Texas, Common Law

Posted By James Whitaker on 2/1/2009 at 3:02 PM

I have a situation that is real and would like to post it. I would like to help this fellow. I think his lawyer is a du*b *ss and is looking for just a pay check.

A man, his wife, and mother in law collectively purchased a tract of land. The tract was recorded in at the Office of Deed and records; simple fee. Six months later, the man and his wife sold their share of the tract to the mother in law save and except a small tract for themselves. A few years later, the mother in law passes away and her spouse is living. In the mean time, the man and his wife build a home on that save and except tract.
A few years more have passed since the mother in law passed away and then her spouse passes away. He had left a will that named his son as executor. Every thing in the will is spelled out and the save and except tract is not mentioned and should not be mentioned.
Now, the executor and his lawyer 30 years later claim that the save and except tract belongs to the estate regardless of the deed of record filled 30 years previously. Community Property is the guise being used to take the property.
How can this be?

In Texas, the absolute adverse possession period is 25 years. It has been nearly 30 years since the save and except tract was recorded. If nothing else, he and his wife own the property by the 25 year statute.

Any thoughts. I have looked for law and other decisions made by the courts.

I am trying to help this fellow who happens to be a neighbor and friend. My fee is gratis.

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