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Questions Answered by Robert W. Leonard Jr.
1 Answer | Asked in Family Law for Texas on
Q: Can I spank my child after judge ruled no corporal punishment because the father left marks on him

He is my wife's ex

Robert W. Leonard Jr.
Robert W. Leonard Jr.
answered on Mar 30, 2017

If you and your wife are under a court order against corporal punishment, you will be in violation of the order by spanking. Even if the order does not specifically apply to you, it would be unwise if there is already court involvement.

1 Answer | Asked in Probate for Texas on
Q: Do I have a legal right to question and see what a person with a Power of Attorney has done.

My sister had complete control of my Mother's money for 5 years before my Mother's death. During this time she has refused to provide any information to my sister and me. She is now the executor of Mother's estate and has given me very little information for her estate. My... View More

Robert W. Leonard Jr.
Robert W. Leonard Jr.
answered on Mar 30, 2017

You are really talking about two separate issues here. First, as Power of Attorney appointed by your Mother, your sister had the authority to act on your Mother's behalf. She would not typically be required to provide information. If your Mother's will has been probated, the second... View More

2 Answers | Asked in Probate for Texas on
Q: My mother passed away in October 2016. I have an old will of hers that states that I would receive anything left from...

... her estate. She had nothing, so I didn't give it much thought. Today though, I received a note from Social Security stating that they have a small amount of money for a beneficiary... me. They want to send the funds to a legal representative of my mother's estate, which there... View More

Robert W. Leonard Jr.
Robert W. Leonard Jr.
answered on Mar 30, 2017

Contact a local probate attorney who can review the information you received and advise you as to your options. If you did not probate her will, you do not have any of the documents you listed. If you are a named beneficiary on an account, then that should pass outside the estate, but if they are... View More

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2 Answers | Asked in Contracts, Probate and Real Estate Law for Texas on
Q: I am purchasing a home in Texas that has been probated. During the title search, several distant relatives were discover

They have all signed affadavits giving up any claim to property. Now title company says they all have to sign the final contract. Is this necessary since they all signed the affidavits? This is really dragging out, close to a year now.

Robert W. Leonard Jr.
Robert W. Leonard Jr.
answered on Mar 29, 2017

The short answer is that the title company may have policies in place to protect the title to your property and if they have a policy, you are not likely to close without following the title company policy.

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1 Answer | Asked in Child Custody for Texas on
Q: Custody or guardianship?

my daughter will be out of state for less than a year and wants her brother to take care of her daughter.

Robert W. Leonard Jr.
Robert W. Leonard Jr.
answered on Mar 29, 2017

Your daughter should speak to a local family law attorney who can explain her options and prepare the necessary documents. Depending on the circumstances, she may have to obtain the father's permission as well.

1 Answer | Asked in Adoption, Child Custody and Family Law for Texas on
Q: I have a friend who is pregnant with twins and wants to give them to me the day they are born. how do I make it legal?
Robert W. Leonard Jr.
Robert W. Leonard Jr.
answered on Mar 23, 2017

Contact a local family law attorney right away. The attorney will be able to discuss your options and begin preparations for the adoption process. The mother cannot sign anything until after the babies are born, but you can begin working with your attorney to get things ready ahead of time. The... View More

1 Answer | Asked in Family Law for Texas on
Q: Can my mom consent to my marriage without my stepdad

My stepdad does not want anything to do with me marrying, I am 17. My mom consents fully. Can I marry my 18 year old boyfriend with only my mom consenting

Robert W. Leonard Jr.
Robert W. Leonard Jr.
answered on Mar 23, 2017

It depends on whether your stepfather has parental rights and duties in an order from the court. If your mother has the sole right to consent, it will say so in her divorce papers, or, if she was not married to your biological father, in the papers from the court custody proceeding. It may be... View More

1 Answer | Asked in Family Law for Texas on
Q: If my ex had our kids for Spring holiday, do I automatically get the following weekend visit?

I have an expanded visitation order in Texas. Every other weekend visitation, every Thursday night during the school year.

I had my kids the first weekend of March, 3rd-5th. Lost my next visit, 17th-19th, to spring holiday. As per the standard visitation order this would mean that the... View More

Robert W. Leonard Jr.
Robert W. Leonard Jr.
answered on Mar 23, 2017

It depends on what your order specifically says regarding this holiday. You can pull out your order and review it; it should have specific language for this situation. It may also order that the visitation resumes on regularly scheduled times and make no additional provisions for the holiday... View More

1 Answer | Asked in Family Law and Adoption for Texas on
Q: why do I need to see a judge to change my daughters name if iv had her for 15 years, its 1 letter that were changing

my daughter is adopted

Robert W. Leonard Jr.
Robert W. Leonard Jr.
answered on Mar 23, 2017

If you want to legally change your daughter's name, you will have to go through the name change procedure with the courts. If there is another parent, the other parent will have to be notified and agree with the change. It is a pretty simple process. Contact a local family law attorney who... View More

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