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1 Answer | Asked in Arbitration / Mediation Law, Business Formation, Business Law and Contracts for Texas on
Q: Hello, Is my sister entitled to all money from a failed joint business venture?

My sister started a business w/her sister but couple months later got upset because it became overwhelming for her, requested to be released from the business, &wants all her money bk.

Tim Akpinar
Tim Akpinar
answered on Mar 19, 2024

A Texas attorney could advise best, but your question remains open for three weeks. It could depend on the terms of the business venture (agreements between the parties) and their conduct. This is a fact-intensive matter. There is no universal cookie-cutter answer. An attorney would need to see how... View More

1 Answer | Asked in Real Estate Law for Texas on
Q: how can I transfer property (house and lot) title to my name? My husband died and left no will, we lived together here

My husband and I were married and have been living here for 10 yrs. We bought this house together but I found out that my name is not in the title when he died. We were living in this house when he died at the hospital and he left no will.

John Cucci Jr.
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answered on Mar 19, 2024

The good news is that the property is yours until your death, automatically.

There can be a snag, if you had any children during the marriage. But, if you bought the property during the marriage, while you both lived in TX, and have no kids from the marriage, the property is yours alone....
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2 Answers | Asked in Bankruptcy and Foreclosure for Texas on
Q: I need to know how to stop a writ of possession that hasn't been served
John Michael Frick
John Michael Frick
answered on Mar 19, 2024

A writ of possession may be stayed by timely appealing the case to the county court or by filing a supersedeas bond within ten days from the date of judgment in the county court.

Once a judgment for eviction has been granted, even filing bankruptcy will not stop a writ of possession from...
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2 Answers | Asked in Bankruptcy and Foreclosure for Texas on
Q: I need to know how to stop a writ of possession that hasn't been served
James L. Arrasmith
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answered on Mar 19, 2024

If you're facing a writ of possession that hasn't yet been served, it's crucial to act quickly. First, you should review the details of the eviction notice or court decision leading to the writ. Understanding the basis of the action can help you identify any possible errors or... View More

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2 Answers | Asked in Contracts, Business Law, Civil Litigation and Collections for Texas on
Q: I just got served in a civil action lawsuit against a company I'm an independent contractor for, and have no ownership

The Civil Action Lawsuite is against Fresh Central Trading LLC., it names its President and Owner A.G., and also then names me. When I read the documents it states that I'm an owner and officer of the company and I'm just an independent contractor from Canada who is here on a TN Visa... View More

John Michael Frick
John Michael Frick
answered on Mar 19, 2024

If you are named as a party in the lawsuit, you have less than three weeks from when you were served to hire an attorney to file an answer on your behalf to the lawsuit. (In Texas state court, your answer must be filed no later than the first Monday following the expiration of twenty days from the... View More

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1 Answer | Asked in Consumer Law and Contracts for Texas on
Q: We are sued in MO I need a general denial form and form to change jurisdiction to Texas our company is in TX,

the contract with client states that she can only bring suit in Teas but we need to answer this law suit before we get a judgment I do not where I can find these forms

John Michael Frick
John Michael Frick
answered on Mar 19, 2024

A company can only appear in legal proceedings through a licensed attorney. You don't need a form; your company needs a Missouri attorney to represent it in the lawsuit filed against it in Missouri. Even if you were to present a form, unless you are a licensed Missouri attorney, it likely... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: I just got a apartment and have only been here for 7 days and already been served a non rent breach of lease notice to v

I just moved into an apartment and have only been here for 7 days. My neighbor next door has apparently been here for 9 years or so. Mind you, i work from 7pm to 3am so i come home at night. I gave already received 3 violations for noise complaints wich i haven't been loud at all and now i... View More

John Michael Frick
John Michael Frick
answered on Mar 18, 2024

It depends upon the terms of your lease. I imagine it must be really annoying having a Ring doorbell going off at 3 AM every night. It is going to be your word against your neighbor's as to how noisy you are. My guess is if your neighbors have a 9-year history of making petty noise... View More

1 Answer | Asked in Family Law for Texas on
Q: Texas mom, 24, Looking to find out if I need to find a lawyer to represent me in court OR if I can get a court appointed

I have plenty of evidence of my own to support my own case I believe. So far I have a photo album with almost 50 different pieces of photo and video evidence. I walked away from my son and his father at the beginning of 2023 due to uncivil or even hostile home environment for what seemed to be... View More

John Michael Frick
John Michael Frick
answered on Mar 18, 2024

It is unclear if your matter concerns a CPS case that has been filed against you, a divorce proceeding, or a suit affecting the parent-child relationship (SAPCR).

Court-appointed lawyers are available in criminal cases and in cases in which Child Protective Services is seeking to remove...
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3 Answers | Asked in Employment Law for Texas on
Q: I am confused about the new DOL law about 1099s.

If I have a therapy practice, and have provisionally licensed folks providing 4 hours of service per week, previously they'd be 1099'd. With this new law, do they *have* to be W-2'd? It seems silly to W-2 someone that is only providing 4 hours of service per week. Any clarification... View More

John Michael Frick
John Michael Frick
answered on Mar 18, 2024

You mention a therapy practice and provisionally licensed folks. As I understand the laws pertaining to licensed therapists in Texas, a provisionally licensed therapist is required to be supervised by a licensed therapist. A worker who receives a Form 1099 is supposed to be an independent... View More

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1 Answer | Asked in Estate Planning for Texas on
Q: Tx can I be executor of an estate & beneficiary? Can I purchase the home if it still has a mortgage as exec of the estat

My parent passed recently and I am the only child (no step or half siblings) & per the Will I am to inherit the house (which still holds a mortgage in parent name alone) & the parent was not married. Can I be executor of the Will & beneficiary? Can I purchase the home from myself? How... View More

John Michael Frick
John Michael Frick
answered on Mar 18, 2024

Yes, you can be both the beneficiary and executor under a Will.

There is no reason for you to purchase the home from yourself. Probating the Will vests title in you as the sole beneficiary of your parent's Will. Of course, if you don't pay the mortgage, the lender has a deed of...
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1 Answer | Asked in Criminal Law, Family Law and Landlord - Tenant for Texas on
Q: Is this considered assault?

I was renting space on my future mother-in-laws property. Yesterday she was screaming at my fiancé and I went to see what was going on and got dragged into the argument. The mother said I was not a man because I was standing behind my fiance trying to deescalate things and told me to stop being a... View More

John Michael Frick
John Michael Frick
answered on Mar 18, 2024

This could be considered a Class C misdemeanor assault under Section 22.01(3) of the Texas Penal Code: "A person commits an offense if the person intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the... View More

1 Answer | Asked in Civil Rights and Employment Law for Texas on
Q: I have multiple questions regarding a matter that was brought to a detective and no legal action was made

I have a previous employer that is trying to wrongly accuse me of a felony type action. This matter has been brought to the local police department, and detective two years ago. When previous employer walked into my current employer tried to tell management that I had a previous felony and... View More

James L. Arrasmith
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answered on Mar 18, 2024

In situations where a previous employer is making unfounded accusations against you, particularly of a serious nature like felony actions, and is attempting to influence your current employment based on these allegations, it's important to understand your rights and the steps you can take to... View More

1 Answer | Asked in Products Liability, Personal Injury and Wrongful Death for Texas on
Q: I received settlement from Bayer/Monsanto for my husband's non Hodgkin'lymphoma. After they offered me the initial sett

Settlement they then asked me if I could hold out for a larger settlement as my husband passed away from his Roundup exposure. It is now been 2 years and still no settlement they say keep holding out if possible is this normal?

Tim Akpinar
Tim Akpinar
answered on Mar 17, 2024

A Texas attorney could advise best, but your question remains open for a week. I'm very sorry for the loss of your husband. Your attorney would be in the best position to answer this, but based on the timeline you describe, one possibility is that your law firm added the wrongful death element... View More

1 Answer | Asked in Immigration Law for Texas on
Q: I'm applying for the k-1 and my fiance has a child who is under the age of 18. When should I apply for them to travel

I'm applying for the k-1 and my fiance has a child who is under the age of 18. When should I apply for them to travel here, do I need to apply for them or are they included since the child is under 18

James L. Arrasmith
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answered on Mar 16, 2024

When you apply for a K-1 visa for your fiancé(e), it's important to consider their child in the process. The child of your fiancé(e) may be eligible to travel to the United States with them under a K-2 visa. This visa is specifically designed for the unmarried children, under the age of 21,... View More

1 Answer | Asked in Tax Law and Estate Planning for Texas on
Q: Can an heir who inherits everything share inheritance with siblings without having full tax liability?

Can child who inherits all be named Trustor of a Trust (with their sibling(s) as Trustees), with ability to decide amounts to share with sibling(s) whereby each has tax responsibility for amount received?

For instance, if proceeds from sale of inherited property are put in Trust and... View More

James L. Arrasmith
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answered on Mar 16, 2024

Yes, an heir who inherits everything can indeed share the inheritance with siblings while managing tax liabilities effectively. When the sole inheritor is named as the Trustor of a Trust, with siblings acting as Trustees or beneficiaries, this setup allows for a structured distribution of assets or... View More

2 Answers | Asked in Bankruptcy for Texas on
Q: I have a judgement of over $46,000 The debtor has an exempt real estate asset yet filed chapter 13

He is not passed due on other creditors , he simply doesn't want to sale this asset worth 175 K + and filed chapter 13 it is not his homestead it is an inherited house and 1.28 acres. When the court ordered the judgment he transferred the deed to his wife when he learned that is illegal he... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 15, 2024

You seem to describe an argument simply between two persons, a debtor and a creditor.

There are ample cases on the books that say that such a case serves no bankruptcy purposes and should be dismissed. The US Trustee likewise appears to dislike such cases, and often files a Motion to...
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2 Answers | Asked in Bankruptcy for Texas on
Q: I have a judgement of over $46,000 The debtor has an exempt real estate asset yet filed chapter 13

He is not passed due on other creditors , he simply doesn't want to sale this asset worth 175 K + and filed chapter 13 it is not his homestead it is an inherited house and 1.28 acres. When the court ordered the judgment he transferred the deed to his wife when he learned that is illegal he... View More

James L. Arrasmith
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answered on Mar 16, 2024

Given the complexity of your situation, it's crucial to consult with an attorney experienced in bankruptcy and debt collection laws. They can guide you through the specific challenges of dealing with debtors who declare Chapter 13 bankruptcy, especially when there are actions that might be... View More

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1 Answer | Asked in Real Estate Law, Civil Litigation and Landlord - Tenant for Texas on
Q: What is the utma law when it comes to a death by deed and how does it apply

Because when I did the death by deed for my father for my son to get it the property we were both under the impression he would not get it till he's 21 because of the utma law but I'm told recently that does not apply.

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

If by "utma" you mean the Uniform Transfer to Minors Act, it doesn't apply if the transfer is made directly to the minor and not to a custodian. I assume when you say "death by deed" that you're talking about a transfer on death deed. With those assumptions, and the... View More

1 Answer | Asked in Immigration Law for Texas on
Q: Dear experts, My EB2 PERM was submitted in November, 2023 and I'm on H1B, 2nd year.

Given the huge backlog on PERM and as my employer does not do premium processing for I140, I've started to explore my chances for NIW and I may have a good chance based on my profile. My NIW, ROW priority date would be April, 2024 earliest whereas my EB2 PERM, ROW priority date would be... View More

James L. Arrasmith
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answered on Mar 15, 2024

1. A potential denial of your National Interest Waiver (NIW) should not affect your Employment-Based Second Preference (EB2) application, as they are considered separate processes under U.S. immigration law. However, ensure that any information provided in the NIW application is consistent with... View More

1 Answer | Asked in Civil Rights and Gov & Administrative Law for Texas on
Q: Why can I not get a copy of Form 505-4885 case closed 11/1/23. I have POA for my son. He requested I get a copy

They also told him 11/1/23 that he could request within 45 days. I received a email stating they would not have a copy for at least 6 to 9 months

James L. Arrasmith
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answered on Mar 14, 2024

It sounds like you're encountering a frustrating delay in obtaining a copy of Form 505-4885, despite having Power of Attorney (POA) for your son and following the instructions provided to you. This delay could be due to a variety of administrative reasons. For instance, the process of closing... View More

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