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1 Answer | Asked in Real Estate Law and Civil Litigation for Texas on
Q: Filing a partition suit in Burnet Texas? X husband and I own a house in Burnet County. X husband is getting all rent

He won’t pay me the 50 percent of property we bought ten years ago. Any suggestions? I was told to file a “partition suit “ my email: bstommel@icloud.com

John Cucci Jr.
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answered on May 21, 2024

Your question says nothing about whether or not, you are getting divorced.

If no, then you have a problem.

If yes, or you already are divorced, then you can sue for your 50%, and an accounting, for immediate relief, and ask for partition or sale of the property, and split the...
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1 Answer | Asked in Civil Litigation, Civil Rights and Probate for Texas on
Q: Writ of possession/probate

How does writ of possession pertain to probate no landlord tenant

John Cucci Jr.
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answered on May 15, 2024

A Writ of Possession is where the Court instructs the Sheriff to give possession of a property or apartment to someone, who has a newly granted legal right to possession of the property. Example, is when an heir (son of deceased), has received an Order or decision of a Probate Court, naming him as... View More

1 Answer | Asked in Real Estate Law for Texas on
Q: TCP 209.0057 what is a legit estimate of a POA of less than 2500 property owners to charge for a recount?

Our POA refused to produce the documents of TBC 22.158 prior to voting in the latest election on 5/11/2024. They also refuse to produce any documents even when properly requested through certified mail. Home owners are met with harassment and extra fees. A group of property owners want a recount of... View More

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answered on May 12, 2024

You are in a tough spot.

However, you have rights, by TX law, and by the by-laws and rules of the Association. Which can be attacked or dissolved, if you were to garner enough homeowner votes.

One way to gain some leverage is to sue the association for their actions that are not...
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1 Answer | Asked in Foreclosure and Landlord - Tenant for Texas on
Q: Landlord didn’t pay the mortgage and now we’re being evicted. I think she knew and still took my money. What do I do?

I have lease agreement everything. Can I press criminal charges

John Cucci Jr.
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answered on May 10, 2024

You can seek criminal charges against your landlord if you have solid proof. But it is always up to the police and the District Attorney, as to whether or not, the case will be prosecuted.

You can sue the landlord, and the foreclosing bank for possession. If your lease is for more than...
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1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: Who can legally carry a gun in texas?

My partner was denied to buy a gun in a federal background check for unknown reasons. He’s a permanent resident and not a felon and his background should be clean. He already owns a gun that was a gift from a friend. Is it legal for him to carry it?

John Cucci Jr.
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answered on May 10, 2024

There can be a lot of different reasons your partner was denied the gun purchase by the Federal background check. Those checks are done in an inconsistent basis and can be political in nature. He may have a name that is the same as a person who is a felon or has pending criminal charges. There can... View More

1 Answer | Asked in Criminal Law for Texas on
Q: I let my sister hold $10,000 of my cash in Texas. Her husband lent us his car and it was damaged can he take my money?

he took my money from my sister and refused to give it back because his car was damaged. Is that legal?

John Cucci Jr.
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answered on Apr 20, 2024

Not legal unless the deposit of the money was for the purpose of securing or insuring the car you borrowed. What he did is called conversion, and may be considered a felony theft. If he doesn't give the $ back, or try to make arrangements with you, then you should call the police to get your money.

1 Answer | Asked in Criminal Law and Sexual Harassment for Texas on
Q: What are the ethics rules when a patient sexually assaults their doctor and the doctor continues to treat the patient?

A doctor is sexually assaulted by their patient, does not report the situation to law enforcement, and continues to treat the patient for another two years until their death. Is the doctor violating any ethics rules? Does the doctor have an obligation to refer the patient to a new physician who... View More

John Cucci Jr.
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answered on Apr 15, 2024

That's a horrible story!

The patient should have gone to jail!

Each State has ethical rules with which every Doctor must comply as part of having a license to practice medicine.

However, none of the rules limit the rights of any doctor, who is a victim of a crime....
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2 Answers | Asked in DUI / DWI for Texas on
Q: What should I do if have a dui and GAP insurance won’t cover the difference
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answered on Apr 2, 2024

Sorry about your trouble.

unfortunately, most auto insurance policies have exclusions on coverage when damage or losses are the result of a DWI event. There is some hope. If you have not been found guilty or otherwise will fight the DWI charges, you can still make the claim. Whether or not...
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3 Answers | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for Texas on
Q: Intelligent fingerprint drug test is not FDA approved and is a research study used by tx probation to convict people

Taylor county probation used fingerprint drug screen that produces high false positive to convict innocent people in Texas . How do I get someone to bring this to light it is a home rule charter and corrupt as it gets

John Cucci Jr.
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answered on Apr 1, 2024

If the test you are referring to is being used to violate probationers, it can be called-out at a hearing to test the science and the reliability of the same. That would require the accused to file for a dismissal or "not true" before the hearing to revoke.

Unfortunately, to hire...
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1 Answer | Asked in Real Estate Law, Animal / Dog Law, Municipal Law and Small Claims for Texas on
Q: Neighbor's cat using our house as a litter box on various spots for past two month.

A neighbor's cat using our house as a litter box for the past two months. It took me about a month to find out the owner of the cat. I have spoken to them about this problem twice but they have not done anything to prevent their cat roaming freely. This has caused quite a nuisance in front of... View More

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answered on Mar 24, 2024

That is a problem. Call the Animal Control office one more time. Get the name of everyone you talk to there and take notes of the call. If you get no help, you can start a small claims case against the cat owner, Animal Control, AND the HOA. That will cost you about $60. But you will get... View More

2 Answers | Asked in Criminal Law for Texas on
Q: A detective has left me a voicemail twice now asking me to call him. Should I return his call or have an attorney do it?

I am on probation currently. I have not had any contact with law enforcement and have not committed any new offenses of which I am aware. So it perplexes me why a detective is calling me. I know not to talk to police under any circumstances other than to invoke my 5th Amendment rights. I cannot... View More

John Cucci Jr.
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answered on Mar 24, 2024

I would not have you call back until you see an attorney. In my office, we have the client come in for an appointment and call the Detective on the spot, to understand what the issue is or was. It saves you and the attorney time, energy, and protects you from an ambush by police. Usually, the DET... View More

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1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: My mom passed away. She had a house with a mortgage no will. Someone wants me to transfer title.

Asked for a general warranty deed so I can transfer title. I do not want the property since there is a mortgage. Any repercussions doing this?

John Cucci Jr.
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answered on Mar 23, 2024

Be careful!

I recommend getting a lawyer, or at least sitting with one to get all your options. You should find out how much is owed on the mortgage, and how much the house is worth.

I would like more info to give you solid advice. Do you have any siblings? Dead or alive? Do they...
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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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1 Answer | Asked in Criminal Law for Texas on
Q: What is the standard for dismissing a class C criminal case?

This relates to a class C misdemeanor case (disorderly conduct) in a municipal court in TX.

If after the discovery the State fails to produce any credible evidence that could or would result in a conviction beyond reasonable doubt in a jury trial, can that be used as basis for dismissal,... View More

John Cucci Jr.
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answered on Mar 5, 2024

Texas does not have any simple vehicle for a motion to dismiss a criminal case. Your best move is to file a Speedy Trial Motion. If the State has no evidence against you, they will not be able to put on their case at trial, and the case will be dismissed. There are some very specific issues that... View More

1 Answer | Asked in Criminal Law for Texas on
Q: Would my friend be at fault for hitting her ex-boyfriend on her grandparents property with a

He was told to leave numerous time and hade refused to do so I was then told by her he grabbed her by the neck and pushed it up as he was going to give her a kiss, and she refused to kiss from him, but he kept trying to force it on her so she told me that she grabbed a bat and hit him and she had... View More

John Cucci Jr.
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answered on Mar 1, 2024

She needs a good lawyer. I'm sure part of the reason she was arrested was because she admitted to hitting him. You must always keep quiet when speaking to police about anything you may have done. Even the borderline issues because police are NOT to be trusted. Any admission of physical contact... View More

1 Answer | Asked in Criminal Law for Texas on
Q: I have a RTB on a cps case. My case was dismissed and expunged in court. Will this show on any background checks?
John Cucci Jr.
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answered on Feb 14, 2024

It does take some state agencies up to 6 months to expunge the records of your arrest. But it should all be cleared eventually.

Please understand that the State Expungement does NOT take anything off the FBI records. A Federal FBI search of you would still show the arrest, etc. However, the...
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2 Answers | Asked in Real Estate Law for Texas on
Q: Would it be possible to ever change my deceased mothers property to my name if she had no will.

My deceased mothers property is just sitting there and I've been paying her back taxes. When she was alive she stated she wanted to leave one lot and the trailer that's sitting on it to me and the other one with a trailer to my niece. I have 2 brothers and one sister I don't think... View More

John Cucci Jr.
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answered on Feb 4, 2024

Yes. To get it in your name exclusively, or exactly as your mom stated, you can have papers drawn up, including an Affidavit of Heirship, and agreements between your two brothers and your sister. If they all agree, you can have the property transferred as you stated. If they will not agree, you... View More

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1 Answer | Asked in Criminal Law for Texas on
Q: My boyfriend has been charged with ASSAULT FAMILY/HOUSEHOLD MEMBER W/PRE conv. His bond conditions say victim unknown?

Is that normal for them to list a victim unknown or is this a paperwork error that could result in dismissal?

John Cucci Jr.
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answered on Feb 4, 2024

There is a problem with a victim not being named. Sometimes, the name is a "Jane Doe" to protect the victim, but victim unknown is too vague to stand up to a motion to dismiss.

It does depend, whether or not, the written charges are by Indictment or by Information. By information...
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1 Answer | Asked in Criminal Law for Texas on
Q: How can I get my record expunged online?
John Cucci Jr.
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answered on Feb 2, 2024

In Texas, there are very few things that can be expunged from your record. You must have won your trial, got your case dismissed in court, or had a deferred adjudication, that you completed, and had a judgment of no conviction.

If your case had one of the above results, you can only get an...
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1 Answer | Asked in Real Estate Law for Texas on
Q: Selling an inherited home in Puerto Rico. Can my travel expenses be deducted when proceeds be distributed?

We do not live in Puerto Rico. I have traveled to PR 4 times in order to get the house ready for sale and also initiated and paid for all documents required starting with the “Declaratoria de Herederos”, appraisal, cleaning and other services to keep the house in good shape. Inclusive paying... View More

John Cucci Jr.
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answered on Feb 1, 2024

If the property is being sold through an Estate that is in court, allthe expenses to manage the property and in preparation for it's sale, can and should be accounted, and figured into the distribution to heirs.

If you do not have an attorney on the Estate case, you should get...
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