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Questions Answered by John Michael Frick
1 Answer | Asked in Employment Law for Texas on
Q: I quit my job because my Rgm asked me to relabel expired products and she talks down to employees and yells at them in f
John Michael Frick
John Michael Frick
answered on Mar 24, 2023

You did the right thing quitting.

1 Answer | Asked in Tax Law for Iowa on
Q: Filed last yr. with long time tax attorney. He did not notice my 1099 was missing. IRS wants unpaid taxes from me. Does

he have any liability for this. Said he overlooked it and was sorry.

John Michael Frick
John Michael Frick
answered on Mar 24, 2023

Yes, he is potentially liable for any interest and/or penalties. However, it is likely the IRS will waive any penalties under the circumstances presented.

Of course, you are still liable for the unpaid taxes which you would have had to pay last year had your accountant not overlooked your 1099.

1 Answer | Asked in Sexual Harassment for Tennessee on
Q: What do you do if you have been sexually harassed at work by coworker
John Michael Frick
John Michael Frick
answered on Mar 24, 2023

You need to report it immediately to your manager / supervisor.

1 Answer | Asked in Estate Planning for Arizona on
Q: How to transfer our home title to our revocable living trust using a Quitclaim.

Should the GRANTEE on the Quitclaim form be the name of our trust?

John Michael Frick
John Michael Frick
answered on Mar 24, 2023

In order to avoid tax problems and the potential loss of federal bankruptcy exemptions as well as state law exemptions, you definitely need to consult the attorney who set up your revocable living trust.

This is not a do-it-yourself project. Just like you would never ever try to set up a...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: I need help on how to get my kids back when I go to court it gets pushed back and not it’s closed
John Michael Frick
John Michael Frick
answered on Mar 24, 2023

To get your kids back, you should hire a board-certified family lawyer in or near the county where the court is located.

If CPS is in any way involved in your case, you need to find out how much experience the lawyer has had with CPS cases in the recent past, as many family lawyers do not...
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1 Answer | Asked in Contracts for Washington on
Q: Can I sue for wrongful eviction and no trespass on a hotel.

Evicted and served a no trespass for smoking outside a motel. Front desk clerk stated she observed my spouse on camera smoking outside the motel.

Several ash trays filled with extinguished cigarettes. No smoking signs posted anywhere on the property. Other guests smoking outside their rooms... Read more »

John Michael Frick
John Michael Frick
answered on Mar 24, 2023

Probably not based on the facts stated in your question.

1 Answer | Asked in Divorce on
Q: Im going thru a divorce. I have an Inheritance. Hubby can't touch it. Can I buy a house w/o him owning it too?

I was informed that he cannot touch my Inheritance and that it belongs to me only.

I'm trying to find a place to live, I wanted to buy a house. I wanted to know if he'd be joint owner of my house and if I'd have to give him half of what my house was worth even though it was... Read more »

John Michael Frick
John Michael Frick
answered on Mar 24, 2023

Typically, any major transaction like this is prohibited without court approval during the pendency of a divorce. These prohibitions are typically embodied in a standing order or standard temporary injunction. It is likely, however, that a court would approve the purchase of a home with your... Read more »

2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: mY UNCLE TOOK OUT BANKRUPTCY AND MY NEPHEW NEEDS TO FIND OUT WHEN, HOW DOES HE GO ABOUT IT THAT DOESN'T COST HIM MONEY
John Michael Frick
John Michael Frick
answered on Mar 24, 2023

The best way to find out without it costing him any money is to ask your uncle.

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1 Answer | Asked in Legal Malpractice and Medical Malpractice for Utah on
Q: I had gotten the Pfizer vaccine and have been dealing with blood clots do I have any kind of case?

I've been going through this for over a year and a half now. Also swelling in my left calf muscle down to my toes off and on. Nowhere else.

John Michael Frick
John Michael Frick
answered on Mar 24, 2023

You can’t sue but you can submit a claim to the Countermeasures Injury Compensation Program through the U.S. Department of Health and Human Services.

Be aware that the Biden Administration has been criticized for denying most such claims.

To optimize your chance of success, be...
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1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: Do I have to introduce my child father to my current boyfriend before my child?

I have been dating someone for over 2 years and he has never met my daughter but he is aware of her. My current boyfriend recently expressed that he’d like to meet my child. My daughter told her dad that she will be meeting mom’s boyfriend, now her dad is threatening me saying he wants to take... Read more »

John Michael Frick
John Michael Frick
answered on Mar 24, 2023

A non-custodial parent can take a custodial parent back to court to modify custody or to modify the terms and conditions of possession at any time until the child reaches 18 years of age.

Any such case will be adjudicated based on the facts and circumstances proven by the admissible...
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1 Answer | Asked in Family Law for Texas on
Q: My biological mom passed, her fam. Not giving me nothing, how can I find out if my mother had a will, because they won't

My biological mom passed last week, and that side of her family aren't giving me any info, I would like to ask where in texas could I go to see if she had a will, or anything to see if she had me in her will? Ive tried to ask them, call them but I get nothing, not even a cone say your... Read more »

John Michael Frick
John Michael Frick
answered on Mar 24, 2023

Her will, if she had one, would be filed in the probate court of the county where she was living at the time of her death.

If you are named in her will as one of her heirs, you will likely be given notice and asked to sign a form concerning the probate of her will.

If she didn’t...
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1 Answer | Asked in Contracts, Libel & Slander and Personal Injury on
Q: What can I do by my being forced to sign selling my home when I changed my mind last minute!!!!! I was forced !

I was scammed on my home selling! all leflore county is corrupt! I know first hand besides this !!! In deaths!!!!

John Michael Frick
John Michael Frick
answered on Mar 23, 2023

Ordinarily, when a Seller signs an earnest money contract for the sale of a home, the Seller is committed to moving ahead with the sale unless specific provisions in the earnest money contract give the Seller a right to cancel. It is unusual for such a contract to give the Seller an escape clause... Read more »

3 Answers | Asked in Cannabis & Marijuana Law and Employment Law for California on
Q: I recently got fire from my job due to the use of CBD oil to help rest during the night. What can I do to get my job?

But prior to this event management has been trying to get rid me. After that drug test I got injured during work and end up messing up my knee pretty bad. I was never sent to get another test to verify this I was let go a week after the accident.

John Michael Frick
John Michael Frick
answered on Mar 23, 2023

It is likely--even under California law--that your employer can legally fire you for failing a drug test.

I advise you, however, to keep the CBD oil that you used and to have it tested for THC. Although it is extremely rare to test positive on a drug test as a result of using CBD oil,...
Read more »

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1 Answer | Asked in Divorce for Texas on
Q: Should I die how can I leave my house to my new wife. The house is in my name and my X. I got house after divorce.

Mortgage is in my name and X wife name.

Mortgage company won’t remove her name.

John Michael Frick
John Michael Frick
answered on Mar 23, 2023

You can do so either by leaving it to your new wife in your Last Will and Testament or by a Transfer on Death Deed.

If you signed a Deed of Trust to Secure Assumption in favor of your ex, be aware that your ex can "foreclose" on it if the mortgage is not timely paid.

1 Answer | Asked in Personal Injury, Wrongful Death and Civil Litigation on
Q: On average, how long does it take a case in your jurisdiction to be reached for a jury trial from the date of filing?
John Michael Frick
John Michael Frick
answered on Mar 23, 2023

18 - 36 months. Although I do still have four pre-COVID cases pending set for trial later this year.

1 Answer | Asked in Divorce for Texas on
Q: What is the amount of a typical retainer for a divorce case of average complexity in your area?
John Michael Frick
John Michael Frick
answered on Mar 23, 2023

$5,000 - $10,000 in a case of average complexity

2 Answers | Asked in Car Accidents for New York on
Q: I still believe in my heart my car accident settlement doesn’t reflect the pain and suffering I went thru.

I was in car accident on 2021 at 100% NOT my fault. Other driver is already in prison. My injuries were severe. I had broken ankle broken femur bone hip and 3 broken ribs on left side of my body. It took me more than year to heal. I still have problem with lifting heavy objects and standing for... Read more »

John Michael Frick
John Michael Frick
answered on Mar 23, 2023

If you do not think the settlement amount adequately compensates you for your pain and suffering, you should reject the settlement offer.

In a serious injury like yours, sometimes it is useful to stage a mock summary jury trial or two to see what a disinterested group reflective of a jury...
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1 Answer | Asked in Landlord - Tenant for New Hampshire on
Q: Am I responsible to pay for landlord hired cleaner to clean stain in driveway after I already hired someone who tried 3

My car was leaking power steering fluid on driveway. I had car fixed and hired someone to clean stain off driveway. The cleaners came 3 times to try and on 3rd time said they couldn't get stain up and that if they continued to try it would destroy the hot top. The landlord now wants to hire so... Read more »

John Michael Frick
John Michael Frick
answered on Mar 23, 2023

If it can’t be done, it can’t be done.

Tell the landlord you’re sorry, you’ll pay to replace the driveway, but you’re not going to pay for yet another attempt to clean the stain created by your car.

1 Answer | Asked in Estate Planning and Real Estate Law for Texas on
Q: I am the administrator of my moms estate. She only had a home. The home has been sold. Do I have to pay any taxes to IRS

And what form do I need file with IRS

John Michael Frick
John Michael Frick
answered on Mar 23, 2023

In general, you would only need to pay taxes on any proceeds from the sale of the house attributable to a gain in value from the date of your mom’s death until the date of sale. The term describing this is “step up basis.”

Typically this doesn’t happen unless a long period of time...
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1 Answer | Asked in Landlord - Tenant for New Mexico on
Q: On an eviction court papers last name is wrong and was passed through court system , isn't this fraud ?

I'm in the state of new mexico

John Michael Frick
John Michael Frick
answered on Mar 23, 2023

Fraud depends on whether there was an intent to deceive and justifiable detrimental reliance by the target of the fraud.

It could just be a mistake.

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