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Questions Answered by John Michael Frick
1 Answer | Asked in Contracts, Employment Law, Estate Planning and Probate for Texas on
Q: Is this true when a widow and late Husband has no children, everything goes to widow in Texas.

My late husband and I had no children, I was told that his employer is plan administrator, trustee, and fiduciary of my late Husband's estate. I have w2's and copies of tax statements, showing my late husband has a retirement plan, differed compensation, and a pension. According to... View More

John Michael Frick
John Michael Frick
answered on Apr 10, 2024

Not entirely.

If a Husband dies without a Will and with no surviving issue (children, grandchildren, great-grandchildren, etc.), 100% of the community property in his probate estate and 50% of his separate property in his probate estate passes to his surviving widow. The remaining 50% of...
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2 Answers | Asked in Gov & Administrative Law for Arkansas on
Q: How do I find out about a murder trial from 1990 in Greene county the details
John Michael Frick
John Michael Frick
answered on Apr 10, 2024

There may be some court records available through the court clerk's office. It is unlikely that a transcript of the trial will still be available. If the murder case was appealed, the attorney handling the appeal for the defendant may have kept a transcript of the trial testimony, but is not... View More

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1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Do i have to attend a deposition requested by email from the other parties attorney?

I'm wary because its through email and it seems not to be a court order. Just told "oral depositions is a normal discovery procedure authorized by the Florida family rules of procedure. Your attendance at this deposition is mandatory. I am only giving you the courtesy of coordinating it... View More

John Michael Frick
John Michael Frick
answered on Apr 10, 2024

Because you are a party, you are required to appear for deposition when you receive a formal written Notice. Typically, her attorney would contact your attorney to discuss available dates for scheduling. If you do not have an attorney, her attorney would reach out to you for available dates, most... View More

1 Answer | Asked in Collections and Civil Litigation for Virginia on
Q: How do I collect fees owed me from an attorney who won't pay? (Virginia)

I worked as an expert witness for an attorney. His client disagreed with my expert report and refused to pay the lawyer who retained me. He says he can't pay me unless he sues the client for payment, which he doesn't what to do.

Can I complain to the Virginia Bar? Or is a civil... View More

John Michael Frick
John Michael Frick
answered on Apr 10, 2024

Typically, when an attorney hires an expert witness, he is hiring the expert for a particular litigation matter for a specific client. Unless the expert and the attorney expressly agree otherwise, the attorney is acting as an agent for the client whose identity is usually disclosed to the expert... View More

1 Answer | Asked in Contracts for Texas on
Q: Can I terminate a property management contract if they fail to notify me as required for any repairs

Contract requires that they notify me if a repair is needed. They failed to notify twice with the new tenant and the repair charges were much higher than it would have cost me to have it fixed. Texas resident

John Michael Frick
John Michael Frick
answered on Apr 10, 2024

It depends on the specific language of the property management contract. Some owners hire property managers so that they will not be bothered with tenant requests for repairs and don't have to deal with vendors to make those repairs. Other owners insist on being given the right to... View More

2 Answers | Asked in Arbitration / Mediation Law, Family Law, Legal Malpractice and Civil Litigation for Texas on
Q: I need a lawyer to represent me suing my family attroney for malpractice

My family lawyer abandoned me right before the hearing I filed a complaint with Texas Bar he is under investigation I also sued him in Distract court as pro se need a lawyer to take over the case and represent me. I have a strong case and also have a witness who witnessed my lawyer abandoned me and... View More

John Michael Frick
John Michael Frick
answered on Apr 10, 2024

You need to look for a competent attorney in or near the county where the hearing was held experienced in the area of legal malpractice. I often handle cases of this nature. My rate of $500 per hour is reasonable and customary in the North Texas area, and if the amount of damages caused by your... View More

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1 Answer | Asked in Employment Law for Texas on
Q: I was let go from my new job after 90 day. Because the manager Ivan said with the other manager Ean That in the room

Ivan said i perform my duties because medical condition. Ean shuck his head no after Ivan said that he new that was wrong What can i do

John Michael Frick
John Michael Frick
answered on Apr 10, 2024

If you were fired despite being capable of performing all of your essential job functions solely because of a medical condition, you may have a valid claim for discrimination under the American with Disabilities Act or the Pregnancy Discrimination Act (ADA) depending on the medical condition you... View More

1 Answer | Asked in Employment Law for Nebraska on
Q: Is it legal for my employer to activate artificial intelligence in the trucks I drive for them is it unconstitutional
John Michael Frick
John Michael Frick
answered on Apr 9, 2024

There is no constitutional prohibition on activating artificial intelligence technology in trucks. Artificial intelligence is used by many trucking companies in logistics and route planning to optimize routes, considering factors like traffic patterns, weather conditions, and delivery schedules.... View More

2 Answers | Asked in Personal Injury and Civil Rights for North Carolina on
Q: what makes an injury case? Does my husband even have the rights to open a case?

A few months ago a local company was laying fiber lines along the road and had to dig up sections of our yard, on sunday my husband was mowing and didnt see a sink hole that was left by the local company till he drove the lawn mower into it after the mowing accident he can barely walk, and is in... View More

John Michael Frick
John Michael Frick
answered on Apr 9, 2024

Ordinarily, a company that creates a dangerous condition on property has a legal duty to warn others of the presence of the dangerous condition or to take steps to make the dangerous condition safe. If the company breaches that duty, it may be liable for any injuries that are proximately caused by... View More

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2 Answers | Asked in Traffic Tickets, Criminal Law and Civil Rights for Texas on
Q: Is it true a cop can make you exit the vehicle for any reason even just to violate your rights and purp inflict injuries
John Michael Frick
John Michael Frick
answered on Apr 9, 2024

No, a police officer cannot make you exit a vehicle "for any reason" or specifically "to violate your rights" or to "inflict injuries."

During a traffic stop, a police officer can order you to exit your vehicle for many possible legitimate reasons, including as...
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1 Answer | Asked in Civil Litigation, Consumer Law, Elder Law and Libel & Slander for Texas on
Q: How do I find lawyers to sue local MLS and big RE agency, who demand fee from me to disparage my premier property?

Recent national class-action success against these providers is probative as admission but of no avail to my class or me individually, with unique and actual damages worth $350,000 plus treble that amount for DTPA violations.

John Michael Frick
John Michael Frick
answered on Apr 9, 2024

You should search in Justia for a lawyer in or near the county where your property is located with experience in real estate litigation and perhaps defamation cases depending upon what you mean by "disparaging" your property.

Unlike other types of cases--especially personal...
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1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: Does a handwritten will in TX allow assets to go to the spouse without being probated if that is what it stipulates?

The spouse is selling the house but title is saying that the deceased’s 2 adult children have to get half the proceeds from the sale since the will wasn’t probated unless they sign off not receive any of the proceeds. He had his body donated to science so the spouse said the probated will... View More

John Michael Frick
John Michael Frick
answered on Apr 9, 2024

Unless and until a Will is probated, it is not effective to transfer assets from a deceased person to his/her heirs. It doesn't matter if the Will is a handwritten (in legal terminology, that is called a "holographic" Will) or typewritten/word processed with all the formalities.... View More

2 Answers | Asked in Banking and Gov & Administrative Law on
Q: can one use an affidavit as proof of a car sale agreement to the bank for purposes of change of ownership

Basically I enter into a car sale agreement which stipulates that once I have completed the instalments and paid in full, will I be able to get a transfer of ownership with the bank only if I produce an affidavit stating that I paid for the car in instalment as such can I get ownership

John Michael Frick
John Michael Frick
answered on Apr 9, 2024

This may depend on the U. S. state or territory where you live. Typically, a bank is not directly involved with a change in ownership of a motor vehicle. Ordinarily, in most U.S. states and territories, there are government offices where the title to the vehicle is registered as proof of... View More

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2 Answers | Asked in Family Law and Probate for Texas on
Q: My late husband's daughter put marital status unknown in death certificate when she knew he was .what do I do

I have marriage license etc I talked to funeral director he was no help

John Michael Frick
John Michael Frick
answered on Apr 9, 2024

You can request that the medical examiner or doctor who completed the death certificate file an amended certificate of death. But why?

The death certificate does not "divorce" you. You were, in fact, still married at the time of your husband's death. What is stated on the...
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2 Answers | Asked in Civil Litigation for Virginia on
Q: Is it wise to have a pro bono attorney stand up to a Fortune 500 business?

Would it be best to hire an Attorney to fight a tort issue with a Fortune 500 Company?

John Michael Frick
John Michael Frick
answered on Apr 9, 2024

Attorney of all levels of skill and experience volunteer time to work at legal clinics and other agencies--both public and private--on a pro bono basis. If you meet the agency's criteria for indigency and are provided access to an attorney for pro bono legal representation, it's fairly... View More

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1 Answer | Asked in Real Estate Law for Texas on
Q: Can u get a deed in ur name if u have a bill of sail and the deed but the owner does before the title was transferred?
John Michael Frick
John Michael Frick
answered on Apr 8, 2024

At any time, you can get the Seller to provide to you a deed for real property you have purchased. Typically, a "bill of sale" is not prepared in connection with the sale of real property. The Seller signing the deed and delivering it to you transfers title, but recording the deed in... View More

2 Answers | Asked in Family Law for Texas on
Q: Am I required to provide my 18 year old son or his father the son’s medical records or a list of doctor(s) he visited?

My estranged 18-year-old son and his father are demanding my son’s previous medical records and a list of his doctors and medications he took when he was under the age of 18 and in my care. They are stating that I am legally required to provide this to them. Is this something that a court order... View More

John Michael Frick
John Michael Frick
answered on Apr 8, 2024

Most custody orders require a parent to provide to the other parent such records. If you do not have a custody order, there is no independent legal obligation on your part to gather together and provide such information. Your adult son has the right to obtain his own medical records from his own... View More

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1 Answer | Asked in Adoption, Education Law and Family Law for Texas on
Q: can’t my (adopted mom) aunt-hold my legal documents if i’m 18 and still in high school?

hello i am 18 and still in high school and was adopted by my aunt and uncle. i have recently moved out and she (my aunt) is refusing to give me my legal documents-such as my Social security card, birth certificate, and mail-also can she throw away my mail?. is this in anyways legal? and if she... View More

John Michael Frick
John Michael Frick
answered on Apr 8, 2024

While it is probably wrong for your aunt to withhold important documents like your social security card and birth certificate from you, I doubt law enforcement will deign to get involved. Simply request duplicates from the appropriate government office.

A person cannot lawfully divert mail...
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2 Answers | Asked in Criminal Law for Texas on
Q: Can a judge deny certified mail properly addressed to them in Texas
John Michael Frick
John Michael Frick
answered on Apr 8, 2024

There is no legal requirement that anyone "accept" certified mail.

Some judges will not accept any mail personally addressed to them at their court address--especially anything from a lawyer or pro se litigant--to avoid the appearance of any ex parte communications....
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1 Answer | Asked in Real Estate Law for Texas on
Q: Is it possible to cancel a real estate listing contract with an agent after we decide to not sell home that's an estate?

I am selling a home that is part of my late father's estate. We entered into a listing contract with an agent, however, a short time later one of the siblings decided to keep the home as his portion of the estate. Is it possible to cancel that contract without owing the agent a full comission?

John Michael Frick
John Michael Frick
answered on Apr 5, 2024

It depends on the language of your contract. Presumably, since the home is part of your late father's estate, you have been appointed as the personal representative of the estate and entered into the listing agreement in that capacity. If so, depending on the language of the listing... View More

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