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Questions Answered by Teri A. Walter
2 Answers | Asked in Real Estate Law, Divorce and Family Law for Texas on
Q: A wife was awarded the prop after the divorce from her husband. She never changed deed. She did a ToDD. What happens to

At this point? Does the individual who inherited the TODD inherit only 50% or the full 100%?

Teri A. Walter
Teri A. Walter
answered on Mar 15, 2024

The person who acquired the property from your wife by a transfer on death deed now owns whatever part of the property your wife owned, subject to any liens that may exist (such as mortgages or unpaid taxes). If your wife got 100% of the property in the divorce, and didn't transfer any of it... View More

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2 Answers | Asked in Real Estate Law and Contracts for Texas on
Q: How do I fight an affidavit of lien by the AC contractor?

hi I got an AC contractor to replace the compressor of my house AC after it failed. They came and replaced the compressor. But the new compressor they put on failed in 3 days. They sent me a $5240 invoice, which I refused to pay. Now they send an affidavit of Lien on the house. How do I fight it?

Teri A. Walter
Teri A. Walter
answered on Jul 25, 2023

I certainly agree that you should notify the contractor about the problems, and request warranty service.

As to the lien, in order for the contractor to get a valid lien against homestead property, there must be a written contract, signed by both spouses. If there is not (and many...
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1 Answer | Asked in Real Estate Law for Texas on
Q: Lien on personal real estate property in Live Oak, TX no notice given on offences committed on personal home.

Trying to sell personal home to investor real estate.

Teri A. Walter
Teri A. Walter
answered on May 17, 2023

The options depend primarily on the type of lien, which I cannot determine from your question. If it's a judgment lien, there is a form affidavit you can complete stating that the property is your homestead, and therefore the lien does not attach to the property. If it's a tax lien,... View More

2 Answers | Asked in Land Use & Zoning, Real Estate Law, Contracts and Construction Law for Texas on
Q: What can I file saying that my neighbor agrees to let me put a business sign on their property?

The neighbor is also a business. It's in an unincorporated zone in Llano Tx, so there are no sign permits. The official property lines on the Land Title are like 3-4 ft off so everyone's lot is technically overlapping.

Teri A. Walter
Teri A. Walter
answered on Mar 15, 2024

A signage easement would certainly work, but you could also do a lease for the area you need to place your sign, or even just get written permission to place the sign on your neighbors property.

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2 Answers | Asked in Criminal Law for Georgia on
Q: If I joke that I sell seashells by the seashore during a deposition, am I committing perjury?

I am doing legal research for a YouTube video in response to someone who seems to believe that a character saying, "on my tax returns, it says I sell seashells by the seashore, but I moonlight a bit" as a way of saying he does oddjobs, is somehow equivalent to perjury.

Teri A. Walter
Teri A. Walter
answered on Jul 25, 2023

Perjury is an untruthful statement under oath. Nothing in your post suggests that the person was untruthful, just flippant and probably evasive in a situation that calls for serious answers.

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1 Answer | Asked in Real Estate Law, Civil Litigation and Landlord - Tenant for Texas on
Q: Hello, my landlord hired a management company to collect my deposit and rent she’s since severed ties with the company

and now they will not send the money to my Landlord or back to me is that not stealing!? The deposit is 1900 plus two months rent April/May’s. I’ve already sent an email to the management company asking them to forward the money to my landlord or send back to me immediately and they needed to... View More

Teri A. Walter
Teri A. Walter
answered on May 17, 2023

The prior manager stole from the landlord, not from you. Your landlord is the one with the claim, not you, which is why your landlord is asking for your assistance to get the money back. Give them a copy of whatever you have that shows you gave the payment to the prior manager.

2 Answers | Asked in Real Estate Law for Texas on
Q: If a right of way has been in place for 60 years but the street dept has not used It, and now wants to take part of

Front yards can the law of adverse

Possession be used?

Teri A. Walter
Teri A. Walter
answered on May 17, 2023

The short answer is no, you cannot adversely possess property against a government entity.

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1 Answer | Asked in Family Law for Texas on
Q: I'm looking for low income lawyer to help me. My father passed in September and his widow will not give me keys

There has been no will produced.

Can you help me with a lawyer ??

Teri A. Walter
Teri A. Walter
answered on Jan 6, 2022

Keys to what? A house, a car, a safe, a boat, a crypto-currency account? Is the item you want keys to yours, or was it your father's? If there's no will, you need to look at the rules of intestate succession to determine who has rights to what property. In order to take any action on... View More

1 Answer | Asked in Insurance Defense for Texas on
Q: If I drive a vehicle that doesn't have insurance on it can I still be held financially responsible for the vehicle

Vehicle is not mine and not registered to me

Teri A. Walter
Teri A. Walter
answered on Jan 6, 2022

You're always responsible for accidents you cause, no matter whose vehicle it is. You need your own insurance.

1 Answer | Asked in Personal Injury for Texas on
Q: Memorandum and the monroe doctrine proves I am heir to the Louisiana territory and gulf of Mexico . Right?

I am Robert Allen clark II my great great great grandfather was red cloud rev john clark and I'm crazy horse II .is that enough proof ?

Teri A. Walter
Teri A. Walter
answered on Dec 16, 2021

The short answer is no. Being related to someone in the past is not at all sufficient to show your ownership of any property. For example, I'm related to my grandmother, but I certainly do not own the house she used to own before she died.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Hi my friend had my 4 wheeler & one night his landlord changed locks & is holding my 4 wheeler as ransom until he pays

My friend’s landlord is holding my 4 wheeler & other items until he pay for breaking lease. Can he hold my property??

Teri A. Walter
Teri A. Walter
answered on Dec 16, 2021

No, the landlord has no authority to hold property belonging to someone else. Go show him whatever documents you have showing that the 4 wheeler belongs to you, and pick it up. If he won't release it, you can sue for conversion - small claims court will have jurisdiction over claims of less... View More

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Texas on
Q: Mentor and breached contracts.

I had a mentor that would have me sign contract with “businesses” that were really not real. Not only were they not real but I was paying him upwards of 4000 a month to him. $300 was legitimate as he would meet with me as a mentor. I however have a contract through him with his parents who i... View More

Teri A. Walter
Teri A. Walter
answered on Dec 16, 2021

It sounds like you have multiple contracts with this person, and he has multiple assumed names (the business names on the contracts.) If you are not receiving the services you contracted for, you may be due a refund.

As to the car, it's impossible to tell from your description...
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1 Answer | Asked in Estate Planning, Real Estate Law, Landlord - Tenant and Probate for Texas on
Q: Harris County TX.non-relative squatting in Deceased Parents house.How can I kick him out & Charge back rent?

Mother died 2019. No will or executor of the estate.

I started Probate (June 2020) on her estate because of the obvious fraud and concealment taking place by Stepdad.

Stepdad died in August 2021. So far the probate has gone nowhere, because the attorney I hired was either... View More

Teri A. Walter
Teri A. Walter
answered on Dec 16, 2021

The status of the probate case is not clear, but before anyone can do anything with the house, two things have to happen: 1) There must be someone appointed to represent the estate - if there's no will, that means you need an administrator appointed. 2) The administrator would have the... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: landlord says I did not pay rent, I have the M Order receipts I gave him, additionally Im beneficiary of a fed program

of rent relief which covered 8 months, plus 7.5 months I paid, LLrd refuses to provide one single receipt. He is using dubious accounting practices. bottom line all included I must have covered about 15 months of rent & wants me to start paying again in January 2022, lease is expired and he did... View More

Teri A. Walter
Teri A. Walter
answered on Dec 14, 2021

You should Always keep your own records. If you think the landlord is not going to credit all your payments, that's a really good reason to start gathering your own records.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Is it standard for a landlord to raise the deposit when the lease is being renewed

Yes their are repairs that need to be done..but i feel those are thing the landlord should fox like the water does not come out the tub or sink in 1 bathroom and the ceiling fan in the living room went out and these things have been broken for years

Teri A. Walter
Teri A. Walter
answered on Dec 14, 2021

Most won't do it, but renewing a lease is entering into a new contract. With a new contract, everything is up for negotiation. Of course, the deposit does not apply to the repairs; it applies to cover damage to the property by the tenant.

Look here for a detailed description of how...
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1 Answer | Asked in Uncategorized for Texas on
Q: Judge gave me a set aside for homestead as surviving spouse. No kids and an old will all goes to A&M. What am I to pay?

Everything that I have read shows that I have to pay taxes and upkeep on home. The home has no mortgage. I am being told that I have to pay homeowner's insurance. What is the truth? This is in Texas

Teri A. Walter
Teri A. Walter
answered on Dec 14, 2021

It sounds like you have a life estate. Life tenants must maintain the house, which should include an insurance policy to protect the remaindermen in the event that the house is damaged. If there was a fire, for example, you'd be responsible to pay for the damages. An insurance policy is cheaper.

1 Answer | Asked in Uncategorized for Texas on
Q: Does verbal abuse and severely low mental health of a child get the child removed?

My father is horrible. I am 16 years old, my mom passed when i was 10. I love my father i have to, but i cannot stand his verbal abuse. He does so much for me, but i am breaking as a person everyday. I have a sister who is financially stable and she would let me come over anytime. I just don’t... View More

Teri A. Walter
Teri A. Walter
answered on Dec 13, 2021

Sorry, CPS likely won't do anything about this.

I was in a similar situation, and got a job so that I could spend as little time in my father's house as possible. It sucks, but I think you're stuck for 2 more years. The good news is that by that time, you can save some...
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1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Texas on
Q: I had an an attorney send me a demand letter stating I had 3 days to give them money

So details ( I’m not delinquent on rent) I have a friend who had kidney disease and was on dialysis. He couldn’t work and was on his death bed. I took him in and made sure he went to his appointments and he was on disability but it barely covered anything. His dialysis clinic let him know of a... View More

Teri A. Walter
Teri A. Walter
answered on Dec 13, 2021

Your rights are limited to the terms of the lease you signed. The fact that the manager may know that your friend is there doesn't change the terms of the lease.

1 Answer | Asked in Business Formation for Texas on
Q: is there legal trouble for registering an LLC with similar name compared to a business name in Australia.

started a moving business in Tx, registered an LLC then discovered there is a moving business in Australia, similar name but mine ends w/ "s".

Teri A. Walter
Teri A. Walter
answered on Dec 13, 2021

Not unless you're doing business in Australia, or that company is doing business in Texas. If the Texas Secretary of State accepted the LLC's name, you're probably good.

1 Answer | Asked in Estate Planning for Texas on
Q: My uncle set up a trust fund for my daughter, and come to find out shes not , so how can i get that trust fund back.?

i need to put a hold on the account . untill we can determined dna results.

Teri A. Walter
Teri A. Walter
answered on Dec 10, 2021

You didn't set up the account, so it's doubtful you have any right to do anything with it. Talk to the person that set up the account.

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