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Questions Answered by Tammy L. Wincott
3 Answers | Asked in Bankruptcy for Texas on
Q: Can I still keep my vehicle if I'm making the payment even if I don't choose to reaffirm the debt?
Tammy L. Wincott
Tammy L. Wincott
answered on Jan 14, 2020

Yes, the creditor will usually not bother you as long as they are getting their money just be sure to keep it insured and payments made on time.

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2 Answers | Asked in Divorce for Texas on
Q: My husband is a business owner. I’m a stay at home mom since 2015. In Texas how does alimony work? And child custody?

Husband is a business owner. Made a profit of over 11 million and still growing. I’ve been a stay at home mom since 2015. Can I fight for alimony and custody of children? He would end up giving the kids to his mother to raise. He lives eats and breaths his job. Kids barely see him or me.

Tammy L. Wincott
Tammy L. Wincott
answered on Jan 13, 2020

It's best if you consult privately with a divorce lawyer on this. Generally you have to have been married for 10 years to receive spousal maintenance in Texas. Child custody is based on the best interests of the children.

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1 Answer | Asked in Child Support for Texas on
Q: If a man in Texas fathers 10 or more children will he still be responsible for paying child support?

He is married to none of the mother's and only pays child support to one mother.

Tammy L. Wincott
Tammy L. Wincott
answered on Jan 13, 2020

It doesn't matter how many children a person has they still must pay child support. They just may need to get more than one job.

1 Answer | Asked in Family Law for Texas on
Q: I am a 15 year old in Texas and I would like to run away from my home. Is it legal for me to stay at a friends house ?

My parents have abused me emotionally for years and it was to the point where I tried to commit suicide and run away. I would like to runaway again but I don't want to if that means I could get fined or my friends put to jail. Is there a way for me to just leave my parents? I want to live in a... View More

Tammy L. Wincott
Tammy L. Wincott
answered on Jan 13, 2020

Anyone who harbors a runaway can get in trouble. There are places you can go or people to contact if you feel you are in danger. Perhaps there is someone at the school such as a counselor you can turn to to share your thoughts with.

1 Answer | Asked in Wrongful Death for Texas on
Q: In Texas when the police are notified of a deceased person, whose responsibility is it to notify the next of kin?
Tammy L. Wincott
Tammy L. Wincott
answered on Jan 13, 2020

I'm confused on your question because I don't understand how the police were notified of the deceased person. If the police discover a deceased person then they will usually work to notify the next of kin.

1 Answer | Asked in Family Law and Civil Rights for Texas on
Q: Can my sons step mom get into trouble for putting her name on my sons obituary and death certificate?
Tammy L. Wincott
Tammy L. Wincott
answered on Jan 13, 2020

It may be too late to change the obituary; however, if you feel the death certificate was done in error then you may seek to have it amended. Contact the department of vital statistics to find out what the proper procedure is.

1 Answer | Asked in Animal / Dog Law for Texas on
Q: A lady in town went to jail and her dog went to the pound. She knew where the dog was and no one claimed it.

I adopted it. Now a year later she wants the dog back. This is in Texas. She said her lawyer is going to sue to get the dog back. Because the charges against her are being dismissed.

Tammy L. Wincott
Tammy L. Wincott
answered on Jan 13, 2020

After so many days at the pound, the dog is considered surrendered. Even if adopted out an owner has a right to re-claim the proeprty but it must be done so within a certain time frame, this is typically 30 days. I do not think a year is reasonable; however, I do not know all the particular... View More

1 Answer | Asked in Election Law for Texas on
Q: Can an HOA Board inform of opening seats establishing the years of service for each to maintain the staggered terms?

HOA Elections are coming. 3 seats will be available. Because 1 person is stepping down, some recommend new person elected should just work to complete the term. Does new members' right to a 3-year service prevail or should staggered terms be prioritized?

Tammy L. Wincott
Tammy L. Wincott
answered on Jan 13, 2020

The by-laws typically control how board members serve so they would control. Usually if a member resigns mid-term then the person replacing them would only serve out the remainder of that term. Staggered terms are in the best interest of the HOA.

2 Answers | Asked in Estate Planning and Probate for Texas on
Q: What type of lawyer do I need if the executor of my mother's estate is not cooperating with me and we are being sued?

Mother was in a nursing home on Medicaid and was supposed to have her estate released to D.A.D.S upon her death. It has been 3 1/2 years and they never took properties to my knowledge. My sister is the executor and does not want to let me know what is going on. We are now being sued by the... View More

Tammy L. Wincott
Tammy L. Wincott
answered on Jan 13, 2020

Medicaid has an automatic lien on the property and they don't necessarily "take" it, although property sold is subject to this lien. Further an application filed for probate should state whether or not an estate is subject to a medicaid lien.

I suggest contacting a probate...
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1 Answer | Asked in Elder Law for Texas on
Q: Do I have to show my sister's bank statements to her children? I am her guardian.

My niece is insisting I show her all my sister's financial records. She wants to know how I'm spending her mother's money.

Tammy L. Wincott
Tammy L. Wincott
answered on Jan 13, 2020

No, you are not obligated to show these statements to her children.

1 Answer | Asked in Real Estate Law for Texas on
Q: Tenants refuse to leave. Haven’t paid for the past 4 months. They claim it’s due to a language barrier.

Any advice would be helpful. Thank you.

Tammy L. Wincott
Tammy L. Wincott
answered on Jan 13, 2020

It's a universal language that if you live somewhere you generally pay for it; evict them.

2 Answers | Asked in Family Law and Child Support for Texas on
Q: Hello

Hello, me and my husband have been married 15 years with 4 children, about a month ago a woman showed up to my home stating she had a child with my husband and the child is 16, my husband claimed he wasn’t quite sure if that was ever his child because the mother had a history of different men her... View More

Tammy L. Wincott
Tammy L. Wincott
answered on Jan 13, 2020

Your husband can take proper legal steps to find out if the child is his or not. If it is his then he will have a duty to support the child; however, the fact that he has other children to support will be taken into consideration.

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2 Answers | Asked in Tax Law for Texas on
Q: If the IRS discovers that my deceased father owed taxes, can they seize assets that were already distributed to heirs?
Tammy L. Wincott
Tammy L. Wincott
answered on Jan 13, 2020

IRS is Federal law and it supercedes the Texas State law. If you are aware there is a possibility the property may be seized, you should not do anything to try and hide the assets.

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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Texas on
Q: Can I stop my neighbor from subdividing his land?

I own several acres of land. The neighbor behind me has 40. He uses an easment on my property to get to his land. He wants to subdivide his land. That would make the traffic on my land much busier and from what I understand I am responsible for maintaining the easement. Is there anything I can do... View More

Tammy L. Wincott
Tammy L. Wincott
answered on Jan 9, 2020

Start by checking what type of easement he has and whether it gives him the right to subdivide his land and keep the same easement. I'm surprised he's not responsible to maintain the easement. You may want to take the deed regarding the easement to an attorney to review.

1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: My parents have both passed , they left 3 burial plots in Houston Texas but they had no will can we sell these

How would we go about selling them and what proof would we need to do so I have original receipt where they purchased them

Tammy L. Wincott
Tammy L. Wincott
answered on Jan 9, 2020

Contact the cemetery, they may have forms you can use such as affidavit of sale, etc. Otherwise, you may have to go through proceeding to show you are the rightful heirs.

5 Answers | Asked in Car Accidents for Kentucky on
Q: My wife was in an auto accident the person at fault provided police with false documentation and was uninsured

Insurance agencies said there was nothing they could do what do we do now

Tammy L. Wincott
Tammy L. Wincott
answered on Jan 8, 2020

You might be able to make a claim with your own insurance company and hire a personal injury attorney to assist you.

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1 Answer | Asked in Cannabis & Marijuana Law for Texas on
Q: How much will it cost to get a nondisclosure agreement?

Hi, I have a marijuana charge (class B misdemeanor) from over 2 years ago. I completed deffered adjutification and all requirements of the court in 2018. The lawyer that defended me said they charge $2,500 for a Nondisclosure agreement. Is this standard? Or would another lawyer possibly charge... View More

Tammy L. Wincott
Tammy L. Wincott
answered on Jan 8, 2020

Call around and get quotes from other attorneys.

1 Answer | Asked in Child Support for Texas on
Q: failure to pay child support and visitation

My child’s father is 6 months behind on payments. He does not update his job info when he gets another job. He has two other children he had after ours was born. He had not seen her in more than 6 months. Will that affect my payments and will his visitation rights be taken away? On the court... View More

Tammy L. Wincott
Tammy L. Wincott
answered on Jan 8, 2020

The payments will be effected if he files a motion to modify based on his additional children. The visitation will not be effected by his lack of payments; however, he may loose rights through abandonment if he continues to lack contact.

1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: My sister's husband gave her a week to move out of their house . Who has custody of their baby?

He owns the house and said that he is going to keep the 9 month old baby. Without a custody hearing can he legally prevent her from seeing the baby, and can she take the baby with her when she moves into my place?

Tammy L. Wincott
Tammy L. Wincott
answered on Jan 8, 2020

Someone needs to get immediate legal temporary custody of the child without it both parents technically have rights to the child; however, the Courts will usually lean towards the mother of a baby especially if breast feeding or similar.

1 Answer | Asked in Probate, Estate Planning and Landlord - Tenant for Texas on
Q: I live in my grandparents house can my mom kick me out.

The house was left to my aunt, never probated the will. Can my mom kick me out

Tammy L. Wincott
Tammy L. Wincott
answered on Jan 8, 2020

The will needs to be probated otherwise it's not valid. Until then the house passes according to Texas laws of intestate.

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