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Questions Answered by Robert W. Leonard Jr.

1 Answer | Asked in Estate Planning and Probate for Texas on

Q: I'm the executor on my dad's will. When he passes, will his female "roommate" have any rights? She's not in the will.

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 bedroom.... Read more »

Robert W. Leonard Jr. 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...
Read more »

1 Answer | Asked in Real Estate Law and Estate Planning for Texas on

Q: Hi I live in Texas and My grandmother left her house to my brother and myself but he hasn’t paid for any bills or

The property taxes is there anyway to take him of the will so I can sell the house

Robert W. Leonard Jr. 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.

1 Answer | Asked in Estate Planning and Probate for Texas on

Q: My husband passed away in August 2017. I have been asked to file an Affidavit of Heirship form. Should I do this?

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... Read more »

Robert W. Leonard Jr. 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,... Read more »

1 Answer | Asked in Family Law and Estate Planning for Texas on

Q: What happens to my children if both parents pass and the will-appointed guardian is in prison?

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?

Robert W. Leonard Jr. 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... Read more »

1 Answer | Asked in Estate Planning and Probate for Texas on

Q: What are the guidelines for probating a will in Houston, Harris County, Texas?

Reverse mortgage on house and 2 vehicles.

Robert W. Leonard Jr. answered on Jan 5, 2018

Contact a local probate attorney who can review the facts and recommend the best way to probate the estate.

1 Answer | Asked in Divorce for Texas on

Q: In tarrant county (texas) can I file a muniment of title, per langauge in my final divorce decree, myself?

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.

Robert W. Leonard Jr. answered on Jan 5, 2018

You need to enforce the decree. A Muniment of Title is a method of probating a Will.

1 Answer | Asked in Divorce for Texas on

Q: Am I entitled to 1/2 of his 401K or what he stated was in the account in November 2017. To be paid to me by Dec.15, 2017

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 to... Read more »

Robert W. Leonard Jr. 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.

1 Answer | Asked in Divorce for Texas on

Q: divorce decree

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... Read more »

Robert W. Leonard Jr. 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.

1 Answer | Asked in Divorce for Texas on

Q: We have a homestead exemption in tx. We divorced, I was awarded the home, do i need to reapply or just keep as is.

She applied when she was 65, do i need to or is the homestead in force till I sell or move

Robert W. Leonard Jr. answered on Jan 5, 2018

You should reapply using your information,

1 Answer | Asked in Child Custody and Family Law for Texas on

Q: Unmarried with 23 month old, haven’t gone to court for child support, single Mother. Do I have to share him for holiday?

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 police... Read more »

Robert W. Leonard Jr. 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... Read more »

1 Answer | Asked in Child Custody and Family Law for Texas on

Q: if I have joint custody of my kids and my ex is in jail can I go get them from their grandmother?

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... Read more »

Robert W. Leonard Jr. 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...
Read more »

1 Answer | Asked in Adoption and Child Custody for Texas on

Q: How do I get custody if birth mom won't sign over anymore?

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 always... Read more »

Robert W. Leonard Jr. 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.

1 Answer | Asked in Estate Planning, Tax Law, Family Law and Child Custody for Texas on

Q: Does my boyfriend have to give his baby mother my address which he doesn’t want to do because she likes to cause drama

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

Robert W. Leonard Jr. 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... Read more »

1 Answer | Asked in Family Law and Child Support for Texas on

Q: The Decree specifies, my ex-wife is supposed to provide med. insurance for our kids. Now she cant afford it. Options?

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 support... Read more »

Robert W. Leonard Jr. 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... Read more »

1 Answer | Asked in Divorce and Family Law for Texas on

Q: Can a judge force an unemployed wife from the home during temporary orders (no kids)

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 even... Read more »

Robert W. Leonard Jr. 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.

1 Answer | Asked in Family Law for Texas on

Q: Is it okay to move back home with a shared parenting agreement?

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?

Robert W. Leonard Jr. 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.... Read more »

1 Answer | Asked in Family Law and Child Custody for Texas on

Q: If my son refuses to go to his father's house for visitation, what are the ramifications, if any?

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 old... Read more »

Robert W. Leonard Jr. 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 can... Read more »

1 Answer | Asked in Child Custody and Child Support for Texas on

Q: If I have 50-50 custody of my daughter but her dad has not seen her for6 mon can I file for full custody

Robert W. Leonard Jr. 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.

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on

Q: I WANT FULL CUSTODY OF MY 5 YEAR OLD DAUGHTER.

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 drugs,... Read more »

Robert W. Leonard Jr. 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.

1 Answer | Asked in Child Custody for Texas on

Q: My son hasn't been to his mother in 4 months. She don't have time. Now she demands he go. Does he have to go

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.

Robert W. Leonard Jr. 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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