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Questions Answered by Tammy L. Wincott
1 Answer | Asked in Child Support for Texas on
Q: How soon can my kids dad take me back to court for child support?

My ex and i went to court back in march 2019, i lived in indiana he lived in texas, he has the kids, he agreed to no child support with the court, since i had travel expenses on their visits, well now i moved back to texas, got a job, im renting a house so i can be closer to my kids, but now he... View More

Tammy L. Wincott
Tammy L. Wincott
answered on Dec 6, 2019

Any time there is a "substantial" change in circumstances child support can be changed. A move and change in jobs, etc. would qualify.

1 Answer | Asked in Consumer Law for Texas on
Q: I am cosigner on a student loan that my daughter defaulted on. Does your firm represent lawsuits of this manner?

My daughter went to UTSA for four years but did not graduate. She defaulted on the loan. The principal sum is 56K with interest and late charges added on to that. I have more information in PDF form if needed.

Tammy L. Wincott
Tammy L. Wincott
answered on Dec 6, 2019

I'm not clear on what the reason is you're seeking representation. Both co-signors are responsible for the loan.

2 Answers | Asked in Bankruptcy for Texas on
Q: Can i get someone to help me, I need to file bankruptcy, like now, no one will answer me, i have been trying

I am a senior on SS, the mortgage raised my payments, and I can't pay them, i am in danger of losing my home, I have been trying for weeks to get someone to help me

Tammy L. Wincott
Tammy L. Wincott
answered on Dec 6, 2019

If the mortgage raised your payments due to your taxes being escrowed make sure your taxing authority knows you're a senior so that your tax bracket is frozen and won't increase each year. You might file a chapter 7 bankruptcy to get rid of unsecured debt like credit cards and medical... View More

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2 Answers | Asked in Estate Planning for Texas on
Q: Can you inflate the value of an estate

Do you have to have a basis for valuation?

Executrix is the daughter of the decedent, however they have been estranged for years. She is claiming an 800,000.00 estate. How can she claim a number out of thin air? The real story is her husband attorney changed the Will to the benefit of... View More

Tammy L. Wincott
Tammy L. Wincott
answered on Dec 6, 2019

This was already answered in the probate section.

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2 Answers | Asked in Probate for Texas on
Q: Is it legal to claim an over inflated value of an estate on the application to Probate?

Probate was filed with a valuation of 800,000.00 then claims value in open court of 1.2 million and inventory filed with 0.00 didn't include other money given for final expenses and then kept the money and never paid funeral home. Hasn't opened estate account deposited refunds payable to... View More

Tammy L. Wincott
Tammy L. Wincott
answered on Dec 6, 2019

Speak with a probate lawyer that does contested cases as soon as possible.

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2 Answers | Asked in Divorce for Texas on
Q: My wife and I are getting a divorce and cannot afford it with the filing fees. Can you tell me what my options are?

She will be moving in with her mother and I into an apartment.

Tammy L. Wincott
Tammy L. Wincott
answered on Dec 6, 2019

There are ways to file and request a waiver of the filing fee. You should contact a legal aid program or the State Bar. Depending on where you are located there may be other agencies that can help you for little or no cost.

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2 Answers | Asked in Estate Planning and Probate for Texas on
Q: I have a client who's husband just died and I wanted to know how can she set the warranty deed under her name.

She wants to take out her husband's name out and only have it under her name.

Tammy L. Wincott
Tammy L. Wincott
answered on Dec 6, 2019

She needs to address this issue through probate or filing an affidavit of heirship in the deed records. There are other things to consider, i.e. whether there were any children of his from outside the marriage, etc. She should consult with a probate attorney and typically most attorneys offer a... View More

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1 Answer | Asked in Civil Litigation for Texas on
Q: If I offer the TSA airport guys $50 before they get started, can I sue them for being prostitutes?
Tammy L. Wincott
Tammy L. Wincott
answered on Dec 4, 2019

Your question doesn't make sense; however, I suggest you don't try to bribe anyone regardless of the situation.

1 Answer | Asked in Child Support for Texas on
Q: Is there any way that you can speed up a child support order cause the father want do anything? The child is four months

The father of my child is already on child support for four other kids but they have not served him with the documents on our child.

Tammy L. Wincott
Tammy L. Wincott
answered on Dec 4, 2019

If you are wholly counting on the State for your case it will take time as they handle thousands of cases. One way to make a case go faster is to hire a lawyer.

3 Answers | Asked in Family Law, Appeals / Appellate Law, Child Custody and Child Support for Texas on
Q: What is made wholly default? What kind of cases can one make ahold default?
Tammy L. Wincott
Tammy L. Wincott
answered on Dec 4, 2019

It means a person took no action in the case or failed to show up for a final hearing. If this is your case review it with a lawyer asap.

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1 Answer | Asked in Civil Rights, Consumer Law, Estate Planning and Real Estate Law for Texas on
Q: My house sold in auction sept 3,2019. I have still been living here up to present date What are my rights

Received a letter from law firm stating if I was the prior deed holder, I had 3 days to vacate the premises. I guess I need guidance as to who what and where I’m supposed to go or do now Also would like to know about any known resources and rights I actually have concerning this I am trying... View More

Tammy L. Wincott
Tammy L. Wincott
answered on Dec 4, 2019

You need to search for resources in the area you live in as soon as possible. It is possible for the Sheriff to come evict you at any time. Try your local city government, city councilman, salvation army, area council of government, churches, veteran's groups, etc.

1 Answer | Asked in Banking and Contracts for Texas on
Q: In Texas, if I default on loan, a lender can recoup from my bank account? what if account is only in my wife’s name?
Tammy L. Wincott
Tammy L. Wincott
answered on Dec 4, 2019

It would depend on whether your wife has signed as a security interest on the loan as well and what exactly the loan is for. The lender may also have to first obtain a judgment. Another thing to consider is whether a credit union is involved. It's best to consult privately with a... View More

1 Answer | Asked in Divorce for Texas on
Q: I have no residence ANYWHERE. I'm a nomad. How do I divorce in Dallas?

We sold our home to travel extensively. Still registered to vote in Dallas County and our vehicle is registered in Dallas. I don't actually live in any particular place. I have been back to DFW for 8 days, at a hotel. Do I have to continue this for 82 days to file for divorce here? All my... View More

Tammy L. Wincott
Tammy L. Wincott
answered on Dec 4, 2019

If your spouse has a primary place of residence you may be able to file in their jurisdiction; otherwise, it seems as though Dallas County may be the place of jurisdiction for you.

3 Answers | Asked in Probate for Texas on
Q: Father passed over 1 yr. His sister is allegedly executor. A will has not been file to date, what are my options.

My father has property located in Angelina and Polk County Texas

Tammy L. Wincott
Tammy L. Wincott
answered on Dec 4, 2019

I agree with the other attorney. Your Aunt may not know that she actually has to go to probate with the will, many people believe that because they were listed in the will that they automatically have the authority to act once the person dies.

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2 Answers | Asked in Estate Planning for Texas on
Q: If I haver a small estate, under 100K, no debts, no fixed assets, can I make my own will and power of attorney ?

I have copied and edited a will/last testament, power of attorney and medical directive from online to fit my situation. I can file them with the county clerks office. Do I still need a probate attorney?

Tammy L. Wincott
Tammy L. Wincott
answered on Dec 4, 2019

I recommend having an estate attorney review the documents you have prepared.

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1 Answer | Asked in Probate for Texas on
Q: Is the language in my father's will adequate to guarantee "independent probate administration" from the probate court?

The language is as follows, and appears in Section V. Appointment of Executor. "...and I further direct that no action shall be had in any county court in relation to the settlement of my estate other than the probating and recording of my will and the return of an inventory, appraisement and... View More

Tammy L. Wincott
Tammy L. Wincott
answered on Dec 3, 2019

Generally in Texas the language is sufficient for an Independent Administration; however, ultimately whether an administration is independent or dependent is decided upon by the Judge who will take into consideration all of the circumstances.

2 Answers | Asked in Estate Planning and Probate for Texas on
Q: My mother left my half sister in charge of her money and my sister died and my mother still alive who gets money

Because my mom still alive and has 2 living children is it legal for my deceased sister to leave her husband in charge of my living mothers money

Tammy L. Wincott
Tammy L. Wincott
answered on Dec 4, 2019

If your mother still has the mental competency then she should have her documents reviewed. It's also possible that an alternate was named in the event your sister was unable to carry out her duties.

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2 Answers | Asked in Elder Law and Estate Planning for Texas on
Q: What can I do? I already have an Advance Directive? The APS says Dad has diminished capacity. What to do?

Dad got lost while out driving and wound in a strange place. He wound up I'm a hospital, then into a short term facility and then went to a long term place and we are paying the bill for it.

Tammy L. Wincott
Tammy L. Wincott
answered on Nov 29, 2019

Please call an elder law attorney or one who handles guardianship and speak with them privately as it seems someone may need to seek guardianship on your dad's behalf.

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2 Answers | Asked in Wrongful Death for Texas on
Q: A friends son was killed when a vehicle made a uturn right in front of him.

First report shows drugs in her system.Second report shows none. Case was dropped. How can father pursue this?Seems to be a coverup.

Tammy L. Wincott
Tammy L. Wincott
answered on Dec 4, 2019

Please tell your friend to consult with an attorney or a few of them as soon as possible especially if there is evidence tampering happening.

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1 Answer | Asked in Civil Rights for Texas on
Q: 19, live in Texas can I leave my home and move out without my parents consent, and go live with my boyfriend?

I’m leaving anything they bought me except my phone since my mom who lives in PR pays for it. but i’m planning on leaving a note saying what i’m doing and all that.

Tammy L. Wincott
Tammy L. Wincott
answered on Nov 27, 2019

At 19 you're considered an adult unless you are under the guardianship of your parents. It's hard to tell you what your legal rights are without knowing all the facts of the situation. Perhaps you should speak with a counselor or lawyer locally.

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