San Antonio Express-News
August 26, 2003

"Reading of the Will"

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More on Residential Construction Commission

copyright 2003, Paul Premack

Texas probate law generally requires a Will to be presented within four years of the date a person dies. It would be unusual for the Will to be brought into court eight years after your mother died, but not impossible. Once admitted to probate, the terms of the Will determine ownership.

If the Will is in probate court, then you can find out the status by visiting the Probate Clerk's office on the second floor of the Bexar County Courthouse. The probate record is public. Look for a court order either 1) naming an executor, or 2) granting the Will status as a muniment of title.

If you search for a record but do not find anything, state law determines the identity of the home’s owners. You don’t specify what document your father is trying to get you to sign. Perhaps he is trying to clear title with an affidavit of heirship, and is informally calling it "probate." The document might effect your rights, so you should take it to an attorney experienced in probate or real estate issues before you sign it.

Dear Mr. Premack: I read your column on August 12 about the new Residential Construction Commission. Will my rights be restricted if I do an improvement to my existing home? What about building a home myself, where I hire the subcontractors directly? What if I build a fourplex as an investment property? Thanks -- RP

The terms of the law do limit your rights when a contractor does improvements to your existing home. The improvements must meet minimum quality standards. If you allege they are defective, you must bring your claim through the new Commission after September 1, 2003.

The law will not apply to someone who acts as their own general contractor, nor to construction of commercial properties (unless the property is a single family home or a duplex). If you build an apartment building and have complaints about the work, your rights are not limited under the new law. If you build a rent house or duplex, complaints go to the Commission.

Dear Mr. Premack: I object to your inference, in your August 12 column, that private inspectors would be biased toward the builders. I am a construction management consultant and have been doing Construction Forensic Investigations since 1987. I always stipulate that that my reports will accurately depict the facts that I uncover prior to accepting an assignment. While licensing is lacking here in Texas, most of the country has strict licensing of General and Building Contractors. There are professional constructors out there. Go to www.aicnet.org for more information. FMK

The new law gives opportunity for inspections biased toward builders. Not all private inspectors have your integrity and credentials, and this law does not protect the buyer. Smart homebuyers should stay alert for inspector bias.