Child support judgement was reduced to half 27000 and was included in my bankruptcy filing and was paid off in 2006. Then the Child support office refiled for the original amount and tacked interest onto the original amount. The CS office refuses to acknowledge the bankruptcy agreement and more... View More 
answered on Dec 19, 2020
Child support payments generally cannot be discharged in bankruptcy. This means that a parent who owes child support cannot escape this duty by filing for bankruptcy. Bankruptcies do not act as a stay, or hold, on actions to modify child support obligations. Since you state that the child support... View More
My children do not want to move with their mother. We do have a child support agreement and we share custody of the children.
answered on Dec 19, 2020
You should review the custody order regarding the terms of custody for you and their mother. Generally, there is language in the custody order that prevents one parent from moving the children a certain distance away from the other parent, and from moving the children out of the state because... View More
I live in Texas she lives in okla.
answered on Dec 19, 2020
You should contact an attorney in Oklahoma for legal advice regarding how to proceed since your daughter lives in Oklahoma.
answered on Dec 19, 2020
You may contact Legal Aid of Northwest Texas at its Midland office at (432) 686-0647 to find out whether you are eligible for their legal services. You may also contact the Midland County Bar Association or the Midland County Young Lawyers Association for pro bono assistance.
You may... View More
A woman died, leaving 2 children from past husbands. The location of one of them is known but not the other. Both are adults. She was married to her fifth husband when she died. Her name and his (#5) are on the deed to the house. I believe that Husband gets his half of the house (community... View More
answered on Dec 19, 2020
Assuming that the house was the community property of Husband and Wife, then Husband retains his 1/2 undivided interest in the house. The Wife's 2 adult children inherit the Wife's undivided 1/2 interest in the house.
If you file an application to determine heirship, since the... View More
My wife has no wish to speak with the family of the the estate for her inheritance so we hired a lawyer to intermediate and verify paperwork. We eventually got a military id and sent that to our lawyer with her Social Security Card and Birth Certificate. The family still wanted to video chat for... View More
answered on Dec 19, 2020
If the family lawyer was representing your family at the time of the meeting, then your lawyer was ethically required to communicate with the family lawyer, and not the family about the credentials. If your lawyer gave your credentials to the family lawyer, then it sounds like he did what he was... View More
Dad's trust has an "incompetency" clause
answered on Dec 19, 2020
The answer to your question depends on what the trust's incompetency clause states. Most trust agreements will either define incompetence or will allow the trustee to rely upon the opinion of physicians. If the trust document has an incompetency clause, it may address the issue of how to... View More
Our father has been diagnosed with moderate to severe Alzheimer's disease. His trust document has an "incompetency clause".
answered on Dec 18, 2020
Most trust agreements will either define incompetence or will allow the trustee to rely upon the opinion of physicians. If the trust document has an incompetency clause, it may address the issue of how to determine whether the spouse is incompetent and who makes the determination? Generally, a... View More
Of the assets to be equally divided, a bank account she has check writing on and a brokerage account she is the sole beneficiary. She was aware they were to be distributed equally. She is the executrix and 8 months later I've not received my half. I'm aware in most cases the... View More
answered on Dec 18, 2020
A decedent's estates is divided into two parts: probate assets and nonprobate assets. Probate assets are generally those assets that pass by title, e.g., house, car, etc. Nonprobate assets are generally those assets that pass according to a beneficiary designation, e.g., bank account, life... View More
We already set up medical appointments and accompany our dad to his appointments.
He's signed documents allowing us to have access to his medical records.
answered on Dec 19, 2020
What you refer to in your question as an incompetency declaration is a guardianship proceeding under Texas law. An application must be filed in the probate court requesting that an individual (proposed ward) be declared incapacitated. If the court determines that a person is incapacitated, then... View More
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