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Questions Answered by Teri A. Walter
2 Answers | Asked in Consumer Law for Texas on
Q: Violated the Texas Penal Code 33.021, but the minor doesn't want to press charges, can the state still press charges?
Teri A. Walter
Teri A. Walter
answered on Aug 16, 2021

The short answer is yes. The decision to press charges belongs to the state, not the victims or witnesses. However, if the victims or witnesses don't cooperate, it may be difficult for the state to prove the charges.

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1 Answer | Asked in Criminal Law for Texas on
Q: If someone has already pleaded guilty to a crime can 2 other people be charged with the same crime in a different county

Someone I know stole something from one county, has already been sentenced to tdc time, and is currently doing time . In another county, they are trying to charge 2 other people with the same charge. He already has admitted to guilt to the crime and got sentenced. I do not understand how they can... View More

Teri A. Walter
Teri A. Walter
answered on Aug 16, 2021

If they acted together to commit the crime, the state can charge as many people as were involved.

1 Answer | Asked in Family Law for Texas on
Q: I just found out I am the father of a baby boy in state care in Mn I live in TX . He is 9 months old what can I do

His mother has had her rights taken away and social services is trying to demand I go back to mn and leave my job and home everything basically in order to fight for my son who they are trying to have adopted I only found out 1 1/2 ago

Teri A. Walter
Teri A. Walter
answered on Aug 16, 2021

You need to talk to a family lawyer in MN. While it will likely be necessary for you to appear at a hearing, it should not be necessary to move.

1 Answer | Asked in Consumer Law for Texas on
Q: Is it legal to take a picture of a rude agent at an airport checkin counter ?

My wife and I were trying to check in at a Priority Check in counter of the Airport of Dallas Fort Worth, and when we tried to explain to the agent that we were in a rush, she got mad at us, insulted us and threw our documents off the counter, refusing to provide us service and sending us back to... View More

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

There's nothing illegal about taking photos of people while they're doing their jobs in public.

3 Answers | Asked in Real Estate Law and Tax Law for Texas on
Q: Am I an owner of real property according to IRS Instructions for Form 1120-H (2020)?

To my knowledge corporation referred to herein files 1120-H first time since its incorporation in 1981. It states it is a residential real estate association and claims exempt function income representing it came from me and others as "owners of real property".

I think I may be... View More

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

Your for profit corporation owns the park, you lease the space from the corporation. Pretty straightforward.

If there's an HOA, that's a separate entity, with separate rights, obligations and tax issues. HOAs are typically set up as non-profit entities. Non-profits may or may...
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1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Texas on
Q: If a homeowner passes & the heir does not claim the home or pay taxes can a neighbor acquire through adverse possession

The previous homeowner passed 4 years ago and the home has remained empty. The next of kin have shown no interest in the property. Can a neighbor care for the property (agricultural and house) and become the owner using an adverse possession claim?

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

Yes, if you hold it exclusively for long enough. The minimum period in this situation would be 10 years.

1 Answer | Asked in Animal / Dog Law for Texas on
Q: My ex bought a dog 3 years ago and didn’t pay him off, so now his in collection. What can I do to legally make him mine.

I just found out that his in collection because he never paid the dog off. I’ve been taking care of “our” dog for the past year. I will pay what he owes but I want to put the dog under my name. I don’t want to give up the dog. What can I do to get custody?

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

It sounds like you already have "custody." What you want is ownership. Write up a simple agreement that he is selling you the dog in exchange for you paying off what he owes to the seller.

1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: I am renting to own a house the owner wants me to pay the taxes every year is that right

I’m renting to own a house for 10 years but the landlord wants me to pay the taxes and I’m having to totally remodel the house because it was gutted just wondering is that how it’s supposed to be or is he responsible for the taxes until I own it

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

The answer entirely depends on the terms of your contract. Take it to a lawyer for review.

That being said, there are very few "rent to own" deals where someone isn't getting ripped off. Sometimes it's the "seller," sometimes it's the "buyer."...
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1 Answer | Asked in Divorce for Texas on
Q: When applying for an adult legal name change, is the “legal name” requested, the name reflected on the SS card

SS card currently reflects 1st name, middle initial and married name. I’m divorced and requesting to change my name back to 1st name, middle name and maiden name. Ive recently updated my drivers license to what I’m petitioning for.

Teri A. Walter
Teri A. Walter
answered on Aug 9, 2021

Not necessarily, though it would be preferable to have them match. Your legal name is what is on your birth certificate, as modified by marriage or a prior name change.

1 Answer | Asked in Animal / Dog Law for Texas on
Q: I have been caring and boarding two big dogs for over a year, the owner has only visited once. He is now refusing

To pay for the boarding fees, food costs. Do i have to surrender the poor dogs that he cant afford to feed? Can i claim ownership now that they are abandoned? There's been no communication for 3 months. What is the holding period in Texas?

Am i allowed to refuse to return his dogs... View More

Teri A. Walter
Teri A. Walter
answered on Aug 9, 2021

They aren't legally just "abandoned," but under Texas Property Code Section 70.003, you have a lien on the dogs for the amount of the charges for their care, and can hold them until the charges are paid. To be able to sell them, you must comply with Section 70.005, and give notice... View More

1 Answer | Asked in Estate Planning, Foreclosure and Real Estate Law for Texas on
Q: I'll shorten down my question that I asked earlier should I file for a quit claim deed playing adverse poss or what?

I just want to be able to have a place to lay my head I don't need a lot I don't care if I have to go without electricity or water this is all I have left of my family is this house all my family's deceased I've either buried or cremated 98% of my family in the last 10 years I... View More

Teri A. Walter
Teri A. Walter
answered on Aug 9, 2021

It sounds like you are having difficulty paying the mortgage and are trying to avoid foreclosure. A quit claim deed won't help in that situation (it doesn't even convey the land in Texas, and should virtually never be used).

An adverse possession claim is a way of acquiring...
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1 Answer | Asked in Civil Rights for Texas on
Q: Misconduct by trial judge in houston Civil law suit
Teri A. Walter
Teri A. Walter
answered on Aug 9, 2021

Sorry, without some facts, it's impossible to provide a helpful comment.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: We paid a deposit but haven't signed lease yet. Is deposit refundable? We don't want to move in now because of repairs.

The landlord and owner are unwilling to make repairs that are needed and also the listing of the house was for $2,000.00 per month but they want to charge $2,100.00 per month. Is our deposit refundable?

Teri A. Walter
Teri A. Walter
answered on Jul 14, 2021

If you have not signed a lease, then it doesn't sound like you have a deal, and should not be paying a deposit. If there is no lease signed, and you have not even reached an oral agreement (there are still issues about the amount of rent and repairs to be done) then any deposit you've... View More

2 Answers | Asked in Cannabis & Marijuana Law for Texas on
Q: Is it illegal to give my friend Bitcoin money for drugs

My friend wants me to give them Bitcoin in order for them to buy drugs online. I will not ever see these drugs or partake in them, I would simply just give the money to my friend so that they can buy drugs online. Will I get in any trouble for doing this?

Teri A. Walter
Teri A. Walter
answered on Jul 14, 2021

There is no valid reason to do this. Make your friend buy their own drugs, with their own money.

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1 Answer | Asked in Landlord - Tenant for Texas on
Q: I got evicted due to someoneacting out of emotions and retaliation. How can i fight this to standup for what's tight

Bring evicted is due up me using chain of command and spokewith owner to resolve conflict with manager and due to calling him she's evicting us

Teri A. Walter
Teri A. Walter
answered on Jul 14, 2021

A dispute with the property manager won't be enough to evict you. I suspect there is more to the situation, but without knowing the basis of the eviction and more facts, it's impossible to say what defenses you may have.

1 Answer | Asked in Estate Planning and Real Estate Law for Texas on
Q: how do I buy out my brother on a home that is inherited with a mortgage. His share is 12.5 % in Texas
Teri A. Walter
Teri A. Walter
answered on Jul 14, 2021

First, you get an agreement from your brother about the value of his interest. Then have a deed prepared by a lawyer, and pay your brother for his interest in the property.

1 Answer | Asked in Criminal Law and Agricultural Law for Texas on
Q: Friend ask us to watch their dog. We returned the dog home and put the dog in the backyard. Is that animal cruelty?

As, they told us they would be home in 10-15 mins so we told them we put the dog in the backyard with his things and water. Told them we had to get going because it was late. They are now saying since we put the dog in the backyard that it’s animal cruelty and their going to call the police on us.

Teri A. Walter
Teri A. Walter
answered on Jul 8, 2021

On the facts stated, there is no animal cruelty.

1 Answer | Asked in Real Estate Law for Texas on
Q: Other than marriage, how can I bequeath my property to a individual without it costing them an inheritance tax /probate
Teri A. Walter
Teri A. Walter
answered on Jul 8, 2021

For avoiding estate taxes, leave less than $11.7 Million in your estate, (the current minimum value of estates subject to the tax).

For avoiding inheritance taxes, leave property to a beneficiary in a state that does not impose inheritance taxes. Most states, including Texas, do not have...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: How long does a landlord have to make repairs

I submitted work orders June 15th. Maintenance man came out to inspect AC. he said he needed a part and has yet to show up.

Teri A. Walter
Teri A. Walter
answered on Jul 7, 2021

Seven days is presumed to be a reasonable time. Unfortunately, due to COVID shutdowns, there are lots of problems getting parts in lots of different industries, so everything is taking longer.

Look here for the procedures that will allow you to do the repairs yourself and deduct the cost...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Apt landlord never told me I had to sign vacate document. And they accepted my keys. But now saying I owe 60 days rent?

They never told me I had to sign anything. I gave them notice. They also accepted my keys. I’m not longer in Texas. They are now emailing me saying I owe them 60 days rent and they cannot accept keys before hand yet they already did.

Teri A. Walter
Teri A. Walter
answered on Jul 7, 2021

You may want to send them a copy of your notice, along with written confirmation of when the keys were turned in. Hang onto a copy of the lease, your notice, and evidence of paying rent, as you may need these to defend a claim against you for the unpaid rent.

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