her alert and sitting in bed with a clipboard, pen, and checkbook.&nbsp; The women made small talk, and Mahaffey confirmed her wishes to change the will.&nbsp; Jesko testified she understood the nature of her property including her home and certain bank accounts.&nbsp; She recounted her family history, including listing family members.
Ms. Dale, a long-time friend of Mahaffey&rsquo;s, served as a witness to the execution.&nbsp; Dale confirmed Mahaffey&rsquo;s desire to disinherit Crosswhite and testified that throughout her illness, Mahaffey handled her business normally, managed her own banking, and kept perfect books.&nbsp; She testified that on October 25, Mahaffey had all her mental faculties.
This evidence satisfied Ms. DeBillis&rsquo; burden of proof, and the burden then shifted to Ms. Crosswhite to offer evidence to show a genuine issue of fact existed as to capacity.
Ms. Crosswhite testified that as Ms. Mahffey&rsquo;s cancer progressed, she became more and more confused and unable to concentrate.&nbsp; Crosswhite recalled visiting in mid-October and Ms. Mahaffey serving her cold green beans as a meal.
On October 24, her pain was so severe that she called EMS and reported taking a total of 7 hydrocodone pills in 8 hours.&nbsp; That evening, Crosswhite testified that Ms. Mahaffey requested Crosswhite to give her all of her pills at once so she could commit suicide.&nbsp; Ms. Crosswhite refused to do so. Crosswhite called the police and hospice for help. A hospice nurse testified taking a call that night where Mahaffey said she was going to take all of her pills to end her life.&nbsp; The nurse arrived at the residence and Ms. Mahaffey ordered the nurse and Crosswhite out of her house and revoked her hospice care, which resulted in all pain medication being removed from her home. Ms. Dale, one of the witnesses to the will, testified that when Mahaffey revoked her hospice care, she was not thinking clearly.
On October 26, the day of the will execution, Mahaffey again requested emergency assistance for pain relief. She had been without pain medication for 24 hours due to the termination of hospice care. A Plan of Care and Treatment from her doctor and new hospice provider on October 26 stated that Mahaffey &ldquo;experienced periods of confusion, fatigue, forgetfulness, and was prone to poor judgment.&rdquo;
The court found that Ms. Crosswhite introduced sufficient evidence on the question of capacity to allow the case to go forward.&nbsp; Given her declining condition, periods of confusion, and worsening memory, there was a genuine issue of material fact as to her capacity and summary judgment was improper. Thus, the court reversed and remanded the case back to the trial court for further proceedings.&nbsp; No appeal was filed.
Takeaways
First, keep the procedural posture of this case in mind. The Court of Appeals did not make a ruling on whether Ms. Mahaffey had capacity or not. The court only decided there was enough evidence to raise a factual question that should be determined by the fact finder at trial.&nbsp; A trial will determine whether Ms. Mahaffey had sufficient testamentary capacity.
Second, this case illustrates the importance of having an estate plan in place before someone is in failing health.&nbsp; Looking at the analysis in this case, the issue of testamentary capacity could certainly arise for anyone executing a will close to his or her death.&nbsp; Having a will and other estate planning documents in place before one is near death may help avoid this type of challenge.
Third, if a person is near death and does wish to change his or her will, it will be important to ensure evidence of capacity when the will was executed.&nbsp; Having several witnesses who are able to testify about the person&rsquo;s condition the day of the execution will likely be extremely important.
Source: <a href="https://agrilife.org/texasaglaw/2020/03/23/case-illustrates-law-regarding-challenge-to-testamentary-capacity/">https://agrilife.org/texasaglaw/2020/03/23/case-illustrates-law-regarding-challenge-to-testamentary-capacity/</a>

Testimary Capacity

I have several investor clients selling their properties looking to reinvest their money into another investment property.&nbsp; One of the major benefits of this is to help defer the capital gains tax you would have to pay on the sale of that property.&nbsp; Think about it&hellip; If you&rsquo;re in the say 15 or 20% tax bracket, that&rsquo;s a pretty big hit on your taxes!&nbsp; 1031 Exchange&rsquo;s are for investment properties.&nbsp; I have a lot of my investor clients that I work with and it&rsquo;s a great program.
Here&rsquo;s some information in the last newsletter from Theresa Quartaro with IPX1031 that I thought would be great information for you!&nbsp; Remember, if we can ever be of help, just give us a call.&nbsp; We are here to not only to help you buy or sell, but to be a resource for any real estate need you have!
1031 Refresher &ndash; Commonly Asked Questions
It is a good time to review some commonly asked 1031 Exchange questions.
1.)&nbsp; What property type can be purchased to complete a 1031 Exchange?
2.)&nbsp; How much time do I have to purchase new Replacement Property after I sell my old property?
3.)&nbsp; What should be the sales price of the new property in order to defer my capital gains taxes?
4.) What type of new property can be purchased to complete a 1031 Exchange?
The answer to this question is what makes a 1031 Exchange advantageous to real estate investors. To successfully complete a 1031 Exchange the taxpayer must sell real property that is held for investment or productive use in a trade or business (no primary residence or second homes) and must purchase a Replacement Property that is to be held for either investment or productive use in a trade or business.
Individual property type does not matter. Meaning, an investor can sell a single-family rental property and buy an industrial building as their Replacement Property:
Common property types we see in exchanges:
Office Buildings
Apartment Buildings
Raw Land (Note, to qualify as investment property, it does not need to be income producing)
Retail Shopping Center
Single- Family Rentals
Duplex/Triplex
Industrial Buildings
And many more
5.) How many days does an investor have to identify and purchase their Replacement Property?
The IRS timelines are strict. Once the Relinquished Property is transferred, the investor has 45 calendar days to identify their Replacement Property and an additional 135 calendar days (180 calendar days total) to close on the new Replacement Property. Note that these dates do include weekends and holidays.
These timelines are important to understand for the following reasons:
If your exchange is not set up with a Qualified Intermediary (IPX1031) before the Relinquished Property is transferred, a 1031 Exchange will not be an option.
After the 45-day identification period ends, the properties on the investor&rsquo;s identification form cannot be modified, and they will only be able to purchase from that list (the identification form can be amended without limit during the 45 days);
The IRS does not provide extensions, unless there are very special circumstances (for example, some presidentially declared natural disasters or military deployment).
6.) What is the dollar amount that needs to be purchased in order to defer all capital gains taxes?
In order to fully defer the investor&rsquo;s capital gains, the taxpayer will need to purchase a replacement property which is equal or greater than the value of the property they are selling, spend all of their equity and replace the value of any debt that encumbered the relinquished property.
Example: The taxpayer owns a property with an adjusted basis of $600,000 and sells it for $1,050,000. Let&rsquo;s assume that they have $50,000 in closing costs (commissions, title &amp; escrow etc.), leaving them with a $1,000,000 net. They would need to purchase a Replacement Property for at least $1,000,000 to defer all of their potential capital gains.
Let&rsquo;s assume they bought a Replacement Property for $900,000. They would still defer $300,000 of capital gains but would be potentially liable to pay taxes on the un-reinvested $100,000 (read about Boot here). This is what is known as a &ldquo;partial-exchange&rdquo;.
Remember that the investor will need to work with a Qualified Intermediary to complete a successful 1031 Exchange. The Qualified Intermediary must be engaged prior to the closing of the old Relinquished Property.
If you have any questions about 1031 Exchanges, let me know.&nbsp; &nbsp;This may be a very good way to keep a bit more money in your pocket!

1031 Exchange May Be a Good Option for Reinvesting Your Investment Property and Deferring Taxes

1031 May Be a Good Option for Reinvesting Your Business Property Sale

Not to long ago, I was sitting around the dining table just having eaten dinner with my family and I got a text from American Express asking about a charge from Chevron.&nbsp; Living in Columbus, I knew we didn&rsquo;t have a Chevron here but thinking my husband may be out and about and he was getting gas for his truck.&nbsp; I didn&rsquo;t answer the text quickly enough, so they denied the charge.&nbsp; Then the phone rang.&nbsp; The automated attendant asking me to verify, again thinking is was my husband, I thought it may have been.&nbsp; But when he walked back in, my eyes got big as saucers.&nbsp; I asked if he was at a Chevron to get gas and he told me he hadn&rsquo;t left the property.&nbsp; I immediately got on the phone with American Express and started the fraud process.&nbsp; Luckily, they had denied the charge, then closed my account.&nbsp; Both our credit cards have been in our possession.&nbsp; The representative at AE said it didn&rsquo;t matter, hackers will make up cards and use them as if they were their own.&nbsp; So, fraud example number 1.&nbsp; One you probably are very aware.
Example number 2.&nbsp; I went to a closing and my seller asked about a $250 credit from the title company.&nbsp; They received an email that looked very legitimate that said because they were paying cash, the title company was giving them a $250 credit towards their closing cost.&nbsp; The title company nor I had seen the email or sent it to them.&nbsp; It was awkward.&nbsp; Wire fraud is something many of you have heard of already.&nbsp; When you go to closing, the lender will wire the funds to the title company for your loan.&nbsp; A buyer will either bring a check for their portion or wire the funds.&nbsp; If you&rsquo;re on the seller side, you will receive a check for the proceeds from closing or the title company will wire the funds to your bank.&nbsp; Realtor&rsquo;s no longer are the middle person in this step.&nbsp; Because of fraud, extra care is given to ensure encrypted files are sent back and forth to prevent hacking of sensitive financial information.
Example number 3 is one that you may not be aware of.&nbsp; Title fraud.&nbsp; I visited with the Manager of a title company that I do a lot of business with and asked how best to avoid this type of fraud.&nbsp; They suggested the best way for someone to protect themselves is to make sure they get title insurance when they purchase a property. For a property owner to determine if a deed or something fraudulent has been filed they would need to have a title search done. A title commitment should turn up a problem like this in the case where the property is being sold but, if there is no sale pending, a title commitment can't be issued so a title search would be the way to gain those records. You can order a title search from the time the current owner purchased the property through the present date and that search would reveal any documents recorded from the time of purchase to the present.&nbsp;&nbsp; So, if you&rsquo;re concerned or want to check this out, we can help you.&nbsp; This is not a chicken little moment of the sky is falling.&nbsp; And if you do have a loan against your property, your lender would be getting in touch with you.&nbsp; But it&rsquo;s just something to be aware of.&nbsp;
Hackers are really crafty, and they think of ways to steal your identity in ways that you nor I would ever think of.&nbsp; I hope this has been helpful and at the very least makes you aware of some new and improved ways of people who want to be you and not in a good way!&nbsp; Cheers!

Fraud Happens in More than Just Credit Cards.  Your Property Can Also Be at Risk!

I&rsquo;ve had a several questions asking about how the best way to handle getting offers on a property.&nbsp; First, congratulations!&nbsp; That&rsquo;s an exciting day when you get that offer on your property and hopefully it&rsquo;s not some low-ball goof that&rsquo;s kicking the tires!&nbsp; Let me start off with saying, when you price a property right and make it based on sales comparable, what properties similar have sold for, properties will sell.&nbsp; But it should be in line with what the market will support.&nbsp; Otherwise, a property will sit on the market for a while and you&rsquo;ll end up getting less for the property that if you would list it in line at the start!
But the best way when you get multiple offers, for this example two offers, on your property is not to counter both offers.&nbsp; If you do, you could possibly be selling the property to both people and you&rsquo;ll be in a big mess!&nbsp; If neither offer is acceptable, you can reject both offers and invite them to submit another offer.&nbsp; A seller can reject one offer and counter the other offer.&nbsp; When you counter, you&rsquo;re negotiating with that party and engaging in a power of acceptance to create a binding contract.&nbsp;
I have seen sellers accept lower offers on a property because they&rsquo;re cash and can close quicker thank one that was higher but was subject to finance and had more conditions.&nbsp; Remember, the seller has the right to accept whichever offer they choose.
As Realtors, we can&rsquo;t tell other agents what other offers are or terms of their contract.&nbsp; What I will tell agents that I&rsquo;m working with is to &ldquo;Make their buyer&rsquo;s Highest and Best Offer.&rdquo;&nbsp; That doesn&rsquo;t mean a seller will take any of them.&nbsp; I have had agents come back and tell me their client would have gone higher.&nbsp; Well then, they should have listened better when I told them to make their &ldquo;highest and best offer.&rdquo;&nbsp; Because they didn&rsquo;t make that clear to their client, they just cost their client the property they wanted.&nbsp;&nbsp; Does this put a buyer in an awkward position, for certain it does.&nbsp; They&rsquo;re in a high-pressure position where they can&rsquo;t use the power of negotiating back and forth.&nbsp; And some buyers will back out of the process because they don&rsquo;t want to be in a &lsquo;bidding war.&rsquo;&nbsp; Just depends on how badly they want the property.&nbsp; A property in a desirable area or where there is a shortage of supply, that very well may be how things happen.

Dealing with Multiple Offers on a Property

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