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Questions Answered by Tammy Lyn Wincott

1 Answer | Asked in Divorce, Family Law and Elder Law for Texas on

Q: Texas laws: Can Durable Power of Attorney for incapacitated adult file for divorce on behalf of incapacitated adult?

Child named Agent of elderly mother's Durable Power of Attorney in Texas. Father has been mentally & verbally abusive to mother for years & has been grossly negligent in his fiduciary duties of the family living trust. He has withdrawn substantial amounts from the trust & bank accounts for his own... Read more »

Tammy Lyn Wincott answered on Sep 13, 2019

Contact Adult Protective Services if you believe there may be financial, mental or physical abuse. Her agent needs to safeguard her assets, i.e. separate bank account, etc.

1 Answer | Asked in Animal / Dog Law for Texas on

Q: found stray dog and owner ,he ran away over a year ago do I have to give him back

Tammy Lyn Wincott answered on Sep 13, 2019

How would you feel if a dog you had and loved was lost and the person that found them didn't want to give the dog back?

1 Answer | Asked in Animal / Dog Law for Texas on

Q: If dogs were in a house for weeks after their owner died of natural causes and they consumed some of the body will

They have to be put down?

Tammy Lyn Wincott answered on Sep 13, 2019

It appears the dogs were only doing what was natural for them so long as they weren't the reason for the death.

1 Answer | Asked in Real Estate Law for Texas on

Q: We were deeded a home by a friend before she died, deed in our name. how long does family have to remove contents?

My wife and I were the caregivers for an elderly widow who passed away on June 5th. Our friend signed her home over to us on March 25th utilizing a Texas General Warranty Deed but we didn't file it right away because while she needed assistance she wasn't ill and we didn't anticipate that in a few... Read more »

Tammy Lyn Wincott answered on Sep 13, 2019

Until the deed is invalidated, it appears you are the legal owners of the house and have a right to take possession. I suggest taking pictures of all the contents and the house, etc. in the event you may need them later. Keep an inventory of all contents.

3 Answers | Asked in Estate Planning, Real Estate Law, Probate and Landlord - Tenant for Texas on

Q: My father passed away, he wasn't married and didn't leave a will. Are my Aunt's allowed to keep his house keys from us?

My father didn't have a will, and only has 2 children. He wasn't married. My Aunts have taken the keys to his home and wouldn't allow me (his son) inside to search for documents necessary for burial. Is that legal for her do given that I'm the son? I researched intestate succession and believe it's... Read more »

Tammy Lyn Wincott answered on Sep 13, 2019

No they cannot keep the keys from you. The children are the heirs not the Aunts; siblings are only considered immediate heirs when there are no children. See a lawyer.

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1 Answer | Asked in Real Estate Law, Animal / Dog Law and Landlord - Tenant for Texas on

Q: Am I liable for pet rent?

If I have not acknowledged ownership of my animals to my apartment complex, and have lived there for over a year, but am only now receiving notice of an unpaid amount on my bill, despite having paid what I am obligated, the reason for which is pet rent; am I admitting acknowledgment of having had... Read more »

Tammy Lyn Wincott answered on Sep 12, 2019

Read your lease contract. If you knowingly broke the agreement then chances are high you’re responsible.

1 Answer | Asked in Constitutional Law for Texas on

Q: i have a worker that had a noose hanging in his personal vehicle. is that illegal? what actions if any should be take

Tammy Lyn Wincott answered on Sep 12, 2019

As far as I know there is no law against this.

2 Answers | Asked in Estate Planning for Texas on

Q: White happens if my wife wills our house to her children from a previous marriage? We both own the house.

Correction: " What happens...."

Tammy Lyn Wincott answered on Sep 12, 2019

Since she owns 50% under community property laws she may leave it to anyone she chooses. However in Texas you have homestead protection meaning you have the rights to live there for the remainder of your life. It gets a little more involved as to who is responsible for taxes, mortgage, insurance... Read more »

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4 Answers | Asked in Car Accidents for Texas on

Q: My parents were in a car accident about four months ago with an 18 wheeler can my parents sue? 18 Wheeler’s fault

Their police report came back saying that that it was the 18 wheeler’s fault my parents vehicle is now totaled I’m now putting them in a financial burden

Tammy Lyn Wincott answered on Sep 12, 2019

Consult with an experienced personal injury lawyer as soon as possible. You may hurt their case by letting too much time go by.

Best wishes for their health and recovery.

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3 Answers | Asked in Family Law and Child Support for Texas on

Q: My ex husband pays me child support. 97.00 a week to be exact (which is nothing). He keeps telling our daughter to tell

Me to send my daughter with the child support money when she goes with him on the weekend. Is this legal ??? Am I missing something ?

Tammy Lyn Wincott answered on Sep 12, 2019

This happens a lot. Child support is meant to support the child with such things as housing, food and clothing; it is not an allowance for the child.

Obviously there’s a reason this person is your ex. Be the bigger person and don’t get caught up in pettiness.

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2 Answers | Asked in Probate for Texas on

Q: Brothers will gives all his processions to me, no wife or kids, 1 brother, no dispute. Must will be probated or not.

Trying to sell his 2001 truck and flat bottom boat .

Tammy Lyn Wincott answered on Sep 10, 2019

It depends on what the will says and if there are any debts of the estate. If a simple case, you should be able to get it probated for under $1000 including the filing fees.

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2 Answers | Asked in Estate Planning, Elder Law and Probate for Texas on

Q: If l lost the original POA then what is the legal remedy?

I lost the original POA for my mom but l have 3 copies. I am trying to sell a house she owns but the title company will only accept the original. What can l do? The POA states that the use of a copy is acceptable. Do l have to go before a judge or something? What do l do? I am in Texas.

Tammy Lyn Wincott answered on Sep 10, 2019

Like banks, title companies often won't accept a copy; however, you have the right to use a different title company. You might consider recording the POA in the appropriate county deed records (if they'll accept the copy).

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1 Answer | Asked in Real Estate Law for Texas on

Q: What recourse do I have in Texas... I purchased 2 acres from my father and find out he also sold it to someone else.

I put $7k towards the property out of a total of $18k. I was waiting for the remaining funds to come in and he was aware and was fine with it until his truck broke down and he decided he was buying a cabin in Arkansas. So he hounded me to pay another $7k in a couple of weeks which I was trying... Read more »

Tammy Lyn Wincott answered on Sep 9, 2019

It depends on if there was a valid contract for sale and if either sale closed and was recorded in the deed records of the correct county.

1 Answer | Asked in Real Estate Law for Texas on

Q: my wife owns the house soley on deed and mortage and i have not comingled . Seperate checking plus seperat file taxes.

she wants to sell me too but i have irs issues with lien i dont want to sign anything i can but i dont want the irs to take from her what do we do

Tammy Lyn Wincott answered on Sep 9, 2019

Your question is not clear. I suggest you speak with a tax attorney familiar with community and separate property in Texas.

1 Answer | Asked in Real Estate Law for Texas on

Q: can I sue the appraisal district for lying to me in order to cause me to pay higher property taxes

Tammy Lyn Wincott answered on Sep 9, 2019

Your question needs a lot more details before anyone can answer it. I suggest a private consultation with an attorney.

1 Answer | Asked in Real Estate Law for Texas on

Q: I lost the original POA for my mom. I have 2 paper copies and a color PDF version. Need for house sale.

Texas resident

Tammy Lyn Wincott answered on Sep 9, 2019

Please state your question. Copies of a POA are accepted by many; however, not all places will except a copy.

2 Answers | Asked in Bankruptcy for Texas on

Q: Seeking affordable Ch7 filing here in in Collin Co. Several attys quoted me $2500. Why so expensive in TX?

Last filed in '02 in SF for $800. An old neighbor back there filed last year for $1200. These were standard, common rates. Why is it 2X the amt. here in TX? I thought the rates would be the same, since this is a Fed matter.

I realize I have up to 2yrs to file, once I've notified... Read more »

Tammy Lyn Wincott answered on Sep 9, 2019

Continue looking just remember you want a qualified attorney to file as mistakes may end up costing you more than the $2500. Inquire about payment plans as well.

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2 Answers | Asked in Estate Planning for Texas on

Q: CAN AN EXECUTOR OF AN ESTATE ASK FOR COMPENSATION FOR A NECESSARY TRAVEL EXPENSE?

I HAVE BEEN NAMED EXECUTOR OF AN ESTATE. I WAS REQUIRED TO TRAVEL OUT OF STATE FOR AN ARBITRATION MEETING TO TRY TO SETTLE THE PROBATE OF THE ESTATE. CAN I BE COMPENSATED BY THE FIDUCIARY ATTORNEY OVER THE ESTATE FOR THIS TRAVEL EXPENSE ?

Tammy Lyn Wincott answered on Sep 9, 2019

In Texas you have a right to reimbursement for travel if acting in official duties of executor.

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2 Answers | Asked in Bankruptcy for Texas on

Q: If I file bankruptcy, can I keep my horses, my car, and my rent to own building?

Both my car payments and building payments are able to be kept up to date and while I do own horses, I am not the one that pays for them. My mom pays for their care, so they don't fall under my husband and I's financial responsibility

Tammy Lyn Wincott answered on Aug 30, 2019

Please sit down with a bankruptcy attorney (not paralegal) to discuss all aspects of your case. Texas allows many exemptions; however, it will depend upon personal circumstances. Most bankruptcy attorneys have a free consultation.

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3 Answers | Asked in Probate for Texas on

Q: My dad left a will mu brothers wont tell me what on there

Tammy Lyn Wincott answered on Aug 28, 2019

If the will has been filed for probate you can obtain a copy of it. If you know for certain there is a will and it hasn't been filed you can file a "show cause" action in probate court. I suggest speaking with a probate attorney to find out your options.

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