Paper: Houston Chronicle
Date: Mon 10/22/2007
Section: Business
Page: 2
Edition: 2 STAR
Am I my neighbor's tree's keeper? Well, yes
By RONALD LIPMAN
Editor's note: The information in this column is not intended as legal advice but to provide a general understanding of the law. Readers with legal problems, including those whose questions are addressed here, should consult attorneys for advice on their particular circumstances.
Q: My neighbor's tree in his backyard has grown so big that its branches have extended over my backyard.
When I sent him a letter asking him to trim them back, he responded: "Please trim the branches that are a problem. I will then trim my side of the fence. This is the procedure followed by all the other neighbors."
I am not sure that really is the procedure being carried out in this neighborhood. Since it's not my tree, I don't think I have the obligation to trim the branches. Do I have any legal ground to get him to do it?
A: Your neighbor is correct, for the most part. You need to trim his tree.
However, your neighbor would need to remove or trim the tree at his own expense if it is diseased or dead and therefore poses an unreasonable risk of harm to your property. Otherwise, he could be held liable for any damages caused if the tree were to damage your property.
If your neighbor refuses to remove a dangerous tree and you live in Houston, you can call the Neighborhood Protection Corps by dialing 311. This is a city-run office designed to help with problems like the one you are facing.
If the city determines your neighbor's tree is dangerous, they will issue a notice to have it removed within 10 days.
If your neighbor fails to remove the tree, he can be fined as much as $500, and the city can even remove the tree at your neighbor's expense.
If you live outside the city of Houston, you may want to check with your local city government to see about tree ordinances or similar procedures.
Q: My mother is 78 and lives in Colorado with her 84-year-old second hu*****and.
Her house, bank accounts and stocks are all in Texas. In 2004, I was appointed as her authorized agent on her Medical Power of Attorney and her Statutory Durable Power of Attorney, both prepared in Texas.
In August 2006, her doctor diagnosed her with stage 3 dementia and says she should be under 24-hour, assisted-living care. Last month, her hu*****and, with the aid of his attorney in Colorado, changed her powers of attorney. I want to reinstate the original powers of attorney. What are my options?
A: You need to hire an attorney in Colorado to challenge the validity of the new powers of attorney. It is possible as well that your mother also signed a new will leaving all of her property to her new hu*****and. Therefore, you may find yourself fighting two battles, one over the new powers of attorney and another, after her death, over the validity of her will.
Q: My son died in January 2006. I probated his will myself in probate court but forgot to deal with a small tract of land he owned out of town, but in Texas. I would like to sell the lot now to distribute among his siblings. How do I handle this? Do I need to get a lawyer?
A: Unless you happened to close out the probate, you still have the authority as executor of your son's estate to handle the sale of the property. You would also still have the authority to amend the inventory you filed as part of your son's probate to list the land and its value as of your son's date of death.
If the sale is handled through a title company, they will be able to order certified copies of the relevant probate documents from the probate court and file them of record in the county where the property is located.
You probably don't need an attorney to help you with the probate matters since you were able to conduct the probate without one. However, you may want to hire an attorney to assist with the sale of the land, since neither your real estate agent or the title company are obligated or qualified to look out for your best interests.
Q: My hu*****and and I are buying our home, and we own two automobiles along with our other personal belongings and investments. Is a handwritten will legal in Texas? Does it need to be notarized? If it is legal, what are the basics that need to be included? We each have two children from prior marriages.
A: Handwritten wills, otherwise known as holographic wills, are legal in Texas.
As long as the document is entirely in your own handwriting and signed, then it is a valid will. No witnesses are required, and it doesn't need to be notarized. You should not type any part of the will or incorporate other markings into the text of the will. Otherwise it may not be valid.
There are many provisions that need to be included - too many to discuss here - and they may be somewhat different from a standard will since each of you has children from a prior marriage. Holographic wills are certainly inexpensive, but you might write yourself a will with ambiguities and other defects that end up costing tens of thousands of dollars in legal fees following one or both of your deaths.
Date: Mon 10/22/2007
Section: Business
Page: 2
Edition: 2 STAR
Am I my neighbor's tree's keeper? Well, yes
By RONALD LIPMAN
Editor's note: The information in this column is not intended as legal advice but to provide a general understanding of the law. Readers with legal problems, including those whose questions are addressed here, should consult attorneys for advice on their particular circumstances.
Q: My neighbor's tree in his backyard has grown so big that its branches have extended over my backyard.
When I sent him a letter asking him to trim them back, he responded: "Please trim the branches that are a problem. I will then trim my side of the fence. This is the procedure followed by all the other neighbors."
I am not sure that really is the procedure being carried out in this neighborhood. Since it's not my tree, I don't think I have the obligation to trim the branches. Do I have any legal ground to get him to do it?
A: Your neighbor is correct, for the most part. You need to trim his tree.
However, your neighbor would need to remove or trim the tree at his own expense if it is diseased or dead and therefore poses an unreasonable risk of harm to your property. Otherwise, he could be held liable for any damages caused if the tree were to damage your property.
If your neighbor refuses to remove a dangerous tree and you live in Houston, you can call the Neighborhood Protection Corps by dialing 311. This is a city-run office designed to help with problems like the one you are facing.
If the city determines your neighbor's tree is dangerous, they will issue a notice to have it removed within 10 days.
If your neighbor fails to remove the tree, he can be fined as much as $500, and the city can even remove the tree at your neighbor's expense.
If you live outside the city of Houston, you may want to check with your local city government to see about tree ordinances or similar procedures.
Q: My mother is 78 and lives in Colorado with her 84-year-old second hu*****and.
Her house, bank accounts and stocks are all in Texas. In 2004, I was appointed as her authorized agent on her Medical Power of Attorney and her Statutory Durable Power of Attorney, both prepared in Texas.
In August 2006, her doctor diagnosed her with stage 3 dementia and says she should be under 24-hour, assisted-living care. Last month, her hu*****and, with the aid of his attorney in Colorado, changed her powers of attorney. I want to reinstate the original powers of attorney. What are my options?
A: You need to hire an attorney in Colorado to challenge the validity of the new powers of attorney. It is possible as well that your mother also signed a new will leaving all of her property to her new hu*****and. Therefore, you may find yourself fighting two battles, one over the new powers of attorney and another, after her death, over the validity of her will.
Q: My son died in January 2006. I probated his will myself in probate court but forgot to deal with a small tract of land he owned out of town, but in Texas. I would like to sell the lot now to distribute among his siblings. How do I handle this? Do I need to get a lawyer?
A: Unless you happened to close out the probate, you still have the authority as executor of your son's estate to handle the sale of the property. You would also still have the authority to amend the inventory you filed as part of your son's probate to list the land and its value as of your son's date of death.
If the sale is handled through a title company, they will be able to order certified copies of the relevant probate documents from the probate court and file them of record in the county where the property is located.
You probably don't need an attorney to help you with the probate matters since you were able to conduct the probate without one. However, you may want to hire an attorney to assist with the sale of the land, since neither your real estate agent or the title company are obligated or qualified to look out for your best interests.
Q: My hu*****and and I are buying our home, and we own two automobiles along with our other personal belongings and investments. Is a handwritten will legal in Texas? Does it need to be notarized? If it is legal, what are the basics that need to be included? We each have two children from prior marriages.
A: Handwritten wills, otherwise known as holographic wills, are legal in Texas.
As long as the document is entirely in your own handwriting and signed, then it is a valid will. No witnesses are required, and it doesn't need to be notarized. You should not type any part of the will or incorporate other markings into the text of the will. Otherwise it may not be valid.
There are many provisions that need to be included - too many to discuss here - and they may be somewhat different from a standard will since each of you has children from a prior marriage. Holographic wills are certainly inexpensive, but you might write yourself a will with ambiguities and other defects that end up costing tens of thousands of dollars in legal fees following one or both of your deaths.
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