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Questions Answered by Jaime Victor Papa
2 Answers | Asked in Consumer Law, Construction Law and Contracts for Texas on
Q: Can a contractor alter the terms of a contract for a septic system because the equipment he has won't work?

The contractor already accepted the money from the manufactured home company where we got the loan through to do the work on the septic system. Now he says because his mini excavator cannot penetrate The Rock underneath the dirt that we're going to have to spend an extra $2000 to put in an... View More

Jaime Victor Papa
Jaime Victor Papa
answered on Sep 19, 2022

I would have to review your contract.

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2 Answers | Asked in Estate Planning and Family Law for Texas on
Q: Do both settlors of a joint revocable trust have to sign any amendments made. Or can 1 settlor sign who is also trustee.
Jaime Victor Papa
Jaime Victor Papa
answered on Sep 19, 2022

It will depend on the language of the trust. I review trusts and create them often for clients with language specifying both scenarios.

Once the amendment is made, you need to ensure you take appropriate steps to ensure the trust remains enforceable.

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1 Answer | Asked in Business Law for Texas on
Q: My business was subcontracted to create a survey. Can the subcontractor remove my company name from the survey?

The survey is a questionnaire to be administered as part of a education grant.

Jaime Victor Papa
Jaime Victor Papa
answered on Mar 28, 2022

I see that you are located in Albuquerque, NM but are asking a business law question for Texas. If this is a Texas legal matter, my thoughts are as follows:

I recommend that you have an attorney review your original contract and all recorded conversations with the contractor. After an...
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3 Answers | Asked in Estate Planning and Family Law for Texas on
Q: Paypal and others asking for legal documentation or a copy of the will that identifies the executor of the estate

My husband died Nov 2020 and I have paypal and other paid subscriptions asking for legal documentation or a copy of the will that identifies the executor of the estate, what do I need to do to get that. My husband did not have any life insurance or major assets other than our home. So there is not... View More

Jaime Victor Papa
Jaime Victor Papa
answered on Mar 28, 2022

Good afternoon, you will very likely need to go to probate court. I recommend that you hire an attorney to help you with the probate process.

In Texas when one one spouse dies with or without a Will, generally the other spouse will have to go to probate court. If you do not go to probate...
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1 Answer | Asked in Business Law and Gaming for Texas on
Q: Website closed my account and owed me over 60k is there anything I can do

So the website is pulsz.come and I had won bit on there site was around 200k at 1 point and when it came to paying out they took over a month and said they were going to and then closed my account and said I had two accounts which I did no and explained to them multiple times and then told them my... View More

Jaime Victor Papa
Jaime Victor Papa
answered on Feb 9, 2022

Yes, you can hire a business attorney/litigator to work on this issue for you to help you recover the funds.

1 Answer | Asked in Business Law for Texas on
Q: partner dies, what is needed on paper work so that the children don't keep getting any portion of the business.

When does his partnership end?

Jaime Victor Papa
Jaime Victor Papa
answered on Feb 9, 2022

If your partner has passed away, I am sorry to the hear that. I am not able to tell by your question, therefore I will provide you with two answers.

1. If your partner has died, and you have not met with an attorney or made an legally enforceable plan prior to his death for such an event,...
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1 Answer | Asked in Business Formation and Business Law for Texas on
Q: Do I need to get a foreign LLC in order to operate in Texas? Or can I just use the Anonymous LLC in New Mexico?

Question about Anonymous LLC from New Mexico.

If operating in Texas for an at home operated online business, but no items will actually be made in the home. It's a publishing company to have books made by Amazon or print on demand company's.

Jaime Victor Papa
Jaime Victor Papa
answered on Jan 24, 2022

I recommend that you hire a business attorney, so that you are equipped to make the best decision for your business and are protected from liability.

2 Answers | Asked in Banking, Business Formation, Estate Planning and Real Estate Law for Texas on
Q: Can I get a loan for my current house, place it in LLC, rent it out, and use the money from the loan to buy a new house?

I am trying to find the best financial solution to invest in real estate. I have paid off my house and would like to move in 18 months. I like this house and would like to hold on to it as a rental property. I will need the proceeds, either through the sale of the house, or from obtaining a... View More

Jaime Victor Papa
Jaime Victor Papa
answered on Jan 24, 2022

Yes, you can place your home into an LLC. I recommend that you meet with a business lawyer to assist you with this process. I also believe you should consider a revocable living trust, because you have homes in separate states. A revocable living trust will allow you to avoid probate court. With... View More

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1 Answer | Asked in Banking, Business Formation and Business Law for Texas on
Q: I want to file my DBA, can I shorten my DBA name or do I have include the entire name?

ie. The Bakery Shop vs The Bakery Shoppe Cupcakes & Treats

Jaime Victor Papa
Jaime Victor Papa
answered on Jan 12, 2022

Yes, you can shorten your DBA name or use an entirely different name. I often work with clients to help them with this process.

2 Answers | Asked in Estate Planning for Texas on
Q: : Me and my boyfriend of 12 years bought property together and built a home for retirement.

He wants to put in a trust for kids. If something happens to either one of us can the other change trust or sell property?

Jaime Victor Papa
Jaime Victor Papa
answered on Jan 24, 2022

I recommend that you hire an estate planning attorney. There are a number of legal pitfalls you may encounter without guidance.

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1 Answer | Asked in Business Law for Texas on
Q: I started a business with another individual, he recently left the business. 3 days later he withdrew $1,875.00 from the

Business PayPal account and will not return the business equipment. What can I do?

Jaime Victor Papa
Jaime Victor Papa
answered on Nov 12, 2021

I recommend that you meet with a business attorney. Be prepared to provided your business attorney with the terms of your operating agreement and any additional agreements between you.

2 Answers | Asked in Business Law, Civil Litigation and Contracts for Missouri on
Q: My rent to own agreement may not abide to the MO. Laws and Statues required for the type of agreement that it is.

The written agreement was supposed to be revised by an legal representative after my tenant and I agreed to all the terms that we wrote. Neither parties had any exsperienceing in writing a legalized lease and we both agreed that our agreement was going to be given to an licensed agent to be... View More

Jaime Victor Papa
Jaime Victor Papa
answered on Oct 30, 2021

I recommend that you have an attorney review the agreement to determine if it is enforceable.

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2 Answers | Asked in Estate Planning for Texas on
Q: Hi my name is Michael my mother passed away in May 2020 and left her house to me and my 3 sisters ,what has to be done.

Can I give the share of my mother's house to my wife.

Jaime Victor Papa
Jaime Victor Papa
answered on Oct 27, 2021

You will need to go to probate court.

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1 Answer | Asked in Estate Planning for Texas on
Q: My mother passed and has credit card debt in her name only. Does my father need to pay that debt?

They are Texas residents.

Jaime Victor Papa
Jaime Victor Papa
answered on Oct 26, 2021

I recommend that you speak with a probate attorney regarding this matter. It is likely that the credit card debt will be considered community property unless your father can prove otherwise. Also, if your mother and father had a Will or no Will, your father will need to go to probate court.... View More

1 Answer | Asked in Business Formation and Business Law for Texas on
Q: I have a LLC transportation business but want another business under the 1st business with only a EIN. Steps to take-TX

How do I select the EIN for my second company - would it be new company name DBA as the 1st company name

Jaime Victor Papa
Jaime Victor Papa
answered on Oct 23, 2021

You can file an assumed name certificate to do business under the same entity as your transportation business with a different name. This will allow you to use the same EIN.

One issue with setting up your business in this manner is that if you are sued both your transpiration business and...
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