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Questions Answered by Tammy L. Wincott
1 Answer | Asked in Domestic Violence for California on
Q: hello can my friend get or for domestic violence?

he kicked his ex girlfriend who wouldnt leave his house and he is in jail

Tammy L. Wincott
Tammy L. Wincott
answered on Dec 20, 2019

Please clarify what your question is as I'm not understanding. Basically if your friend assaulted his girlfriend he can get jail time.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: does landlord have the right to put a lockbox for showing of the apartment when am giving him times and dates to show a

i told the realtor they are more then welcome to show the apartment Mon thru Friday with advance notice giving to me of course and i also said not weekends because i work everyday till 7 and will not like people going in and out the apt on my only days off . know they want to put a lock box which... View More

Tammy L. Wincott
Tammy L. Wincott
answered on Dec 20, 2019

Your lease will state whether or not they can place a lockbox. Try to stay amicable with the landlord, the good news is you are moving soon so you won't have to deal with it for very long.

2 Answers | Asked in Adoption for Kentucky on
Q: Me and my ex fiancée split but he still wants to adopt my daughter can he even though we are not together?
Tammy L. Wincott
Tammy L. Wincott
answered on Dec 19, 2019

A family law lawyer in your jurisdiction can best answer this question. Sometimes it has been done here; however, generally, the Courts want to see a stable situation for the child to be adopted into. Again, each fact situation is different and yours are best described in private. Some lawyers... View More

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1 Answer | Asked in Public Benefits for Texas on
Q: Section 8 voucher

I believe my housing voucher was wrongfully terminated when looking for a lawyer would that be considered landlord tenant

Tammy L. Wincott
Tammy L. Wincott
answered on Dec 19, 2019

Yes and there are specific real estate/landlord/tenant lawyers that practice in the area of housing assistance so you'll need to narrow your search some.

1 Answer | Asked in Consumer Law and Collections for Texas on
Q: Question about the confidentiality clause of a debt settlement agreement.

If I write 'full and final payment' on the memo line of a money order intended as a one-time lump sum payment to settle a debt and the confidentiality clause states 'both parties agree to keep the terms of the settlement agreement confidential', would doing so constitute a breach of the clause?

Tammy L. Wincott
Tammy L. Wincott
answered on Dec 19, 2019

No it would not breach the clause.

1 Answer | Asked in Child Support and Immigration Law for Texas on
Q: I am an illegal immigrant. The mother of my child has filed for child support. Will ice get involved?

My kids are 14 & 11. I am here in texas illegally.

Tammy L. Wincott
Tammy L. Wincott
answered on Dec 19, 2019

ICE doesn't always get involved in civil cases; however, sometimes they do. My best advice to you is to get a lawyer to help you with this and to try and work together with the children's mother as you definitely want to be supporting your children.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: I own a small business I got behind on my rent and I have been locked out what legal action can be taken against me?

I'm not in a lease. And I was planning on closing my business at the end of the year

Tammy L. Wincott
Tammy L. Wincott
answered on Dec 19, 2019

Speak to a Debtor's attorney, aka bankruptcy attorney and see what you options are. You might be able to file bankruptcy for the busines or there may be other options for you.

2 Answers | Asked in Domestic Violence for Texas on
Q: Can my husband still go to the hospital with me for the birth?

I’m eight months pregnant. My husband and I got into an altercation while he was intoxicated. Property was damaged. He left. I was having contractions and went to the hospital to get checked out. The nurse called the cops and I had to make a police report, but I did not press charges. A couple... View More

Tammy L. Wincott
Tammy L. Wincott
answered on Dec 19, 2019

In Texas you do not have to press charges. If the DA's office believes they have enough evidence to substantiate the charge then it is their duty to press charges. As long as there isn't a protective order stating he cannot come near you it should be fine; however, he should probably... View More

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1 Answer | Asked in Probate for Texas on
Q: My mom died of mesothemaloma she had no property or land. She had frural paid by her insurance AARP Ishe had no debit

No hessness it states in her well that the executor of the estate get one precent of her law suite and will had all ready went to probate can she take an extra 4 percent of the estate if will states she to get only one precenr

Tammy L. Wincott
Tammy L. Wincott
answered on Dec 19, 2019

I can't answer your question without knowing what the entire will states. It's best if you take a copy of the will to a proabte attorney and ask them that question in person.

1 Answer | Asked in Appeals / Appellate Law and Gov & Administrative Law on
Q: Murder appeal and how to go about it

He was falsly accused of something within he did not commit

Tammy L. Wincott
Tammy L. Wincott
answered on Dec 18, 2019

You need to be speaking privately with an attorney in your jurisdiction that handles this type of work.

1 Answer | Asked in Family Law, Estate Planning and Child Support for Minnesota on
Q: Can my husband keep my children from me if there is no custody or visitation through the courts
Tammy L. Wincott
Tammy L. Wincott
answered on Dec 18, 2019

Usually, until a court order is established either parent is entitled to possession of the child. Some states give the mother possession depending on the age of the child. Seek the advice of a family law attorney as soon as possible.

1 Answer | Asked in Divorce for California on
Q: Spouse just got job after 20yrs. If she does not contribute pay to household what is my recourse?

Nearing divorce and struggling financially as a family. Also, is she required to disclose to me what pay she makes?

Tammy L. Wincott
Tammy L. Wincott
answered on Dec 18, 2019

You can't force your spouse to contribute to the household or disclose her income although you will have to file income taxes eventually. Perhaps, you should seek marriage counseling.

1 Answer | Asked in Identity Theft and Social Security for Nevada on
Q: How can I tell if a family member stole my identity and is collecting my disability?
Tammy L. Wincott
Tammy L. Wincott
answered on Dec 18, 2019

Contact social security.

2 Answers | Asked in Probate for Florida on
Q: Does an attorney retain a copy of a will they have prepared? Can this be provided to "any" family member after death?

My Grandmother recently passed away. Upon my Grandfather's death she had a new will prepared, 2008. She had spent the past 11 years in a retirement home and developed cognitive issues. In 2016 her niece had a new will prepared at a time when her mental capacity was in question. This will has... View More

Tammy L. Wincott
Tammy L. Wincott
answered on Dec 18, 2019

Not all attorneys retain copies of the will. There is typically a court action that can be filed to reuire someone who has the will to produce it in court. You should visit with a probate attorney in the correct jurisdiction.

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1 Answer | Asked in Family Law, Civil Litigation and Landlord - Tenant for Texas on
Q: Significant others live together 6months call it quits one wants to evict the other immediately though both pay bills

Bills are currently paid for the month. What options do the parties have.

Tammy L. Wincott
Tammy L. Wincott
answered on Dec 18, 2019

If both are on the lease then neither can evict. If only one on the lease then they have to evict the correct way.

1 Answer | Asked in Small Claims for Texas on
Q: I helped an now ex with a money problem and as soon as they got the money they stopped communicating can I sue

She know I like her and wanted to be with her but as soon as she received the money she stopped talking to me but said her phone was broke and had no way not even Facebook but I made a fake account and she would reply to it can I sue her in small claims court to get my money

Tammy L. Wincott
Tammy L. Wincott
answered on Dec 18, 2019

You can attempt to sue to recover your money; however, it may be more troublen than it is worth. It might be better to cut your losses and move on.

3 Answers | Asked in Bankruptcy for Texas on
Q: Should I add a petitioning lawyer to my BK creditor list when being sued? I'm filing at the end of December.

This is the lawyer that represents one of the credit unions that I had a loan through.

Tammy L. Wincott
Tammy L. Wincott
answered on Dec 18, 2019

If they have a different address you can send notice to them; however, they are not the creditor.

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2 Answers | Asked in Divorce for Texas on
Q: I have been married to my husband for 16 years and wanting a divorce. Am i entitled to some of his retirement and 401K.
Tammy L. Wincott
Tammy L. Wincott
answered on Dec 18, 2019

Yes. Texas is a community property estate, meaning you are entitled to part of his earnings even if you didn't work. Please consult with a divorce lawyer for more information.

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3 Answers | Asked in Animal / Dog Law for Kentucky on
Q: Does my dog need water and food 24/7

Kentucky

Tammy L. Wincott
Tammy L. Wincott
answered on Dec 18, 2019

You cannot leave your dog for 24 hours at a time without access to food or water if that is your question. Otherwise you should review your local animal ordinances. Please restate your question so we better understand it.

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2 Answers | Asked in Civil Litigation for Texas on
Q: How long does a lawsuit take in district court?

Specifically, getting an answer on an IFP form...

Tammy L. Wincott
Tammy L. Wincott
answered on Dec 16, 2019

Lawsuits can take a longtime in District Court; however, each phase has specific timelines. You would do well to look at the Texas Rules of Civil Procedure.

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