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Questions Answered by Teri A. Walter
1 Answer | Asked in Business Law for Texas on
Q: Are managers/members of a forfeited LLC permitted to wind up that LLC without first reinstating with the SOS?

The members/managers here want to "dissolve" (wind up) their LLC, but they don't have an operating agreement that addresses winding up. Also, that LLC previously forfeited its charter under the Tax Code for failure to pay its franchise taxes. I'm wondering if, under the Texas... Read more »

Teri A. Walter
Teri A. Walter answered on Jan 13, 2021

It depends on whether there are unpaid debts and what assets there are that need to be sold or distributed. For example, if the LLC owns real estate, at present, no one is able to sign a deed for the LLC, and reinstatement would be necessary; if all that's left is some office furniture and... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: Want to sell a house that's only in my name and was acquired while married to my now ex-husband, with whom I had a prenu

stating that property acquired during the marriage is the sole property of the spouse who purchased it. The title co is set on having him "convey title" to me because the divorce decree "didn't address this". Well, there was no need to "address this" because of... Read more »

Teri A. Walter
Teri A. Walter answered on Jan 13, 2021

They have the legal right not to issue an insurance policy until their underwriting standards are met.

While the prenup addressed the problem, the property should have been addressed in the divorce decree, so that this issue would not have come up. Talk to your divorce lawyer - you may...
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1 Answer | Asked in Libel & Slander and Criminal Law for Texas on
Q: my deceased husband and my log splitter was removed 2 days folowing his death by an ex wifes son and he damaged property

log splitter was our livlihood and he had no right to take it. he smashed the gate with our box van and ruined a $1000 hydrolic lift, messed the gate to where i could not secure the property, and left me in a financial mess and an emotional wreck. Ive lost alot of income without the wood wee sell... Read more »

Teri A. Walter
Teri A. Walter answered on Jan 13, 2021

It sounds like you may have a claim for property taken and damaged. Whether that claim makes sense to pursue depends on how much was lost, and the likelihood of collecting a judgment from the person who caused the damage. I suggest you gather your documentation and consult with a lawyer in your... Read more »

1 Answer | Asked in Animal / Dog Law for Texas on
Q: Me and my ex girlfriend both had shared custody of a dog but now she is trying to keep it altogether. What do I do?

Hello, me and my ex split 2 months ago and before splitting we both decided to get a dog. We got the dog for free (from a friend of my ex) but my ex is trying to keep the dog completely. I have spent the same amount of money as her on food, paid for vet bills, attending the visits, kept her over... Read more »

Teri A. Walter
Teri A. Walter answered on Jan 13, 2021

Sorry, even though we love them and treat them as children, dogs are property, and it sound like this one belongs to both of you, which means that neither of you can take the dog and hide it from the other.

Realistically, if you can't work out some joint arrangement, let her have the...
Read more »

1 Answer | Asked in Health Care Law and Elder Law for Texas on
Q: If father's POA isn't responding to healthcare providers how can I get it revoked?

My father, who has previously been diagnosed with dementia/alzheimers, is recovering from covid and is having complications. He seems to be having stroke or heart attack symptoms after testing negative and the nursing home he is in isn't fully equipped to handle his recovery in my opinion. The... Read more »

Teri A. Walter
Teri A. Walter answered on Jan 12, 2021

The only way you can obtain power of attorney to act for your father is if he is capable of giving it, and does so. A guardianship requires court action, after proof that your father is unable to make his own decisions. (BTW, "Power of Attorney" refers to the document, not the person,... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: we own property that has a road going through it. How can I find out if we can keep people from driving through

There is a guy that bought into undivided interest down the road but in our plat it shows the road goes through our property all the way to that property

Teri A. Walter
Teri A. Walter answered on Jan 12, 2021

There may be an easement, which would be recorded in the real property records, or in a deed. If not, he may be able to sue you to obtain an easement of necessity if the road running through your property is the only way to access his property. The answer to your question will require a review of... Read more »

1 Answer | Asked in Contracts for Texas on
Q: Is a tax lien on commercial property a defense to breach of contract for sale if it cannot be cured by sale proceeds.
Teri A. Walter
Teri A. Walter answered on Jan 12, 2021

If there is still a tax lien on the property after it is sold, and the seller provided a warranty of title, or the contract provided for such a warranty, then the lien would be evidence of a breach of the contract, not a defense.

1 Answer | Asked in Animal / Dog Law for Texas on
Q: Hello, I recently took my dog to the vet and they said he has heartworms. When we went there to pick him up and-

everything, the assistant gave the medicine to a family friend of ours. The family friend is super controlling. She will not let me and my girlfriend, the dog's owners, to give him the medicine every day. So we have my girlfriend's mother coming over to give him his medicine every two... Read more »

Teri A. Walter
Teri A. Walter answered on Jan 11, 2021

First, stop asking this friend to run errands for you. Then see if you can get more of the medication from the vet. If not, you'll have to make due until the current prescription is up.

While this "friend" doesn't have any right to the medication, the issue is not one...
Read more »

1 Answer | Asked in Legal Malpractice for Texas on
Q: What is the best procedure to have 2 of 3 parties removed from a civil suit ?

3 parties were listed as defendants in a suit by a mechanic. No lien on vehicle. The vehicle is titled to 1 of the parties involved only. How do I remove the others from suit?

Teri A. Walter
Teri A. Walter answered on Jan 11, 2021

Of course, that depends. If you're the plaintiff, you can simply file a motion to dismiss those defendants. If you're a defendant, you can see if you can get the plaintiff to agree to dismiss you, or do the necessary discovery to allow you to get out with a motion for summary judgment.

1 Answer | Asked in Animal / Dog Law and Civil Rights for Texas on
Q: Can I take my dog with me, do I need to call the police when I go get my belongings?

My husband refuses to let me take my dog with me because I am leaving him and he has 5 other dogs and no job. I have an American bully I have paid all his vet bills and am very close to this dog as so is the dog with me. Can I take my dog do I just need to call the police when I get my belongings... Read more »

Teri A. Walter
Teri A. Walter answered on Jan 6, 2021

Yes, you can take your dog. It's always easier if you can plan your departure for a time he's not there, but if that's not possible, you can certainly call the police for assistance. Good luck!

1 Answer | Asked in Animal / Dog Law for Texas on
Q: My neighbor lets her dog roam free on our block, the dog is in heat and attracting other dogs to the block.

I can’t walk my dogs freely without fear of being attacked by the pack of dogs her dog has attracted. I called the cops but they just spoke to her and nothing has changed. I contacted the city shelter and they haven’t done anything. Can i sue her for depriving me of enjoyment of life?

Teri A. Walter
Teri A. Walter answered on Jan 4, 2021

The short answer is no, you can't sue someone for being afraid.

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Civil Rights for Texas on
Q: Please can anyone just re evaluate final order 05-18-00291-cv
Teri A. Walter
Teri A. Walter answered on Jan 4, 2021

Not in this forum. If you want someone to review the order and interpret it for you, or appeal it, you'll have to consult an attorney. This forum is for general information.

1 Answer | Asked in Divorce for Texas on
Q: Texas wife pays all bills and her husband name is only on title and not mortgage and we have one kid so wife keeps home
Teri A. Walter
Teri A. Walter answered on Jan 4, 2021

Sorry, there's no question here, only a statement.

If the house was bought during the marriage, it's presumably community property. If that's the case, it doesn't matter whose name is on the title or mortgage and regardless of who "pays the bills," the...
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1 Answer | Asked in Real Estate Law for Texas on
Q: Bought a house together, not married, what rights do I have?

I have 3 kids with someone I was with for 10 years. We are no longer together but we still live together in a home we both purchased. Our names are on the house but we are not married. I started going to school and working on my debt. I want to have everything settled before I move out. With me... Read more »

Teri A. Walter
Teri A. Walter answered on Dec 30, 2020

Your rights are determined by the deed, not the financing. If both your names are on the deed, you own a 50% interest in the house, whether you pay any bills or not, and regardless of whose name is on the financing.

That being said, if the mortgage doesn't get paid, the mortgage...
Read more »

1 Answer | Asked in Animal / Dog Law for Texas on
Q: Found dog and puppies in ditch. Took mom dog to the vet Is the dog legally mine? Took owners a week to come forward

The mom needed to see the vet and was bleeding at the neck due to being hit by a car - people don’t want to pay the vet bill- what can I do?

Teri A. Walter
Teri A. Walter answered on Dec 30, 2020

Here are your options:

1. Do nothing. It's unlikely that an owner who dumped the dogs and refuses to pay the vet bill will sue to get the dogs back. If they do, you can countersue for the vet bill.

2. Give the dogs back and consider the vet bill a gift.

3. Give the...
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1 Answer | Asked in Real Estate Law for Texas on
Q: Two siblings each inherit a 50% undivided interest in a ranch.

One wants money now and is willing to sell at a low price.

The other wants to hold out for a higher price.

Neither has the money to buy out the other.

Can they sell their interests to a buyer at different prices?

Short of partition of the land (which does not... Read more »

Teri A. Walter
Teri A. Walter answered on Dec 30, 2020

Where the land cannot be partitioned, the partition happens by sale of the property, with each owner taking their share. The shares are computed taking into account any income received from the property, and expenses incurred, both of which are shared by all the owners.

I suppose the two...
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1 Answer | Asked in Family Law for Texas on
Q: What grounds would an aunt have to take a 14 yr old from his father if there are no problems?

Mother and Father shared joint custody and successfully co-parented. She has recently passed. Her sister wants the 14 yr old. In staying with his father, he will remain in the same school and maintain his extracurricular activities. I'm just wondering if there are any laws or loopholes that... Read more »

Teri A. Walter
Teri A. Walter answered on Dec 30, 2020

There really isn't any way to do this without dad's consent. An aunt doesn't get parental rights over a child just because she wants them.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Landlord raising rent in the middle of our agreement.

We agreed to stay in this house for two years. This was a verbal agreement. The first year, 2020, the landlord’s son would be here. Starting 2021, it would just be my family. Landlord agreed to pay taxes for 2020 & 2021, and if we decided to stay into 2022, we would begin paying the taxes.... Read more »

Teri A. Walter
Teri A. Walter answered on Dec 30, 2020

Oral agreements for more than one year are not enforceable. So, what you have is a month to month tenancy, which can be changed by either of you with 30 days notice. However, it's not clear what was emailed, which could change the analysis.

1 Answer | Asked in Real Estate Law for Texas on
Q: My sister in Maine and I in Texas were deeded (Lady Bird Deed) our late mother's property immediately upon her death.

Texas is a community property state and Maine is not. Do I need my husband's written permission to sell my portion of the property so my sister and I can split the profits with our siblings? The property is being legally split into two different sections to sell. Both my sister and I will... Read more »

Teri A. Walter
Teri A. Walter answered on Dec 18, 2020

You don't say where the property is located, which makes a difference, however in any case you won't need "permission" to sell. Assuming the property is in Texas, however, a title company may require that he co-sign the deed, so that there is no question later about whether any... Read more »

1 Answer | Asked in Animal / Dog Law for Texas on
Q: How does equity law with dogs work in Texas and how can someone prove it to get ownership of dogs in a civil suite?

My ex girlfriend is suing me for my dogs. 1 I got from my boss when she was living in another state. The other I purchased from a friend for $200. I’ve paid 65-90% of the bills for them. She did put her name on the vet bills eventually and would watch the dogs when I was out of town for work. She... Read more »

Teri A. Walter
Teri A. Walter answered on Dec 18, 2020

The judge will look at the evidence and decide who they think is most credible. If the dogs have been together, it's unlikely that they'd be separated, especially if the evidence of who has been caring for them is the same.

You probably have records of what you've paid,...
Read more »

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