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Questions Answered by Teri A. Walter
1 Answer | Asked in Real Estate Law for Texas on
Q: Deed Restriction "Domestic Livestock for Personal use only"

I am about to purchase a home with 15 acres of land. The deed restrictions says "Domestic Livestock for Personal use only". There is nothing says about how many heads per acre or poultry or any type of animals not allowed.

Can I still raise Chicken / Deck ?

Can I sell... Read more »

Teri A. Walter
Teri A. Walter answered on Apr 29, 2021

I don't know that there's any fixed amount, if it's not contained in the deed restrictions. You might want to check with the homeowners' association and see how they've been handling it. They may have rules and an enforcement history that address the issue.

1 Answer | Asked in Contracts, Real Estate Law, Civil Rights and Landlord - Tenant for Texas on
Q: I'm the Landlord,my rental contract between both parties has expired in 2017.Although the contract has not been re-signe

We still maintain the rental relationship.Recently,due to the damage of the house.Tenant is unwilling to take responsibility for repairs.But in our old contract,these damages should be repaired by the tenant.Can I ask him to take responsibility for repairs,even if our contract has... Read more »

Teri A. Walter
Teri A. Walter answered on Apr 29, 2021

When the original term of a lease expires and the tenant stays in the property, the tenant does so under the same terms as the original lease, but becomes a month to month tenant. Your lease appears to have an increased rent amount, but if you've been accepting rent under the old rate for 2-3... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: My mom has just castaway. An she has 3 properties in her name an no will was ever made.what happens to these prperties
Teri A. Walter
Teri A. Walter answered on Apr 29, 2021

If there is no will, when someone dies, their property passes under the rules of intestate succession. A chart showing how this works can be found here: https://texaslawhelp.org/sites/default/files/texas_descent_and_distribution_chart.pdf

You should talk to a probate lawyer in your area to...
Read more »

2 Answers | Asked in Elder Law for Texas on
Q: If I have medical and durable POA for my grandma with dementia, can I decide for her where she lives?

I got POA 4 years ago. She was diagnosed with dementia 3 years ago. Her husband has passed away. Her doctors (primary, cardiologist, and neurologist) say she cannot live alone, but she wants to stay at home. I cannot live with her (I am married with 3 kids of my own). Besides the dementia, she has... Read more »

Teri A. Walter
Teri A. Walter answered on Apr 26, 2021

You can certainly provide her with a place to live, but you can't force her to live there. A power of attorney authorizes you to act for her, but doesn't give you the right to control her - for that you would need a guardianship. Her condition may or may not support having a guardian appointed.

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1 Answer | Asked in Real Estate Law for Texas on
Q: I filed a lien on a property in Galveston county for non payment on construction work which was finished.what's
Teri A. Walter
Teri A. Walter answered on Apr 26, 2021

What's next (assuming they don't pay, you've sent the proper notices, and your lien is timely) is to file suit to foreclose the lien. For residential projects, the suit must be filed in 1 year; the deadline is 2 years for commercial projects. You can recover interest at 18%, plus... Read more »

1 Answer | Asked in Uncategorized for Texas on
Q: My father died on 5/17/2020 and there hasn’t been no probation count date. What do I do I haven’t be told about a will?
Teri A. Walter
Teri A. Walter answered on Apr 22, 2021

If you don't know of a will, and no will has been filed for probate, then your father's estate will pass by the rules of intestate succession. Here's a link to a chart that explains it. https://texaslawhelp.org/sites/default/files/texas_descent_and_distribution_chart.pdf... Read more »

2 Answers | Asked in Family Law and Child Custody for Texas on
Q: I need to find out what rights or who to contact. I have to my daughter. Ive never been to court or recieved anything.

The mother of my child took my daughter away from me when she was 3 yrs. old I have not seen her since. I have not been to court at all, but I was ordered to pay child support. I had no knowledge of such order until I came home. I have not had any contact with her mother or her, She refuses. I... Read more »

Teri A. Walter
Teri A. Walter answered on Apr 22, 2021

Take the child support order to a family lawyer in your area. They can find out exactly what happened and tell you what your options are.

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1 Answer | Asked in Car Accidents for Texas on
Q: Hi I rented a vehicle and let my cousin borrow it. While he was driving he got into an accident and fled the scene.

The plaintiff is suing me. Am I 100% liable for damages

Teri A. Walter
Teri A. Walter answered on Apr 22, 2021

You may be liable for negligent entrustment, depending on the circumstances. Check with your auto insurance carrier ASAP to see if they will cover this and handle the defense of the case.

1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: The couple's lawyer states that we need to go to PR to sign contract. That we can not email signatures.
Teri A. Walter
Teri A. Walter answered on Apr 22, 2021

Sorry, that's a statement, not a question, and I don't know what "PR" means. Real estate contracts are frequently signed electronically, or signed and emailed.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: When an appellee does not answer the brief asked by judge in given time, what option, appellant has?
Teri A. Walter
Teri A. Walter answered on Apr 20, 2021

I think you're asking what happens when the appellant files their brief and the appellee does not. In that case, the appeals court will make its decision based on the record, and the appellant's arguments.

1 Answer | Asked in Real Estate Law for Texas on
Q: is putting a shed on property Consideried altering property

our land lord told us we could move a shed on to property before we rented it 6 months later he gave us 30 days to leave for altering property it states in lease must have written authorizion to alter property I didn't know that was a alteration

It also state he must give written... Read more »

Teri A. Walter
Teri A. Walter answered on Apr 20, 2021

Assuming the shed is not permanently attached to the land, it would not normally be considered an alteration to the property, but it's possible there may be some other lease violation (such as violating HOA restrictions).

In the meantime, if the house has serious maintenance issues...
Read more »

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: I had a question about an inheritance of a house from a parent.
Teri A. Walter
Teri A. Walter answered on Apr 20, 2021

Unless you post your question, no one can answer it.

Inheritance is either by will, or by intestate succession. Here's a chart that explains who inherits property if there is no will. https://texaslawhelp.org/sites/default/files/texas_descent_and_distribution_chart.pdf

Using...
Read more »

1 Answer | Asked in Landlord - Tenant for Texas on
Q: My employer fired me cause of a compliant from a customer of theirs, my landlord Can I sue the landlord
Teri A. Walter
Teri A. Walter answered on Apr 16, 2021

Probably not, but it's hard to say anything for sure without some context - such as what they said, whether it was true, and the exact reason you were fired. Unless what they said was untrue, and the employer fired you because they believed it (and not for any other reason), I doubt there is... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: I have a issue for the rental properties, could you please help evaluate the case?

The problem is that the contract was from 3/1 /2020 - 3/31/2021 It was originally supposed to be for 12 months. The realtor agent, K, made a mistake on the contract, ending it at the end of March of 2021 instead of the beginning, making it a 13 month contract. I contacted the agent after I signed... Read more »

Teri A. Walter
Teri A. Walter answered on Apr 15, 2021

I suspect that the lease agreement calls for monthly rent, paid in 6 month increments. Just because the lease is silent (if it is) on when other rent payments are due doesn't make it free. If that's correct, then I suggest you first sue the tenant for the unpaid rent, and find a new... Read more »

2 Answers | Asked in Employment Law for Texas on
Q: Can the salon I work for that gave me a W-9 require me to get LLC? They hired me as 1099 am I misclassified

They have a dress code I have a key but I have a set schedule that is when they are there and when a receptionist is there. I am also paid commission. I am afraid being LLC would hurt me tax wise vs just staying how I am because my write off have gone down since starting with them as I don’t have... Read more »

Teri A. Walter
Teri A. Walter answered on Apr 15, 2021

No, they can't make you have an LLC. However, having one set up properly shouldn't change your tax situation, other than the fact that you'll need to start paying yourself by payroll, with withholding, and keep your business income and expenses separate from your personal income and expenses.

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1 Answer | Asked in Real Estate Law for Texas on
Q: I live near a property where the women who lived there passed away in August 2019. What happens if no one claims it?

She had no spouse, parents, siblings, or children. She does have 7 nephews/nieces. I want to get this property sold as I'm working on cleaning up my neighborhood. What can I do? Contact the nephew? What then? I know probate can take a while, but I don't think the extended family knows... Read more »

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

If you think the family doesn't know about the property, you may want to contact them. Maybe you could work a deal to buy the property, after either the probate of the owner's will, or an heirship proceeding to determine who should inherit her property.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Q: I live on a property with a man who is trying to do squatters rights. I live in a seperate trailer. He turned off part

Of my electric. I'm not sure he filled rights correctly either. How can I go about finding out and also is there a way to override his claim on the property.

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

You don't mention what your rights or claim to the property are, or for that matter, what the basis of the other person's claim claim is. Without knowing both, it's impossible to answer your question.

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: I have an aunt who is the executor to my grandfathers will (nonprobated) how can we change the owner of the deed?

Trying to transfer the deed to my grandmothers name because she is still living how do we do that?

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

The Only way to transfer title to your grandfather's property is to probate the will. The executor, when appointed by the court, will have authority over your grandfather's property, to dispose of it according to the will. Until that happens, no one has authority to sign anything at all... Read more »

1 Answer | Asked in Animal / Dog Law for Texas on
Q: My roommate shaved my dog without my consent, is there any legal action that can be taken?
Teri A. Walter
Teri A. Walter answered on Apr 13, 2021

This sounds like such an unusual and strange thing to do that I feel certain there is more to this story. However, on the facts stated, you have no damages. The fur will grow back. Although it would be an assault on a person, animals are property.

1 Answer | Asked in Business Formation for Texas on
Q: If I form a professional corporation in Texas can I use an assumed name and attach PA at the end?

I am looking to form a new corporation but I want to be able to use the designator of PA on my assumed name not necessarily on my official filed business name. Is that an option? I am a physician.

Teri A. Walter
Teri A. Walter answered on Apr 12, 2021

No. A "PA" means professional association. A “professional association” is defined as an association, as distinguished from a partnership or a corporation, that is formed for the purpose of providing the professional service provided by: doctors of medicine, doctors of osteopathy,... Read more »

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