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3 Answers | Asked in Estate Planning, Probate and Real Estate Law for Texas on
Q: If my grandmother decides to give her house to me, what do I need to do to go about this?
Rick  Davis
Rick Davis
answered on Sep 16, 2020

I agree with what Ms. Garrett said, but would add, "Be thankful!"

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2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: Is it a crime for a person I'm on a phone conversation with, to record the conversation without my consent & knowledge?
Rick  Davis
Rick Davis
answered on Sep 14, 2020

Generally speaking, no, a person can record his own phone calls with someone else.

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1 Answer | Asked in Criminal Law for Texas on
Q: Is it okay for me to visit a friend of mine who is out on bond for murder (self defense) when I’m considered a witness?

I didn’t see what happened I just was there to be clear.

Rick  Davis
Rick Davis
answered on Sep 14, 2020

Unless you or he is under a Court order not to communicate, it is not unlawful for you to visit. If you talk about the case, however, and you are asked about the conversation under oath later, you will have to answer truthfully.

2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: When is the best time to voice your rights if being arrested? Do you have the right to an immediate arraignment & when?

No knock warrant took 4 people to jail cps took child for a year. They confiscated .1g yes 1/10 of a gram in an old baggie behind the shelf under a lamp. Poss of controlled sub <1g X4 15months ago

Rick  Davis
Rick Davis
answered on Sep 12, 2020

It is usually best to exercise your right to remain silent until you have a lawyer.

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2 Answers | Asked in Child Custody, Divorce and Family Law for Texas on
Q: Do I need a lawyer if I filed for modification of custody/ divorce decree? I haven’t heard from the court about a court.

I filed for modification of custody. My ex husband drove drunk to police station with our child, assaulted me, and evaded arrest. Before that, he was sending me threatening and harassing text messages constantly. He also refuses to refinance the car that he was awarded in the divorce so its... View More

Rick  Davis
Rick Davis
answered on Sep 12, 2020

It would be difficult for your to represent yourself under the facts that you described. The law in this area can be very technical.

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1 Answer | Asked in Child Support and Family Law for Texas on
Q: Is it my obligation as the non-custodial parent to report a change of income to the OAG?

I recently got a new job that pays substantially more. Is it my responsibility to have the child support amount increased?

I know a review to modify can be requested by the custodial parent whenever she wishes. I'm asking if I'm required to self-report that I make more money... View More

Rick  Davis
Rick Davis
answered on Sep 11, 2020

The Texas Family Code does not require you to self report an increase in income.

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: I'm needing to get help in trying to get custody back of my oldest son. His biological father is currently the CP.

I'm being denied my visitation with him and have been informed that instead of him being with his father, his is with the fathers ex girlfriend and she is living outside of Tom Green County. Thanks,

Rick  Davis
Rick Davis
answered on Sep 9, 2020

You would likely need to consult with a lawyer in the county where the Court is that rendered the last custody Order.

2 Answers | Asked in Real Estate Law for Texas on
Q: what type of Lawyer do I need if I want to file a partition suit on common-law community properties.

Lived together from 1967 to 1976 as Mr. and Mrs. Albert B. Prado. He fathered 3 children with me and have Birth certificates with his name as father. we bought two properties during that time and they are listed under both our names. He is ill, and he has sent me a certified letter with quick... View More

Rick  Davis
Rick Davis
answered on Sep 9, 2020

You would be best served by hiring an experienced real estate attorney.

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2 Answers | Asked in Estate Planning and Probate for Texas on
Q: How to deal with rich stepmother when father died intestate in the state of Texas.

My Father never signed prenuptial agreement with my stepmother. They lived in a triple wide trailer on my grandfathers land with tractors and other large equipment. She completely abandoned everything and moved to Dallas. My Grandfather is my POA because I live in another state. He has brought to... View More

Rick  Davis
Rick Davis
answered on Sep 9, 2020

If you are one of the people who would benefit from the payment, it may be in your own best interest to hire a lawyer to enforce your rights as a beneficiary.

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3 Answers | Asked in Child Custody, Child Support and Family Law for Texas on
Q: Can I get custody changed if child claims they were hit by other parent? And another person living in home?
Rick  Davis
Rick Davis
answered on Sep 9, 2020

In order to prevail on a Motion to Modify custody, you have to prove two things: 1) A substantial and material change of circumstances on the part of the mother, the father, the child or some combination of the three, and 2) that the requested modification is in the best interests of a child. I... View More

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1 Answer | Asked in Criminal Law for Texas on
Q: Can l file a motion for my parole sentence to run concurrent with the sentence l am already serving?
Rick  Davis
Rick Davis
answered on Sep 9, 2020

You might try and file one, but whether a sentence runs concurrently with another or consecutively is usually up to the sentencing Judge.

3 Answers | Asked in Personal Injury for Texas on
Q: Do Texas drivers involved in a wreck out of state have to use Laywers from that state?

I was involved in an auto accident in Oklahoma in July. Was rear ended on Interestate after having to stop at over 40 MPH on I 35 by a truck towing another truck. Car was totaled. My insurance company setteled with my car damages but the company of the car that hit me is only claiming half... View More

Rick  Davis
Rick Davis
answered on Sep 9, 2020

If you want to hire a lawyer for a wreck in another state and that lawyer will have to make court appearances, that lawyer will have to be licensed to practice in that other state.

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2 Answers | Asked in Criminal Law and Civil Litigation for Texas on
Q: Non-Disclosure Motion for civil temporary protective order request.

Hi - I am trying to remove/hide/seal from public record - a civil temporary protective order request that was denied/dismissed at the hearing in Denton County. I have read about the motion for non-disclosure - but everything I read is specific to criminal cases - not civil. I am wanting to file... View More

Rick  Davis
Rick Davis
answered on Sep 8, 2020

The Texas statute authorizing a Petition for Non-Disclosure applied to certain criminal cases where Deferred Adjudication probation was successfully completed. It does not apply to civil cases.

In theory, you could file a Motion to Seal Court Records under Texas Rule of Civil Procedure 76a.

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1 Answer | Asked in Estate Planning and Probate for Texas on
Q: Can a vehicle be put in the name of someone that is incarcerated?

Father passed away and left his son his property. Son is incarcerated and will be for some time. Son inherited a vehicle. Can the vehicle be put in the son's name?

Rick  Davis
Rick Davis
answered on Sep 8, 2020

Yes.

1 Answer | Asked in Family Law for Texas on
Q: I live in tarrant county if we don’t have any orders yet is the morality clause automatic?

My husband has had his girlfriend spend every weekend he has my kids we don’t have orders yet so he says there’s nothing I can do

Rick  Davis
Rick Davis
answered on Sep 8, 2020

If a lawsuit has been filed and Tarrant County has a Standing Order that applies to all pending family law cases, then the answer to your question can be found in the Standing Order. If no lawsuit has been filed, the answer to your question is likely no.

1 Answer | Asked in Family Law and Social Security for Missouri on
Q: I was born sick in a hotel room we moved in to the home when I was 2 days old and 2 days later I went to The hospital

So I don’t have a birth certificate and want to get a birth certificate from Kansas City Missouri Jackson county but I can’t afford it

Rick  Davis
Rick Davis
answered on Sep 8, 2020

You posted your question on a site that features Texas lawyers. You need to contact an attorney in Missouri.

2 Answers | Asked in Criminal Law for Texas on
Q: I was on probation in Georgia in 2007. Have not reported since

Was allowed to move to Texas after 2 weeks of being in Texas and my second day of my new job the probation officer called me saying I needed to be in his office the next day (756 miles away) I told him I could not afford the drive and it would reflect bad on me to ask off my second day at work he... View More

Rick  Davis
Rick Davis
answered on Sep 8, 2020

Furthermore, it is possible that Georgia may issue a warrant for your arrest and seek to have you extradited from Texas to Georgia.

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1 Answer | Asked in Family Law for Texas on
Q: S someone is on child support in the state of Texas can they put someone else on child support at the same time
Rick  Davis
Rick Davis
answered on Sep 5, 2020

This question is unclear. Are you asking if a second person can be required to pay child support for the same child?

1 Answer | Asked in Family Law and Real Estate Law for Texas on
Q: Im going to be receiving my dads pension check soon ..do I need to sign it an my lawyer too or what's my next step ?
Rick  Davis
Rick Davis
answered on Sep 3, 2020

If you have a lawyer, you need to ask her or him.

1 Answer | Asked in Criminal Law for Texas on
Q: What does c.cr.p.art mean? What does it mean?
Rick  Davis
Rick Davis
answered on Sep 3, 2020

It could mean an erroneous abbreviation of an article in the Texas Code of Criminal Procedure. For example, Rules for Setting Bail is set forth in the Texas Code of Criminal Procedure, Article 17.15. It might be abbreviated as C.C.P., Art. 17.15

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