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Questions Answered by John Michael Frick
2 Answers | Asked in Personal Injury and Civil Rights for North Carolina on
Q: what makes an injury case? Does my husband even have the rights to open a case?

A few months ago a local company was laying fiber lines along the road and had to dig up sections of our yard, on sunday my husband was mowing and didnt see a sink hole that was left by the local company till he drove the lawn mower into it after the mowing accident he can barely walk, and is in... View More

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

Ordinarily, a company that creates a dangerous condition on property has a legal duty to warn others of the presence of the dangerous condition or to take steps to make the dangerous condition safe. If the company breaches that duty, it may be liable for any injuries that are proximately caused by... View More

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2 Answers | Asked in Traffic Tickets, Criminal Law and Civil Rights for Texas on
Q: Is it true a cop can make you exit the vehicle for any reason even just to violate your rights and purp inflict injuries
John Michael Frick
John Michael Frick
answered on Apr 9, 2024

No, a police officer cannot make you exit a vehicle "for any reason" or specifically "to violate your rights" or to "inflict injuries."

During a traffic stop, a police officer can order you to exit your vehicle for many possible legitimate reasons, including as...
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1 Answer | Asked in Civil Litigation, Consumer Law, Elder Law and Libel & Slander for Texas on
Q: How do I find lawyers to sue local MLS and big RE agency, who demand fee from me to disparage my premier property?

Recent national class-action success against these providers is probative as admission but of no avail to my class or me individually, with unique and actual damages worth $350,000 plus treble that amount for DTPA violations.

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

You should search in Justia for a lawyer in or near the county where your property is located with experience in real estate litigation and perhaps defamation cases depending upon what you mean by "disparaging" your property.

Unlike other types of cases--especially personal...
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1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: Does a handwritten will in TX allow assets to go to the spouse without being probated if that is what it stipulates?

The spouse is selling the house but title is saying that the deceased’s 2 adult children have to get half the proceeds from the sale since the will wasn’t probated unless they sign off not receive any of the proceeds. He had his body donated to science so the spouse said the probated will... View More

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

Unless and until a Will is probated, it is not effective to transfer assets from a deceased person to his/her heirs. It doesn't matter if the Will is a handwritten (in legal terminology, that is called a "holographic" Will) or typewritten/word processed with all the formalities.... View More

2 Answers | Asked in Banking and Gov & Administrative Law on
Q: can one use an affidavit as proof of a car sale agreement to the bank for purposes of change of ownership

Basically I enter into a car sale agreement which stipulates that once I have completed the instalments and paid in full, will I be able to get a transfer of ownership with the bank only if I produce an affidavit stating that I paid for the car in instalment as such can I get ownership

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

This may depend on the U. S. state or territory where you live. Typically, a bank is not directly involved with a change in ownership of a motor vehicle. Ordinarily, in most U.S. states and territories, there are government offices where the title to the vehicle is registered as proof of... View More

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1 Answer | Asked in Family Law and Probate for Texas on
Q: My late husband's daughter put marital status unknown in death certificate when she knew he was .what do I do

I have marriage license etc I talked to funeral director he was no help

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

You can request that the medical examiner or doctor who completed the death certificate file an amended certificate of death. But why?

The death certificate does not "divorce" you. You were, in fact, still married at the time of your husband's death. What is stated on the...
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2 Answers | Asked in Civil Litigation for Virginia on
Q: Is it wise to have a pro bono attorney stand up to a Fortune 500 business?

Would it be best to hire an Attorney to fight a tort issue with a Fortune 500 Company?

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

Attorney of all levels of skill and experience volunteer time to work at legal clinics and other agencies--both public and private--on a pro bono basis. If you meet the agency's criteria for indigency and are provided access to an attorney for pro bono legal representation, it's fairly... View More

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1 Answer | Asked in Real Estate Law for Texas on
Q: Can u get a deed in ur name if u have a bill of sail and the deed but the owner does before the title was transferred?
John Michael Frick
John Michael Frick
answered on Apr 8, 2024

At any time, you can get the Seller to provide to you a deed for real property you have purchased. Typically, a "bill of sale" is not prepared in connection with the sale of real property. The Seller signing the deed and delivering it to you transfers title, but recording the deed in... View More

2 Answers | Asked in Family Law for Texas on
Q: Am I required to provide my 18 year old son or his father the son’s medical records or a list of doctor(s) he visited?

My estranged 18-year-old son and his father are demanding my son’s previous medical records and a list of his doctors and medications he took when he was under the age of 18 and in my care. They are stating that I am legally required to provide this to them. Is this something that a court order... View More

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

Most custody orders require a parent to provide to the other parent such records. If you do not have a custody order, there is no independent legal obligation on your part to gather together and provide such information. Your adult son has the right to obtain his own medical records from his own... View More

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1 Answer | Asked in Adoption, Education Law and Family Law for Texas on
Q: can’t my (adopted mom) aunt-hold my legal documents if i’m 18 and still in high school?

hello i am 18 and still in high school and was adopted by my aunt and uncle. i have recently moved out and she (my aunt) is refusing to give me my legal documents-such as my Social security card, birth certificate, and mail-also can she throw away my mail?. is this in anyways legal? and if she... View More

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

While it is probably wrong for your aunt to withhold important documents like your social security card and birth certificate from you, I doubt law enforcement will deign to get involved. Simply request duplicates from the appropriate government office.

A person cannot lawfully divert mail...
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2 Answers | Asked in Criminal Law for Texas on
Q: Can a judge deny certified mail properly addressed to them in Texas
John Michael Frick
John Michael Frick
answered on Apr 8, 2024

There is no legal requirement that anyone "accept" certified mail.

Some judges will not accept any mail personally addressed to them at their court address--especially anything from a lawyer or pro se litigant--to avoid the appearance of any ex parte communications....
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1 Answer | Asked in Real Estate Law for Texas on
Q: Is it possible to cancel a real estate listing contract with an agent after we decide to not sell home that's an estate?

I am selling a home that is part of my late father's estate. We entered into a listing contract with an agent, however, a short time later one of the siblings decided to keep the home as his portion of the estate. Is it possible to cancel that contract without owing the agent a full comission?

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

It depends on the language of your contract. Presumably, since the home is part of your late father's estate, you have been appointed as the personal representative of the estate and entered into the listing agreement in that capacity. If so, depending on the language of the listing... View More

1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: On a second appeal do you have to get your own attorney or can you get a court appointed one?
John Michael Frick
John Michael Frick
answered on Apr 5, 2024

Generally speaking, the court will not appoint a lawyer in a civil case including on appeal. That is largely reserved for criminal cases and cases in which CPS is seeking to terminate a parent's rights to their child.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Can a property management company demand that I pay Liability to Landlord Insurance where I'm renting?

I received a notice saying: Liability to Landlord insurance is limited to damage to Landlord's property arising from the perils of: fire, smoke, explosion, backup or overflow of sewer, drain or sump, water damage, falling objects, riot or civil commotion.

$100K limit; coverage is per... View More

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

No, unless your lease agreement obligates you to pay for such insurance, the management company cannot simply demand that you pay it. You would have to agree with your landlord that payment for such insurance is part of your obligation under your lease.

2 Answers | Asked in Gov & Administrative Law for Texas on
Q: Why would the government be allowed to require an ID to enter a public building, would it not be a 4th amendment issue
John Michael Frick
John Michael Frick
answered on Apr 4, 2024

No it is not a 4th Amendment issue. The language of the 4th Amendment does not address entry into public buildings at all. It simply reads “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and... View More

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1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: Where do l go to file a petition for discretionary review to the supreme Court of Texas
John Michael Frick
John Michael Frick
answered on Apr 4, 2024

Your petition for discretionary review can be filed through the Texas state electronic filing system at https://www.efiletexas.gov/

The required contents of a petition for review are specified in Rule 53 of the Texas Rules of Appellate Procedure.

The factors that the supreme court...
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1 Answer | Asked in Family Law for Texas on
Q: In Texas, if a mother is drinking alcohol and smoking while she is pregnant, then can she be criminally charged?
John Michael Frick
John Michael Frick
answered on Apr 3, 2024

A mother has committed a crime in Texas if she "intentionally, knowingly, recklessly, or with criminal negligence, by act or omission, engages in conduct that places a child younger than 15 years in imminent danger of death, bodily injury, or physical or mental impairment."

Mere...
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1 Answer | Asked in Real Estate Law for Texas on
Q: my house is 50 years oil and also the fence the property was brought by someone he is demanding i move my fence . do i

do i have to move fence been told that texas law adverse procession says i do not have move it we mow and matain this 4 foot stretch

John Michael Frick
John Michael Frick
answered on Apr 2, 2024

It depends upon the nature of the fence. Under Texas law, there are two kinds of fences: “casual fences” and fences that “designedly enclose” an area. Courts have repeatedly found that maintenance of a casual fence does not create a designed enclosure, nor does it begin the running of the... View More

1 Answer | Asked in Probate for Colorado on
Q: In colorado how do I get a copy of my dad will. My stepsister says she is the executor of his will. But refuses to give

Me a copy. It has been about 6 week and hasn't been filled with the district court. Further more my step mum passed last June. And my dad did not update his will.

John Michael Frick
John Michael Frick
answered on Apr 2, 2024

You can ask your stepsister for a copy or wait until she files it for probate. Or you can file a intestate probate yourself as an heir of your dad and then, if she has the Will, she will either need to come forward with it or allow you to proceed with the intestate probate of your dad's estate.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: What can you do when the landlord refuses to respond back to your messages and refuse to call you back?

My landlord sent me a letter last month saying that I am two months behind on the rent and he said if I didn’t pay it then I would have to move. So I have been calling, texting and emailing him for about 3 weeks now and he refuses to answer my call, refuses to respond back to any of my messages.... View More

John Michael Frick
John Michael Frick
answered on Apr 2, 2024

All you can do is to continue trying. Your landlord isn't legally required to respond to your messages. Landlords typically have property managers so that they do not have to deal directly with tenants.

As for eviction, if you fail to pay your rent on time in accordance with your...
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