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Questions Answered by Teri A. Walter
2 Answers | Asked in Real Estate Law and Probate for Texas on
Q: mother died. Left family home that I’ve lived in for 10 years, to me and brother. He’s executor. He won’t pay 1/2 taxes.

He hasn’t transferred title to us either. I pay all bills since I live here and don’t want to sell. If house was in our names, taxes would be less since I am disabled so my half would be lower. But I can’t pay $12,000 property tax bill alone. What do I do?

Teri A. Walter
Teri A. Walter
answered on Mar 1, 2021

You could sue to partition the property, but that would just get the house sold, and the proceeds divided. Otherwise, you're looking at suing your brother periodically for his share of the expenses that you paid.

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1 Answer | Asked in Gov & Administrative Law for Texas on
Q: Could a state change the title of their executive from governor to president?

I have looked in the constitution and found no provision requiring state executives to be called governors. So was curious if it was in federal law or if there is no law barring the change and that legislatures only need approve it and it shall be done?

Teri A. Walter
Teri A. Walter
answered on Mar 1, 2021

State Constitutions specify the titles of the executive officers. While the Constitution could be amended to change the title, really, what's the point?

1 Answer | Asked in Securities Law for Texas on
Q: Is Puerto Rico outside the United States? An annuity investment I have will not pay if I am "outside the United States
Teri A. Walter
Teri A. Walter
answered on Mar 1, 2021

Contrary to popular belief, Puerto Rico IS part of the US, even though it's not a state. It's a US territory, and you don't even need a passport to travel to and from there from any other part of the country.

1 Answer | Asked in Divorce and Family Law for Texas on
Q: What If the respondent changes their mind to sign waiver of service ?

Do they have to go back to the court and request service or does the respondent just file an answer, although the petition wasn’t given to them? Do they have to go back to the court and request service or does the respondent just file an answer, although the petition wasn’t given to them?

Teri A. Walter
Teri A. Walter
answered on Mar 1, 2021

If you've already filed a waiver, you need to get an answer on file. And check the terms of the waiver. Some of the waivers I've seen don't just waive service, but also waive notice of the proceedings.

1 Answer | Asked in Car Accidents for Texas on
Q: Hi i had a homeless man commit suicide by throwing himself infront of my truck can i sew the city fir damages against me

Happened 2 years ago

Teri A. Walter
Teri A. Walter
answered on Mar 1, 2021

The short answer is no. Because first, it's not clear that you have any damages, second, you've given no indication of why the city should be responsible for what the man did, and third, it's extremely difficult to sue government for anything, even the things they Are responsible for.

1 Answer | Asked in Divorce for Texas on
Q: In my original divorce petition, they put my last name as my wife's middle name. How would I fix it
Teri A. Walter
Teri A. Walter
answered on Feb 26, 2021

Talk to your lawyer - the petition can easily be amended, but that may not even be necessary. What's important is that the error doesn't end up in the divorce decree.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Is my landlord overcharging for damages? I rented a property for 4 years (2016-2020).

I rented a property for 4 years (2016-2020). The leasing company is charging over $4,000 in damages ($1900 of which was the security deposit). The charges are $1300 for carpet, $2100 to repaint, and a $350 cleaning fee). We are being charged for replacing the entire carpet (which we did further... View More

Teri A. Walter
Teri A. Walter
answered on Feb 26, 2021

Most Justices of the Peace treat all carpet and paint issues as ordinary wear and tear, and the same is true of cleaning, unless the place is particularly dirty. The landlord cannot deduct anything from the security deposit, let alone charge you, for ordinary wear and tear. It sounds like you... View More

1 Answer | Asked in Uncategorized for Texas on
Q: If someone else’s property gets stolen off my property am I responsible?
Teri A. Walter
Teri A. Walter
answered on Feb 26, 2021

The answer depends on the circumstances. For example, if you borrow someone's bike, leave it unsecured on your property, and it gets stolen, yes, I think you're responsible. If someone leaves their bike unsecured on your property, you're not responsible.

1 Answer | Asked in Civil Rights and Constitutional Law for Texas on
Q: Someonr threatening as boss of the girl whom im contacted for escorts service. He told he will compliant to police.

But i didnt sent money anyone. I inquired couple of girls based on details provided in adultsearch. He told he already have my address and my family details. I already sent 1500$ to him.

Teri A. Walter
Teri A. Walter
answered on Feb 26, 2021

This sounds like a scam. Stop sending money, and stop communicating with that person.

1 Answer | Asked in Contracts for Texas on
Q: Hello, Officers in a condominium association have refused to account for monies and to submit to an audit. Recourse?

There are 2 buildings in the association, 4 homes in each. There are different issues for each building although the owners of one building have taken control to their advantage. What has been recorded in minutes is now “lost” although I can substantiate what happened through emails and... View More

Teri A. Walter
Teri A. Walter
answered on Feb 26, 2021

Yes. Elect new officers.

1 Answer | Asked in Divorce for Texas on
Q: What can I do if I don’t have the original copy of my marriage license and I want to get a divorce?
Teri A. Walter
Teri A. Walter
answered on Feb 25, 2021

You don't need a copy of your marriage license to file for divorce. But if you needed the record for some reason, you could contact the county clerk of the county that issued the license. Talk to a family law attorney in your area about the requirements for divorce, and your circumstances.

1 Answer | Asked in Consumer Law for Texas on
Q: I had a plumber come out to unclog my main line. He was able to get a low flow and left.

The next day the line was clogged again. Do I have to pay him again to unclog the line our should he come back out and fix it for free since I’ve already paid him?

Teri A. Walter
Teri A. Walter
answered on Feb 25, 2021

You paid him for the first fix. Unless it was done improperly the first time, fixing it again is a second job, which needs to be paid for. Since this has (presumably, based on your question) happened quickly, you might want to have him look for an underlying cause of the problem.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: I own a small Cafe and rent the building, my landlord has posted on FACEBOOK that she may get someone else to rent It

And run the business, I have not been evicted.

Is this legal?

And she has changed the locks on me once before without notice.

Can she get by with that?

Teri A. Walter
Teri A. Walter
answered on Feb 25, 2021

Sounds like she nay be advertising an intent to breach the contract. If she does that, you can sue to stop her. Changing locks on a commercial tenant is permitted if the rent has not been paid, which is different than the situation for a residential tenant. If you're locked out unlawfully,... View More

2 Answers | Asked in Gov & Administrative Law for Texas on
Q: The Governor's Oath of office does not include the people; did I miss where he is to protect us and our rights?

I have always thought that governors like the president were expected to defend and protect their people. If so, why is there no mention of this specifically in the Oath?

Teri A. Walter
Teri A. Walter
answered on Feb 25, 2021

All public representatives, and lawyers, take an oath to uphold and defend the Constitution. Numerous Supreme Court decisions make it clear that none of them, including the police, have any duty to "protect the people," and frankly, we're all safer that way.

Your interests...
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1 Answer | Asked in Juvenile Law for Texas on
Q: For example me being a 17 year old can I move in with my brother but he’s in another state
Teri A. Walter
Teri A. Walter
answered on Feb 24, 2021

That depends - how do your brother and your parents feel about it? Your parents have control over where you live until you are 18.

1 Answer | Asked in Real Estate Law and Arbitration / Mediation Law for Texas on
Q: Can I get my earnest money back in Texas?

On Feb 27, we went to see some home and we stop on Perry Homes. The seller told us the prices where going to change soon. She ask us if we had an agent and since we didn't she told her friend who is an agent an was there. He said we could sell our home and get more 100k and we where pressure... View More

Teri A. Walter
Teri A. Walter
answered on Feb 24, 2021

Whether you can get the earnest money depends on the terms of the contract you signed. Take it to a lawyer for review.

1 Answer | Asked in Employment Law, Federal Crimes and White Collar Crime for Texas on
Q: Can I file a lawsuit to have a fraudulent W-2 revoked?

Can I file a lawsuit to have a fraudulent w-2 revoked?

I am an independent contractor.My life line during the pandemic depends on gig worker assistance. A company fraudulently re-characterized me as a w-2 employee after I terminated all business relationship with them due to consistent... View More

Teri A. Walter
Teri A. Walter
answered on Feb 24, 2021

I don't know what claims you could make yourself, but you could report the situation to the IRS. If they claim you were a W-2 employee, they should have been paying payroll withholding, and weren't. That can result in a 100% penalty against the company, and against anyone who had... View More

1 Answer | Asked in Animal / Dog Law for Texas on
Q: the lady that was watching our dog won’t give him back. text messages show she agreed to watch him & now she blocked us

a friend of ours agreed to watch our dog while we were relocating. unfortunately we had a falling out and now she won’t give us our dog back and has blocked our numbers. he is not chipped or registered but the text messages between us show that she agreed to watch him and prove he is ours.... View More

Teri A. Walter
Teri A. Walter
answered on Feb 23, 2021

You could try a small claims case to have the court declare ownership of the dog. Gather your evidence and talk to the clerk of the Justice of the Peace court in the precinct where your ex-friend lives.

1 Answer | Asked in Civil Litigation and Animal / Dog Law for Texas on
Q: I want to get my cat back but the person blocked me number in Facebook. I have their information but I need answer

I had a cat named Harley and I gave it away a couple nights ago but I want my cat back. They blocked me from Facebook and my number. I have their information but I just need to know what can I do to get my cat back I will pay money for someone to get it legally back to me.

Teri A. Walter
Teri A. Walter
answered on Feb 23, 2021

Gifts are permanent. If you "gave" the cat to someone, you probably can't get it back. Circumstances may or may not support a different answer.

2 Answers | Asked in Real Estate Law and Probate for Texas on
Q: My husband and I moved into the house his mom got the loan for , I've been paying the mortgage for 22 years,

My husband died. Can I still claim this house? Or does the person that's on the deed kick me out

Teri A. Walter
Teri A. Walter
answered on Feb 23, 2021

If your husband was not the owner when he died, you can't inherit the house from him. Gather the deed, the will, if any, and information on any other heirs, and talk to a probate lawyer in your area.

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