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Questions Answered by Kathy Elizabeth Roux
1 Answer | Asked in Bankruptcy, Family Law and Child Support for Texas on
Q: How do I get the federal court to investigate a bankruptcy case that was disregarded by debtor.

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... Read more »

Kathy Elizabeth Roux
Kathy Elizabeth Roux 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... Read more »

1 Answer | Asked in Family Law for Texas on
Q: My childrens mother is moving them to Anchorage Alaska from San Antonio Texas. I do not agree with this what can I do?

My children do not want to move with their mother. We do have a child support agreement and we share custody of the children.

Kathy Elizabeth Roux
Kathy Elizabeth Roux 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... Read more »

1 Answer | Asked in Family Law and Adoption for Texas on
Q: My daughter was adopted by her grandparents one has died the other has demtia. She is now 17 and wants to live with me?

I live in Texas she lives in okla.

Kathy Elizabeth Roux
Kathy Elizabeth Roux 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.

1 Answer | Asked in Family Law for Texas on
Q: Where do I get legal assistance (Pro bono) to transfer my daughter's guardianship from Midland TX to Amarillo Tx
Kathy Elizabeth Roux
Kathy Elizabeth Roux 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...
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1 Answer | Asked in Estate Planning and Probate for Texas on
Q: What can be done to get the deed of the house to be in the husband's name after wife dies? There is no Will.

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... Read more »

Kathy Elizabeth Roux
Kathy Elizabeth Roux 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...
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1 Answer | Asked in Estate Planning for Texas on
Q: My wife is unhappy with her lawyer but he will receive her estate check. How do we refute service.

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... Read more »

Kathy Elizabeth Roux
Kathy Elizabeth Roux 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... Read more »

1 Answer | Asked in Estate Planning and Elder Law for Texas on
Q: Must 2 doctors do mental evaluations in order to be qualified to sign "incompetency" forms ?

Dad's trust has an "incompetency" clause

Kathy Elizabeth Roux
Kathy Elizabeth Roux 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... Read more »

3 Answers | Asked in Estate Planning and Elder Law for Texas on
Q: Is there any reason to hesitate in pursuing an incompetency designation?

Our father has been diagnosed with moderate to severe Alzheimer's disease. His trust document has an "incompetency clause".

Kathy Elizabeth Roux
Kathy Elizabeth Roux 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... Read more »

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2 Answers | Asked in Probate and Estate Planning for Texas on
Q: My fathers will states my sister and I share equally his assets upon his death.

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... Read more »

Kathy Elizabeth Roux
Kathy Elizabeth Roux 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... Read more »

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2 Answers | Asked in Estate Planning and Elder Law for Texas on
Q: How does an incompetency declaration affect the patient-phycian relationship?

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.

Kathy Elizabeth Roux
Kathy Elizabeth Roux 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... Read more »

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