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Questions Answered by Teri A. Walter
1 Answer | Asked in Employment Law for Texas on
Q: Can my employeer fire me if I recuse to get the covid19 vaccine
Teri A. Walter
Teri A. Walter
answered on Aug 24, 2021

At present, the answer appears to be yes.

1 Answer | Asked in Business Formation for Texas on
Q: Hello - i need help drafting an LLC operating agreement. Would appreciate any help on this matter.
Teri A. Walter
Teri A. Walter
answered on Aug 24, 2021

You'll need to contact a lawyer in your area who does this. Because LLCs can be so flexible in how they're operated, and in separating the ownership from the right to run the company and the right to profits, LLC operating agreements can be either pretty simple or very complex, depending... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Libel & Slander for Texas on
Q: Slander and Defamation

I'm having an issue of where a place that I used to live at, and apartment complex including the management have been spreading lies about me being bipolar, crazy and dangerous. I am bipolar and the lies have spread out the my current place that I have recently moved to and to my neighbors... View More

Teri A. Walter
Teri A. Walter
answered on Aug 24, 2021

It's unclear why you are worried about eviction, or exactly what's happening. You get evicted for not complying with the lease, not because people are spreading lies about you.

If the lies are believed and you can prove damages, you might have a case, but filing a suit is not...
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1 Answer | Asked in Real Estate Law for Texas on
Q: How to file a complaint on HOA regarding water bills issue?

I'm currently renting a house. I've had issues w/ the water bill since 2017. The water bill has never been sent out monthly. It is random. The mmgt co and the water co has changed 3 or 4 times. Initially, they were having accounting issues. When she left everything was a mess regarding... View More

Teri A. Walter
Teri A. Walter
answered on Aug 24, 2021

I can't tell who is providing the water service from what you wrote. I'm sure you can complain to the HOA by contacting whoever is in charge of the HOA, but that may not solve your issue. Also, since it sounds like the owner is somehow involved, you'll want to check your lease to... View More

1 Answer | Asked in Estate Planning for Texas on
Q: Does of affidavit of heirship mean the estate will be divided between all living heirs or can it just be for a spouse?

My Father has mineral rights in TX but passed away in CA. Does the affidavit of heirship mean that his monthly royalties will be divided between spouse and children? I am trying to see if there's a way for my mom to get the monthly royalties where it will not be divided between Her and her children.

Teri A. Walter
Teri A. Walter
answered on Aug 24, 2021

An affidavit of heirship simply identifies all the heirs of a person - it doesn't divide the property.

What those heirs will receive out of an estate depends on whether there was a will, what the will provides, whether the property is separate or community, real estate or personal...
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1 Answer | Asked in Uncategorized for Texas on
Q: My daughter was accused of stealing and asked to be searched without the consent of her father at her job
Teri A. Walter
Teri A. Walter
answered on Aug 24, 2021

Your daughter's employer is not required to ask you for permission to search your daughter at her job.

1 Answer | Asked in Criminal Law for Texas on
Q: I have a pre-trial matter hearing today. How should I plea?
Teri A. Walter
Teri A. Walter
answered on Aug 24, 2021

Sorry, no one can give advice to you about your specific situation - which none of us know, and should not be posted online here or anywhere else. You need to speak to a criminal defense lawyer in your area. If you can't afford a lawyer, ask to talk to a public defender.

1 Answer | Asked in Family Law for Texas on
Q: if my grandparents had legal custody of me am i considered there child?
Teri A. Walter
Teri A. Walter
answered on Aug 24, 2021

No, having custody custody of a child is not the same as adoption.

1 Answer | Asked in Uncategorized for Texas on
Q: Im 17 years old and had sexual intercourse with a 31 year old guy,which now I’m pregnant.Will anything happen to him?

We love each other I really don’t want nothing to happen to him , and I’m aware the consent age in Texas is 17 years old so I was the one who decided to have sexual intercourse with him.

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

What will happen is that he'll be responsible for child support, assuming you have the child.

1 Answer | Asked in Elder Law and Family Law for Texas on
Q: I am caring for mother who lives out of state. If she goes home with me for a visit what are some consequences?

I do not have guardianship or POA. The visit will be for a few months. I am worried about a financial eldery abuse with my step brother if we stay in her home state.

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

Assuming your mother is competent and is going with you willingly, neither a guardianship nor a power of attorney is required. If you want to handle her financial affairs, she must be competent and sign a power of attorney allowing that.

1 Answer | Asked in Family Law for Texas on
Q: My sister wants to add me to a Statutory Durable Power of Attorney that she has already signed and executed for my Dad.

She lives in Lubbock TX and I live in Austin TX .

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

She can either execute a new POA for you (which may have different provisions than what she put on the one she gave to your father), or she can sign a new POA with both of you.

1 Answer | Asked in Divorce for Texas on
Q: Divorce in Texas, home renovations cost was 500k more than the appraisal, way to recoup those costs?

We are still working on the final touches on a full home renovation. I was going to just let my spouse keep the house, but the appraisal does not show the massive amount of money spent on the house. I saw cost basis but is there a way to recoup that additional money?

Teri A. Walter
Teri A. Walter
answered on Aug 19, 2021

You might want to address this question to your divorce lawyer. If you're dealing with property worth over $500k, and don't have a lawyer, start by getting one.

1 Answer | Asked in Child Support for Texas on
Q: Why would my child support be only a registry only? I did not ask for it to be done that way.
Teri A. Walter
Teri A. Walter
answered on Aug 18, 2021

Because the court ordered it to be done that way, which is standard.

1 Answer | Asked in Divorce for Texas on
Q: Where would I get a final divorce decree, or does the court house issue those
Teri A. Walter
Teri A. Walter
answered on Aug 18, 2021

Contact the court clerk for the court that issued the divorce, give them the case number, and ask how to order a certified copy of the decree.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: I have documentation in texts and emails to prove I am being harassed (Multiple ways) by my landlord. Do I have a case?

Proof of Incorrect information, No access to a Lease that was electronically signed, Threatened to evict with no probable cause, does not answer questions, and does not work with tenants nor do they accept the evidence when the tenant shows proof on time of rental payments.

Teri A. Walter
Teri A. Walter
answered on Aug 18, 2021

Sorry, none of that is harassment, and "probable cause" only relates to criminal matters. The landlord can threaten to evict any time you're not in compliance with the lease, and can follow through on that threat. Even if they lose the eviction case, their threat of eviction... View More

2 Answers | Asked in Consumer Law, Contracts, Criminal Law and Civil Litigation for Texas on
Q: Collateral on a loan was never returned when the loan was never provided. Indirect threats were made following this

Is this a criminal and/or civil matter? The collateral in question was the key to my storage unit which contained $30k-$40k worth of personal property. When no loan was ever produced I asked for key to be returned the day that the offer of a loan was proposed. They refused. I found out 2 weeks... View More

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

Ultimately, the situation could result in both civil and criminal penalties. Make a police report to start with. You may also want to consult with a lawyer about what would be needed for the civil claim, what evidence you have regarding what was taken, who took it, and the value of the property.

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3 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: Can police issue a contempt ticket on spot if 6 yr old will not go with father for court ordered visit?

Mother makes the daughter feel bad for leaving her. So the daughter won't go with the father. Police have been involved but won't tear daughter from mother. Understandable, but it is court ordered. So, can the police issue a contempt ticket on spot or do we need to go to court?

Teri A. Walter
Teri A. Walter
answered on Aug 17, 2021

No, police don't issue "contempt tickets." Only the judge can hold someone in contempt.

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1 Answer | Asked in Landlord - Tenant for Texas on
Q: My ex-landlord put in the online portal where I paid my rent, that I crashed into my neighbors place, it was my daughter

Can I sue my landlord. My daughter along with another daughter was caring for my husband while I was on vacation neither one of them lived with me at the time or on my lease. In the rental portal the landlord put that it is me that crashed into the neighbors apartment and that the check to pay for... View More

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

It's not clear that you have any damages. Without damages, you have no valid case. You might try talking to your landlord and see if they will correct the notation.

1 Answer | Asked in Civil Litigation and Small Claims for Texas on
Q: My roommate is threatening to sue me for rental assistance that she secretly applied for and paid someone else to do

She applied the apartment we share for the apartment Texas rental relief which is for households only and is demanding that I pay her back the funds that were automatically applied for 2 months of rent with a government check for over $4,000 that she paid someone to put through the application to... View More

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

I don't understand your question. Your roommate paid someone else to apply for rental assistance, apparently received it, and is threatening to sue you for it? If your agreement with your roommate is to pay 1/2 of the rent, do that.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: Power of Attorney to act in legal matters in texas court?

Hi, I am in texas and I want my brother to act of my behalf in my childsupport and alimony cases in court. I am so tired of the defendant s threats and harassments.

I donot want to see his face during hearings anymore or talk. I want my brother to act and attends court hearings on my... View More

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

I suppose you could do this, but it's unlikely that having someone else act for you would end any "threats and harassments" by the other side. In addition, there will likely be times when your personal presence is required - such as for testimony. Your absence even at other times is... View More

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