Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by John Michael Frick
1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Texas on
Q: My brother passed without a will in Tx his house 270000 his pension $$ his ex hired a lawyer we can't afford one

Her lawyer buried us in paper work now lawyers want 5k /10k retainer we are on fix income we are not showing up in court my mom has Alzheimer's I have a Dr letter for her I don't want to go to court with out a lawyer can not afford one not fair bottom line can I be held in content of... View More

John Michael Frick
John Michael Frick
answered on Jul 12, 2024

If your brother had children, his estate will pass to those children or their descendants. If not, your brother's estate will pass to his parents, which would include your mom if she was also his mom.

Your brother's ex cannot inherit anything from your brother's estate...
View More

2 Answers | Asked in Real Estate Law, Divorce and Family Law for Florida on
Q: Will my soon to be ex-husband be responsible for my house loan if not on the note or deed but mortgage?

We are in process of divorce, I close on a house before it is finalized. He is required to sign mortgage but not note or deed. Will he have any rights to my home?

John Michael Frick
John Michael Frick
answered on Jul 11, 2024

It depends on the language of the contractual documents but it is not uncommon for a mortgage company to require a spouse to sign off on giving up his rights in favor of the mortgagor even when title and the loan are solely in the other spouse's name. In that particular situation, the spouse... View More

View More Answers

1 Answer | Asked in Real Estate Law and Probate for Virginia on
Q: Can I sell my wife’s home? She passed without a will and the house was solely in her name. Me and her 2 daughters heirs
John Michael Frick
John Michael Frick
answered on Jul 11, 2024

You and her two daughters should be able to sell the home when probate is complete. The administrator of your wife's estate may also be able to sell it with a court order and distribute the proceeds to you and the two daughters.

3 Answers | Asked in Criminal Law and Civil Rights for Tennessee on
Q: Was this a violation of my 4th amendment right?

I recently was arrested in a hospital for simple possession. The security said they were acting on a tip but could not tell me where the tip came from or what the "tip" was. The did not have a warrant until after the arrest. I did not consent to a search.

John Michael Frick
John Michael Frick
answered on Jul 11, 2024

There are a number of considerations to determine whether a warrantless search in a hospital violates the 4th Amendment. You can read the attached article:... View More

View More Answers

2 Answers | Asked in Civil Rights for Arkansas on
Q: I am seeking guidance on how to legally protect my use of sacramental plant medicine under the RFRA.

I am seeking guidance on how to legally protect my use of sacramental plant medicine, such as psychedelic mushrooms, under the Religious Freedom Restoration Act (RFRA). I am a member of the Church of the Sacred Plants and want to understand the legal protections available for the religious use of... View More

John Michael Frick
John Michael Frick
answered on Jul 11, 2024

# 1) Read https://law.justia.com/cases/federal/district-courts/FSupp/906/1494/2126785/ to consider whether the "Church of Sacred Plants" constitutes a "religion" protected by RFRA

# 2) Read https://supreme.justia.com/cases/federal/us/494/872/ to consider whether the...
View More

View More Answers

2 Answers | Asked in Car Accidents, Civil Rights and Municipal Law for Louisiana on
Q: Louisiana , my local police dept failed to investigate my stolen car. Thief ended up totaling my car drunk

My car was stolen july 4th from a parking lot i IMMEDIATELY called police and reported it. They quickly arrived & took my written statement. I knew who stole it by name. Eyewitness info or statement was not taken by police. Nor was the surveillance video from motel6 either. They never returned... View More

John Michael Frick
John Michael Frick
answered on Jul 11, 2024

There is nothing which prohibits police from properly processing auto theft charges now. Given that they know who stole it by name, why would they need to question anyone or to see the surveillance video? It doesn't look like the thief who wrecked your car is likely to be able to avoid the... View More

View More Answers

1 Answer | Asked in Small Claims, Child Support and Family Law for Texas on
Q: can i sue for money paid in past under enforcement of court order in civil family court?

I am wanting to sue my ex for amount I have paid over the past year for medical child support because he never followed the court order and submitted the proof that he was paying what he said for insurance. the attorney general says it's out of there hands now because the support has ended and... View More

John Michael Frick
John Michael Frick
answered on Jul 11, 2024

I do not believe you can sue to recoup amounts you paid for medical support that you were ordered to pay by court order. At best you can sue to enforce the court order against your ex requiring him to submit the proof he was paying what he said for insurance as long as you are still within time... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: In a divorce are you entitled to only half the amount paid in on the mortgage ?? Or is appreciation or value now

Or current value when sold

John Michael Frick
John Michael Frick
answered on Jul 11, 2024

In a divorce, neither spouse is automatically entitled to any part of money paid in on a mortgage.

With respect to real property acquired by a spouse during the marriage, the property will likely be determined to be the community property of the spouses and will be subject to a "just...
View More

1 Answer | Asked in Criminal Law and Health Care Law for Texas on
Q: If i am disabled and mentally incompetent at time of conviction can Anything be done .

I was forced to sign up. Please bargain and charged, but i'm not guilty And I'm mentally disabled. My family and I told them that I needed special disability court, but they did not comply at all

John Michael Frick
John Michael Frick
answered on Jul 11, 2024

You can timely appeal on the basis that your plea was not entered into knowingly and voluntarily. You will need to establish through expert medical testimony. Mentally incompetent means lacking the ability at the time of your plea, based on reasonable medical judgment, to understand and... View More

1 Answer | Asked in Civil Rights for Texas on
Q: Can I get a list of debts that the bill of rights section 18 covers please
John Michael Frick
John Michael Frick
answered on Jul 11, 2024

There is no such "list." Section 18 does not list or describe what constitutes a "debt" for purposes of this state constitutional provision, so the question is addressed on a case-by-case basis depending upon the particular facts and circumstances.

For example. the...
View More

1 Answer | Asked in Health Care Law, Medical Malpractice and Employment Law for Alabama on
Q: i have a chain of custody issue with a drug screening done through quest diagnostic and also privacy issue

on May 15 2024 I had a drug screening through work quest diagnostics was the lab they use i did not receive my results until June 12 2024 due to being misplaced June the 15th i had a meeting and got fired for results that was wrong so what happened with my specimens also others have my toxicology... View More

John Michael Frick
John Michael Frick
answered on Jul 9, 2024

Typically, after a lab test is completed, any remaining specimen is discarded. If someone other than you, your employer, and the lab have a copy of your toxicology report, ask that person how they obtained it. You might need to report the lab or your employer for a HIPAA violation to HHS. They... View More

3 Answers | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: I’m an Etsy seller and someone claimed IP on an item. But all they have is an application for said item. Not approved.

Is this illegal to shut someone’s listing down when you really don’t hold the approved IP yet? And what are my options.

Thanks.

John Michael Frick
John Michael Frick
answered on Jul 9, 2024

Normally, online marketplaces like Amazon and Etsy require merchants selling items on their platforms to prove they own or have a license to use IP when a complaint is made. People and companies legitimately selling products in online marketplaces can usually provide proof of ownership or... View More

View More Answers

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: How do I file for sole of primary custody? The father is homeless and has substance abuse issues as well as my mother-in

My husband and I are separated. I live in Texas. My spouse lives in Louisiana. We currently have joint custody. I don’t want to return my children to their father because the environment isn’t good for their well being and the father isn’t fit.

John Michael Frick
John Michael Frick
answered on Jul 9, 2024

You need to hire an attorney in or near the county where you live who practices in the area of family law or divorce to file a divorce proceeding in which you can seek full custody of your children. While cases seeking full custodial possession of children can be difficult and expensive, the facts... View More

1 Answer | Asked in Contracts for Texas on
Q: Can my friends dad take my motorcycle from me?

My friend purchased a motorcycle for me with the verbal agreement I would make payments to him. I have my bike. My friend was killed on the 4th of July. Can his dad take my bike? What can I do? My friend was the owner of a motorcycle shop and was going to put the title in the shops name till I... View More

John Michael Frick
John Michael Frick
answered on Jul 9, 2024

Ownership of a motor vehicle, including a motorcycle, is passed by signing and delivering the certificate of title over to the new owner. This is commonly known. If the title to the motorcycle is in your deceased friend's name, it passes to his heirs either according to his Will (if he had... View More

2 Answers | Asked in Civil Litigation, Civil Rights, Federal Crimes and Military Law for New York on
Q: What Is REMOT NEUROLOGICAL MONTIER LEGAL ACTION NY ?

I have been harassed and tortured me and my wife by my previous neighbor and I know his name as well

John Michael Frick
John Michael Frick
answered on Jul 8, 2024

There have been a small number of lawsuits filed by litigants alleging "remote neurological monitoring" which have been universally dismissed on various grounds. In many cases, litigants are unable to prove that they are a victim of "remote neurological monitoring" or that... View More

View More Answers

3 Answers | Asked in Car Accidents and Personal Injury for California on
Q: What do I do if my personal injury lawyer is doing things wrong to my case had me sign forms i didn't understand hes hol

Holding my settlement checks he never scheduled the caropractice apointments.who do I talk to I need help i never received compensation for loss of wages never got any paper work showing or explaining to me whats going on.its been 7 months now.

John Michael Frick
John Michael Frick
answered on Jul 8, 2024

If I were you, I would send a letter (not an email) requesting an office conference within the next thirty days to review your case, to discuss its current status, and to determine your case strategy moving forward.

Typically, attorneys and law firms do not schedule healthcare appointments...
View More

View More Answers

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Indiana on
Q: I'm listed as 5'10 and 260lbs,reality is I'm over 6'4 about 190. Also my middle is incorrect. Can case be dismissed?
John Michael Frick
John Michael Frick
answered on Jul 8, 2024

If the identity of the individual who committed the crime is in dispute, the discrepancy in the physical description could be powerful evidence in securing an acquittal. But, standing alone, that is not strong enough to secure a pretrial dismissal in the absence of other evidence that they... View More

View More Answers

1 Answer | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Texas on
Q: Am I able to sue my c.l.husband, his dad, his friends for stealing , trashing and ruining my belongings while I was out

Of town? Then to keep me from filing criminal charges for what they had done my c.l. husband had sent me pictures of a 2015 Dodge Challenger Hellcat SRT with the 6.2 supercharged engine in it and told me that it was mine all mine he hoped I loved it. He has refused to give me the title for it all... View More

John Michael Frick
John Michael Frick
answered on Jul 8, 2024

You can file a divorce proceeding against your husband and include these claims in your divorce proceeding. You should contact an experienced attorney who practices in the area of family law or divorce in or near the county where you and your husband live.

You don't mention exactly...
View More

2 Answers | Asked in Child Custody, Child Support and Family Law for Texas on
Q: Do 1,3,5 weekend visitations still happen during summer after NCP had their consecutive 30 days for summer?

We have a standard TX child support agreement. Written notice was given in time for summer dates (5/24-6/24). NCP was planning on 1,3,5 schedule visitation for July.

Does holiday vacation override weekend visitation for summer?

Is NCP entitled to weekend visitations?

John Michael Frick
John Michael Frick
answered on Jul 5, 2024

In a typical Texas possession order, the NCP continues to have weekend possession typically on the 1st, 3rd, and 5th weekends during the summer subject to the CP's summer possession rights. Typically, the CP is entitled to designate one weekend of the NCP's during the summer as the... View More

View More Answers

1 Answer | Asked in Uncategorized on
Q: Do you know a lawyer that will represent us for wrongful in prison when we have the judge who dismissed all charges onus
John Michael Frick
John Michael Frick
answered on Jul 5, 2024

You should search for attorneys handling "wrongful conviction compensation claims" and "exonoree compensation claims." If you were in state prison, you should look for an attorney only in the state where you were imprisoned.

If you were in federal prison, you can...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.