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Questions Answered by Teri A. Walter
1 Answer | Asked in Family Law and Land Use & Zoning for Texas on
Q: If I'm building a house for cash paying for it upfront on some land do I need a deed
Teri A. Walter
Teri A. Walter
answered on Dec 6, 2021

If you already own the land, you already have a deed which covers everything that is permanently attached to the land, or that becomes permanently attached to the land; this would include a house (assuming it's not on wheels). If you're buying the land, then yes, you'll need a deed,... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can I get some guidance on my current situation making payments on a rent to own property?? The landlord is about to put

The property up for auction, but I think the house may have accidentally been put in my name.

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

I do not know how a property would be "accidently" put in your name, or how anyone could sell property (by auction or otherwise) that they had already transferred to someone else. Take your contract, payment records and any notices you received to a lawyer for review.

1 Answer | Asked in Contracts for Texas on
Q: In Birkel v. Hassebrook Farm Services, 219 Neb. 286, what is the issue, what is the holding and what is the reasoning?
Teri A. Walter
Teri A. Walter
answered on Dec 6, 2021

If you are asking for someone to explain a particular case to you, (and presumably, determine whether and how it affects your situation), you need to consult an attorney. This forum is for general legal questions.

In general the issue in a case is the particular legal question before the...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Do I still have to pay my rent if my landlord isn’t upholding the lease agreement?

Not supposed to have anyone staying with us, but my roommate does. And the microwave has been broken for months

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

The short answer is yes, you have to pay rent. Your obligation to pay rent is separate from your landlord's obligation to do repairs, and if you don't pay your rent, you'll get evicted.

There are procedures that must be followed to complain about the failure to do repairs,...
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2 Answers | Asked in Personal Injury and Medical Malpractice for Texas on
Q: how do you move forward with debt owed to a hospital no longer in business?

years ago i took my 1 1/2 yr old daughter to a "pop-up ER." They incorrectly inserted her catheter and caused 2 hours of pain because her bladder was blocked and unable to drain. Also, she was unable to speak to us to tell us what was hurting. An older nurse recognized the issue, adjusted... View More

Teri A. Walter
Teri A. Walter
answered on Dec 5, 2021

You really have at least 4 questions -

1) Is the original debt collectible? If it's more than 4 years old, and they don't already have a judgment, it may be uncollectible.

2) Does the collection agency have proper authority and documentation to collect the debt? If...
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1 Answer | Asked in Estate Planning, Legal Malpractice and Probate for Texas on
Q: Are probate judges, court attorneys legally allowed to enrich themselves with probate courts participants real estate
Teri A. Walter
Teri A. Walter
answered on Dec 2, 2021

No, of course not. Without some basis for why you would ask this, there's nothing more that I can say that would be relevant and helpful. If you have a lawyer, ask them. If not, I suggest you visit with a probate lawyer in your area ASAP to address your concerns.

2 Answers | Asked in Criminal Law for Texas on
Q: A woman wants me to send her money, said she is hungry and stuck, needs money for a flight to USA.

Said Army left her there with others, says she is a millionaire ( 3.6 million ) but the banks won't let her access her account cause she said she made a agreement with them not to use her money while she's there ( Kabul, Afghanistan ) Says she has another account of all her military pay... View More

Teri A. Walter
Teri A. Walter
answered on Dec 2, 2021

This is definitely a scam (clear based on several indicators) and you should not communicate with that person at all.

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1 Answer | Asked in Business Law for Texas on
Q: Selling my assets located on my property that is currently rented/leased to a third Party?

Case: Property owner rents out his property but he still has junked machinery on site. He decides to sell the machinery located on the current leased property and he states in the sales contract that all machinery must be removed in 15 days or buyer will have to pay a $500 penalty fee, and was... View More

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

Lots of things went wrong here. The landlord/seller is trying to impose a penalty on the buyer, without incurring any damages, the Buyer isn't complying with the agreement, and the tenant is interfering in the contract. Buyer needs to pick up the equipment, the tenant needs to get out of the... View More

1 Answer | Asked in Real Estate Law for Texas on
Q: I was purchasing some land from a neighbor. We both signed a agreement with address and price but no payment arrangemen

I got half of the agreed price payed off and he transfered ownership into someone else's name.

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

You may have a claim to to title based on the agreement, and partial performance. Talk to a lawyer in your area and bring the agreement, and your records of payment.

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: Can an employer make employees come to work in a good mood when an employee has mental health issues?

Do I need to discuss my mental health issues with my employer?

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

I have no idea how an employer would enforce a requirement to "come to work in a good mood," but they could certainly insist on certain behaviors which might suggest that a person is in a good mood, such as being polite to customers or co-workers, greeting customers at the door, smiling... View More

1 Answer | Asked in Consumer Law and Contracts for Texas on
Q: Predatory lender gave false, misleading information in contract and will not provide proper receipts of payment

I was targeted by an aggressive door to door salesman, I was coerced and pressured into signing a contract for a Kirby vacuum and promised monthly payments of $105.49, $2,800 payoff before 36 months and $3,797.64 if I’m still paying after 36 months, 21% interest rate. I was turned over to a... View More

Teri A. Walter
Teri A. Walter
answered on Nov 30, 2021

First, I recommend that everyone Always keep their own records of payments made, either by making the payments in a way that generates a record (like a check) or by keeping a copy of the payments made. That way you are never in the position of having to look for a receipt.

As to whether...
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1 Answer | Asked in Gov & Administrative Law and Military Law for Texas on
Q: Can I sue my former university for charging me out of state tuition due to the military moving me in highschool?

I applied to a texas colllege and when applying I informed the school that I considered myself a texas resident because I spent my freshmen, sophmore, and half of my senior year at a texas highschool and graduated from said school. I only spent my junior year and half of my senior year in new... View More

Teri A. Walter
Teri A. Walter
answered on Nov 30, 2021

There are rules that govern when in-state and out of state tuition should be charged. (When I was in school, after being employed in Texas for a year, I qualified for in-state tuition - so I paid out of state tuition for only the first year, and then switched to in-state tuition.) Here's a... View More

1 Answer | Asked in Divorce for Texas on
Q: I was served for divorce Oct 30. Final hearing date for divorce is Jan.12. Can I still File a Motion for Temporary Order

I don't have a lawyer, so trying to figure it out myself. It's very hard. Husband has a Lawyer. He's been provider for the 10yr marriage. My income is $313 disability check. I need help. Is it to late to file Motion for Temporary Orders Hearing? I live in the home. It's mine,... View More

Teri A. Walter
Teri A. Walter
answered on Nov 29, 2021

Temporary orders won't be effective after a final decree is entered, so it doesn't make much sense to request temporary orders at this stage. Of greater concern is the terms of the final decree, and whether it recognizes your separate property. You need a lawyer to review the situation.... View More

1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: How long do I have in TX to cancel an appeal I filed against eviction due to violation of lease“disrupting behavior
Teri A. Walter
Teri A. Walter
answered on Nov 29, 2021

If you are the party appealing the eviction, you can dismiss the appeal at any time.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Q: My neighbor connected their water utilities to my water meter, what can I do?

I purchased a vacant lot that has a water meter on it. I'll call my property lot 1. That water meter was listed with the city for both lots 1 and lot 2 since the previous owner owned both lots, the water meter is physically on my property. However lots 1&2 are now owned by different people... View More

Teri A. Walter
Teri A. Walter
answered on Nov 19, 2021

It sounds like you have a trespass claim against your neighbor, and damages from any unrepaired trench on the property, as well as the cost of providing water to your neighbor, and possibly for the cost of installing a new water line and meter. Depending on the circumstances and expense, there may... View More

1 Answer | Asked in Divorce for Texas on
Q: In a community property state, do all savings/investments get split 50/50 regardless of circumstance?

Scenario: In late 2019, a couple in a community property state decides prior to marriage to keep their finances separate but divides all housing and utility costs equally. However, no prenuptial agreement is signed.

Spouse X earns a base salary income of $70,000 and Spouse Y earns a base... View More

Teri A. Walter
Teri A. Walter
answered on Nov 19, 2021

Absent a written agreement otherwise, all assets acquired during the marriage are presumed to be community property. Property acquired by gift or inheritance is separate property, but the person claiming that they are separate would have the burden of proving that. If community property was used... View More

1 Answer | Asked in Contracts and Business Formation for Texas on
Q: Ways to start a single member LLC as a subsidiary of a multi-member LLC for a retail store? Need 100% control.

I have 60% of the company and want to keep the same branding. But need to have full control of the new line. Can this be as simple as putting the agreement in the operating agreement and filing for a single member LLC where I have 100% control. My main goal is to keep the branding and customer... View More

Teri A. Walter
Teri A. Walter
answered on Nov 19, 2021

It's doubtful that you could assume complete control of a product line of the original LLC simply by starting a new LLC, and even taking a new business opportunity from the original LLC may be problematic. Presumably you would also need to have ownership of that product line & branding... View More

1 Answer | Asked in Child Custody and Divorce for Texas on
Q: Wife abandoned home, what should I do for a divorce?

Hello, I am a father of 2 children (7 and 13). My wife and I have been married almost 8 years. We have had difficulties like most marriages. About 7 weeks ago we had a disagreement and she left and has not returned. I have not heard from her or have seen her since. None of her friends or family... View More

Teri A. Walter
Teri A. Walter
answered on Nov 17, 2021

Under the circumstances, you might want to consider filing a missing persons report with the police. In order to get a divorce, she'll have to be served with a citation, so you'll need to know where she is.

1 Answer | Asked in Contracts for Texas on
Q: Independent contractor lost opportunity

I had an opportunity for a high rate consulting opportunity with a former client

They contacted me with a intermediate company who agreed I could use them as a third party for billing purposes provided I had a llc

I obtained the llc at a cost of 800 dollars and 4 days later they... View More

Teri A. Walter
Teri A. Walter
answered on Nov 17, 2021

I can't tell whether you actually had a contract, or were just discussing and negotiating an "opportunity." In the meantime, it doesn't sound like you "lost" $800, but rather that you set up an LLC that you can't use for the deal you didn't get, and you can... View More

1 Answer | Asked in Personal Injury for Texas on
Q: WHAT HAPPENS IF DEFENSE COUNCEL AND MY OLD ATTORNEY SUBMITS FALSE DOCUMENTS IN A CASE AND CASE GETS DISMISSED?

CASE 14-21-00400-CV

Teri A. Walter
Teri A. Walter
answered on Nov 15, 2021

The appeal is pending, awaiting the Appellee's brief. After that is filed, the appeals court will review the briefs and issue an opinion. No one can give you a prediction as to what that will be without reviewing the whole case.

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