ask george & chuck
Jan. 6, 2009

Estate fights, lease terminations
Answers to real estate questions as appearing
in the Houston Chronicle

Dear George: My father recently passed away without a will. He was in the process of transferring a property to my brother and me when he died. This process was being handled by my brother's wife, a real estate agent. She currently has deed listed with her husband as the only benefactor. My brother claims that my dad changed his mind prior to his death and wanted only him to have the property. What can I do?

Answer: There is no written evidence, so a jury will have to decide who is telling the truth. This fight is going to be traumatic, expensive, and time consuming. Find a lawyer experienced in estate and probate litigation.

Dear George: My roommate and I signed a 12-month lease a few months ago but have since realized we can't stand living together. I offered to move out. If she can't find someone to replace me on the lease, what penalties will we incur by breaking it? We signed the Texas Association of REALTORS® residential lease.

Answer: Section 28 of your lease, Early Termination, provides the terms and conditions applicable to both of the tenants for an early termination, even if only one of you terminates early. You will need the landlord's permission to terminate the lease early, so try and find a worthy replacement for your part of the lease and get her to complete an application for the landlord. Be aware, however, that unless your landlord agrees in writing to any changes, you and your roommate will still be liable for the financial obligations of the lease for its full term.