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Questions Answered by Tammy Lyn Wincott
1 Answer | Asked in Immigration Law for New York on
Q: means tested public benefits in NY

Hello,

I am sponsoring an immigrant in NY and I saw the following for the affidavit of support " If an immigrant you sponsored receives any means-tested public benefits, you are responsible for repaying the cost of those benefits to the agency that provided them". Are there any means tested... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 14, 2019

I would suggest you do not accept any public benefits if you are sponsoring or applying for any type of immigrant visa.

1 Answer | Asked in Immigration Law for Texas on
Q: If I sponsor my fiancé for his green card but have a co sponsor, how would I go about obtaining pre natal Medicaid?

I am currently unemployed. My mother is co sponsoring my fiancé in his process for his green card. I’m interested in obtaining pre natal Medicaid but I’m unsure about how to go about the process since he legally can’t work right now?

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 14, 2019

You need to be very careful about obtaining any government assistance if you are not a citizen and especially if your fiancee is the father of your child and responsible for the child's medical bills.

2 Answers | Asked in Bankruptcy, Divorce and Collections for Texas on
Q: Can an X-Spouse discharge a debt in Ch. 7 if the Divorce Decree states a specific debt can not be discharged in Bkrptcy?

URGENT: I’m in divorce final mediation... The respondent has made an offer to settle equity in property & has agreed to not include a specific debt in a Ch. 7 bankruptcy that he plans to file. Is it bankruptcy fraud if he agreed in final divorce decree to not discharge one specific debt listed... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 14, 2019

This is a mixture of State and Federal law. Bankruptcy law states you must list all debt in your name and a creditor doesn't care who it got assigned to in a divorce decree; all they care about is who took out the obligation to pay the debt in the first place - that is who they will seek to hold... Read more »

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1 Answer | Asked in Collections for Virginia on
Q: What does it mean to have an account charged off? If this happens on an account does it mean you continue to pay?
Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 14, 2019

When a creditor charges an account off, it does not mean the debt goes away. A creditor will typically turn it over to a collections agency and they will begin pursuing payments from you. The important thing to remember is just because an account is charged off does not mean the debt goes away.... Read more »

1 Answer | Asked in Animal / Dog Law for Missouri on
Q: My question is about abandonment of a dog in my care how long before I can take ownership

I have had this dog since the 5th of this month with no response from the owner since about the tenth

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 14, 2019

You would be wise to review the property laws in your state and/or to visit with an attorney. Do not risk being charged with theft of property for failure to turn it back over to the original owner.

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: is it legal to display a old out of state plate on your vehicle, in addition to your current plates?

I have a 1968 international pickup I bought from Texas. I found a 1968 Texas plate I was going to use to cover a hole in the bottom rear corner of the bed is it legal to display a old out of state plate on a vehicle? Even when you display current plates

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 14, 2019

You cannot display an old license plate on your vehicle even if using it to patch holes. You might want to turn it around so it doesn't appear confusing to anyone.

2 Answers | Asked in Probate for Arizona on
Q: Can I press charges against my brother for signing a small estate affidavit and taking my fathers entire estate ?

Father died without a will. Brother signed affidavit saying hes the only child-I tried to open probate but judge denied me to be administrator because I have to work out of state all the time. He said I could refile but if I cant be admin. whats the point. Does this mean my brother gets away with... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 14, 2019

I would like to add that you should not waste any time in this as every day that goes by may make the situation even worse.

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Texas on
Q: My father passed away and I live in his house, how do I transfer ownership in my name so I can sell?

My father passed away and I live in his house, my brother doesn't want anything out if it and said he will sign whatever needs to be signed, I had another brother who passed away, he had 4 kids they will all sign as well, what paperwork do I need to file? We do not want to go to probate, would an... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 14, 2019

An affidavit of heirship may be an appropriate remedy as well as a disclaimer of inheritance. It would depend on the actual facts of the situation. I suggest speaking privately with a probate attorney and a title company.

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1 Answer | Asked in Consumer Law for New York on
Q: I need help fighting a bill in collections that i never should have had in the first place

In 2012 i attended UCCC and when i bought my books from the bookstore on campus the attendant rented one of the books instead of putting it through for purchase, i was never informed of this and now they are withholding my transcripts until i pay for the book. I agreed to do this but the 12.12 i... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 7, 2019

You need to dispute the debt and contact a debt collections attorney in your area for a consultation asap. If they are wrongly trying to collect on this debt and unjustly holding your transcripts you may have incurred damages entitling you to a recovery. Each State has it's own Debt Collection... Read more »

4 Answers | Asked in Estate Planning for Oregon on
Q: Do an unmarried couple need individual revocable living trusts?

We are an unmarried couple and are on the deed of trust "not as tenants by the entirety, but with the rights of suvivorship. The titles to the vehicles have each of our names on them. We each have bank(savings & Checking) accounts with designated beneficiaries up on death. We each have variable... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 7, 2019

I'm not licensed in Oregon; however, I certainly agree with Attorney Whitehurst, as I never recommend joint trusts for unmarried couples regardless of how long you may have lived together.

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1 Answer | Asked in Real Estate Law for Texas on
Q: If I sue a home seller does it need to involve my realtor?!?

The seller missed the closing date bcaz he has a lien on his title which one we found at the very end from the title company and title company said this home can not be sold.we left our apartment for this home and now we are living in a hotel and put our staff in a storage which one is very... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 7, 2019

You should contact a real estate lawyer who can review your contract for sale in detail and advise you from there. Much will depend on what your contract states. Typically, the Realtor has absolutely no control over whether or not there is a lien on the property.

1 Answer | Asked in Real Estate Law for Texas on
Q: If my father left a will for his property do I still have to sign a hair ship to sell it
Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 7, 2019

No, generally not; however, the will needs to be probated through the Court system. A will is not valid until the Court approves it.

1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on
Q: How does the appeal for disability work am new at appealing I always just give up but am told am able to get disability

I have cognitive emotional disability and I have other things that stop me from working torn shoulder tendinitis in the knee arthritis bad ankle that never healed it’s hard for me to function

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 7, 2019

If you have been denied disability compensation, it may be time to get a lawyer involved.

1 Answer | Asked in Real Estate Law for Delaware on
Q: Is a lawyer required for refinancing a mortgage?
Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 7, 2019

In Texas a lawyer is not required to refinance.

2 Answers | Asked in Estate Planning and Real Estate Law for Texas on
Q: My dad passed in Texas a month ago. No will. Both of my brothers are incarcerated. I'm in Montana. What can I do?

I have death certificate too. One wants probate the other, heirship. Sister in law is power of attorney over one brother. What rights does she have as his power of attorney?

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 7, 2019

I would suggest speaking with a probate attorney in the area where your dad passed away as that will likely be the Court with jurisdiction should a probate be necessary. Even though you live out of state you may still be an administrator of an estate, you just need to assign a resident agent for... Read more »

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4 Answers | Asked in Probate for Texas on
Q: Can I legally forfeit my rights or claims to my father's estate?

Father passed away without a will. We have been estranged for 10 plus years. I have three other siblings.

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 4, 2019

Yes, as the others said, you may file a disclaimer. How and who it is served upon varies depending on the stage of the probate of the estate.

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1 Answer | Asked in Animal / Dog Law for North Dakota on
Q: Is it illegal to bury your dead dog in your own backyard? I live in city limits.
Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 1, 2019

You should check the city code where you live. If you cannot find the answer online then contact them by telephone.

2 Answers | Asked in Uncategorized for California on
Q: Whats the best advice you would give to a high school student wanting to proceed into the field of law? (C.O or Lawyer)

I am contemplating between going to law school and become a lawyer or being a Correctional Officer.

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 1, 2019

Those are very different fields. I suggest you speak with your career counselor. If you do not have one, reach out to local lawyers or the local lawyer bar association to see if they have mentor programs for highschool students. You can do the same for the field of correctional officer.... Read more »

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2 Answers | Asked in Family Law and Child Custody for Arkansas on
Q: What do you do if my boyfriend, who I have never married, keeps threatening to take my children?

He constantly threatens me with saying he will take the two children and claims to have money for a lawyer when I mentioned taking him to court.

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 1, 2019

After constantly threatening you, if you still want him to be your boyfriend, perhaps you should consider a formal custody and child support arrangement done in the court system. You might also consider professional counseling that will help you and your children learn how to cope in situations... Read more »

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4 Answers | Asked in Bankruptcy for Kentucky on
Q: My husband and ex wife had a vehicle together. And they failed to make the payments. Can my husband file bankruptcy?
Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 1, 2019

Most likely yes; however, do not attempt to do so without having a lawyer review everythign first. The information you receive on a public forum is general information and not meanto to substitute for a private consultation that reviews specific facts.

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