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I know she will refuse to leave my dad's home/property. She will probably change the locks and call the police if my sister and I show up. They are not legally married and neither represent themselves as such, although I'm sure there is a physical relationship. She does have a separate... View More
answered on Jan 5, 2018
First: Common Law marriage exists in Texas. There are specific ways to prove it. However, even if they were legally married, common law or normal marriage, all of the assets and property are distributed according to the valid Will.
Second: If there is a vailid Will, the Executor manages... View More
The property taxes is there anyway to take him of the will so I can sell the house
answered on Jan 5, 2018
If the property was left to you both, then you both have to agree to sell the property. Contact a local probate attorney who can review the will and advise you. If you are the named executor, then your options are different than they would be if you are a beneficiary.
We were married for 35 years. This is for a bank account that was in his name only. We have four adult children together and no children with anyone else. I was also told I need one to switch the title of our car which is in both of our names. I do have a will which states everything is to go... View More
answered on Jan 5, 2018
Contact a local probate attorney who can help you decide what to do. Take the Will with you when you meet with the attorney. Also take a list of all of the assets in the estate. This will be a list of everything the deceased owned at the moment of death. This includes the community property,... View More
Will the guardians spouse (the grandmother of the children) be able to care for them. Or do I need to redo my will and name her instead?
answered on Jan 5, 2018
You should re-do your Will if you wish to leave your property differently than your current Will provides. Since children are not property, they cannot be passed to someone through a Will. You may be thinking of a Designation of Guardian for Children, which states who you want to be your... View More
Reverse mortgage on house and 2 vehicles.
answered on Jan 5, 2018
Contact a local probate attorney who can review the facts and recommend the best way to probate the estate.
My divorce was finalized, awarding a property to me, and my exspouse is not signing the paperwork. I am trying to avoid taking them back to court and just have a title company use the filing.
answered on Jan 5, 2018
You need to enforce the decree. A Muniment of Title is a method of probating a Will.
I was pro se in the divorce and my husband had an attorney. He stated that there was $7000 In his 401K. In the final decree is attorney put that I was to get $3500 which is 1/2 of the 401K. I had spouse call to see the balance of account and it was $13,800 around Dec. 10,2017. He doesn't want... View More
answered on Jan 5, 2018
If your order states $3500, that is the amount he is required to give you. If your order states that he is to provide 1/2 of the 401(k) as of a certain date, then that is the amount he is required to give you.
My sister-in-law has a ring in her her safe deposit box and it is to go to her daughter 19 yrs. old. Her daughter wants her to send the ring certified mail. It is valued at 3500.00. Due to the value of the ring her mom wants her to come to the bank and get it and sign for it with witnesses. Is... View More
answered on Jan 5, 2018
I recommend that the daughter pick up the ring herself. In our office, we have had the experience where an opposing attorney mailed a valuable item and it was not received. He was able to trace it but not actually get the item back.
She applied when she was 65, do i need to or is the homestead in force till I sell or move
We attempted to take our son for Santa pics at Memorial City Mall. He got mad, took my phone threw it in the trash tried to run off with our son, I ran after him. I have a video of him cussing at me & angrily taking my phone. He returned my son, people watched the whole thing. I’ve filed a... View More
answered on Dec 21, 2017
When there is no order in place, each parent has the right to the child. Your first step is to hire a local attorney so that you can get a good, enforceable order in place. The courts typically want the child to be able to see both parents, but if the child is in danger, the courts can order... View More
We have joint custody in our divorce decree. It’s uncertain how long he will be gone but the grandmother won’t answer my calls and my text. She’s not allowing me to keep my original agreement that I had with my ex husband concerning getting them for the holidays. Is there a way I can take my... View More
answered on Dec 21, 2017
You should contact your attorney to make sure that whatever you do is in compliance with your order. If she is not allowing you to see the child in violation of the order, you can file an enforcement. Our courts take violation of their orders seriously.
Typically the police do not get... View More
I have had my son since birth the birth mom(my God-sister) and I had an agreement she would sign him over. Now she won't sign the paperwork so she can continue to get benefits she has 3 other children and one on the way all. Y different fathers she doesn't want him and when he visits she... View More
answered on Dec 21, 2017
Contact a local family law attorney who will review all of the facts and explain your options. If the attorney determines that you have standing, you will be able to proceed in court. I wish you the best.
She has is mailing address but she claims she wants to know where he is with the baby but it’s a lot of drama with her
answered on Dec 21, 2017
If there is an order in place, it probably says that she is allowed to know where he has the baby when he has possession of the baby. If there is no order in place, he should contact a local family law attorney and get the process started. If she likes drama, a well-written order will help him... View More
During our child support modification court appearance, my ex-wife pushed for control of the insurance with me paying her half of the premium. Now she says she can't afford it. We have two children-One (15 yrs old) live with me and the other (10 yrs old) with her, therefore there is no... View More
answered on Dec 20, 2017
You can enforce the order. If it says she is to provide insurance, she has to do so. Sometimes it will say if she does not provide the insurance, you provide it and she has to pay for it. Contact your attorney to see exactly what your order says and what your options are. You do want to make... View More
My attorney was not prepare for court as I hired him last minute. We only had two days before the hearing for temporary orders. My husband lied about everything in court on the stand for over 40 minutes. I only got to speak about 5 minutes and didn't get a chance to dispute his lies. I... View More
answered on May 22, 2017
Your attorney is the best person to ask, since the attorney was in court and has access to your current temporary orders. You will have to have the necessary evidence and facts to support your motion to modify. Without reviewing the case, it would be hard for me to give you a good answer.
I have a shared parenting agreement with my daughter father we moved out of state together and we have split up. I have no family or friends to go to here and was wanting to know if it is okay to move back home with my daughter?
answered on May 22, 2017
It depends on what your agreement says. Does it have a geographic restriction? In Texas, judges do not like to see a parent moving a child far away from the other parent. Your best option is to contact a local family law attorney who can review the agreement and advise you as to your options.... View More
My exhusband and I have 3 children and have been divorced 9 years. Recently, my ex got remarried and moved back to our town and is taking more of his visitation time that he's allocated in our extended standard decree. Over the past couple of years, the relationship between him and my 13 year... View More
answered on May 15, 2017
You are obligated to honor the court order to deliver your child to the other parent in accordance with the possession schedule. If you are concerned about your child's immediate safety, then call 911 right away. If your child is not in danger, then contact a local family law attorney who... View More
answered on May 15, 2017
Contact a local family law attorney who can review your situation and all of the facts and advise you as to whether you can file a modification of your current order. The attorney will be able to explain all of your options and help you decide what to do next.
I am trying to get full custody of my daughter. I am a single mother, I have been taking care of my 5 year old daughter since she was born. Her father and I went to a mediation and got paperwork made, years later he wants to be involved in her life. I don't trust him because he used to be on... View More
answered on May 15, 2017
If you have a custody case in court, you need to hire an experienced family law attorney. The attorney can review the mediated settlement agreement and look at the current situation and advise you as to how to proceed.
He would call me several times when he was there and tell him he wouldn't stay there another minute. He cried not to go back.
answered on May 15, 2017
It depends on what the possession order says. If there is an order for her to have him and she chooses to exercise her possession, then she can do so. Unfortunately, you cannot force a parent to see their children and sometimes parents do not exercise all of their possible possession time.
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