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1 Answer | Asked in Real Estate Law for Texas on
Q: Is this considered a formal agreement from land lord

Per our conversation we are giving you a 30 day notice to move so we can remodel and repair Apartment 1. If a move is possible sooner we appreciate a sooner vacancy. No rent is due for December. Thank you.

Management

John Michael Frick
John Michael Frick
answered on Dec 9, 2022

This is most likely not a “formal agreement.”

It looks to me more like an email or text message memorializing a prior conversation.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: In a civil case (child custody) is there a deadline for submitting evidence that will be used at the final trial?
John Michael Frick
John Michael Frick
answered on Dec 9, 2022

Yes. What that deadline is depends on whether there is a formal written scheduling order signed by the judge entered in the case or whether the parties are operating under the disclosure deadlines in the Texas Rules of Civil Procedure.

It is safe to assume in most cases that any documents...
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1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Texas on
Q: Do insurance companies have the right to hire an attorney to defend the insured against liability claims?

If liability is disputed in intercompany arbitration will the insurance company notify the insured of the arbitrators decision?

John Michael Frick
John Michael Frick
answered on Dec 9, 2022

In a typical automobile liability insurance policy, the insurance company has both the right and the duty to defend the insured driver.

It is not typical in intercompany arbitration for the insured to be notified of the award

1 Answer | Asked in Divorce for Texas on
Q: What are the pros and cons of being added to our mortgage?

Not currently on it and we’re in divorce talks

John Michael Frick
John Michael Frick
answered on Dec 9, 2022

The biggest “con” is that you become personally liable for the debt. Depending on your income, you may find it difficult to get another mortgage loan without first, or simultaneously, paying off this one first.

The “pro” is it may help with your credit score and improve your...
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0 Answers | Asked in Uncategorized for Texas on
Q: Me and my siblings inherited my parents home two of the siblings have since passed away me and my wife or living in the

Residence I need to know I were to die can my wife continue to reside at the home

0 Answers | Asked in Uncategorized for Texas on
Q: If property is stole from my person and theif get away but I see him later call cops and tell him don't move is it wrong

Video footage positive identify the theif and I later see the theif and call the cops and instruct him to wait to cops come, am I in the wrong?

0 Answers | Asked in Land Use & Zoning for Texas on
Q: Request to use this Sec. 232.0015. EXCEPTIONS TO PLAT REQUIREMENT to convey property to my son, Cameron County deny it.

This Section is on the Texas State Regulation and also on Cameron County Regulation. Engineering Department is making me do a subdivision as a developer. Thank you.

1 Answer | Asked in Insurance Bad Faith for Texas on
Q: Is there a law that allows health insurance to subvert themselves under other health insurance if you’re primary on both

I have two full time jobs and have full health insurance through both BCBS and United Healthcare. Both are refusing to pay because each claims i am primary on another policy. Each is trying to subvert themselves as secondary under ther other. This seems illegal

John Michael Frick
John Michael Frick
answered on Dec 9, 2022

There are rather complex rules called coordination of benefits which address the situation when a patient has coverage under two health separate health care plans. These rules resolve which one is primary and which one is secondary.

It is definitely legal. There are a number of...
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1 Answer | Asked in Employment Law for Texas on
Q: I am a full-time salaried employee. My company does not offer sick days. Sick days and personal days are lumped PTO.

I have used all PTO hours for 2022. PTO hours will be renewed 1/1/23. My boss deliberately came to work sick after returning from Disney World. Admittedly, sick for over a week without socially distancing, in fact, standing over my shoulder in my office. On 12/6/22 I woke up sick. I notified my... Read more »

John Michael Frick
John Michael Frick
answered on Dec 9, 2022

You can threaten to quit your job unless your employer pays you for the three hours you missed.

Like most US states in most occupations, Texas has a rule called “employment at will.”

That rule allows you to leave your employment for almost any reason. This would be a reason....
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0 Answers | Asked in Family Law for Texas on
Q: What is the process to petition the court for declaration of death where a person has been missing for 10 years?

He (is/was) a life-long Texas resident (indigent/homeless 1999-???), with a history of alcoholism. There are 20+ public intoxication charges, with last coinciding with his disappearance in 2012. There is a missing persons report in Abilene/San Angelo area, NAMUS record, and dna from his brother... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: Can we sue our real estate agent for negligence, incompetence and inexperience?

Our Realtor did not:

Read the inspection report nor advise us on the inspection

Do her own inspection nor was there for any part of the inspection

Advise us to do our own inspection nor that we should be there to inspect the home ourselves while inspection was taking place... Read more »

John Michael Frick
John Michael Frick
answered on Dec 8, 2022

The answer to your question depends on exactly what your agreement was with your realtor—as many of the things you mention are not necessarily done by a realtor in the ordinary course of representing a buyer—and how you were harmed.

For example, what defective condition of the premises...
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1 Answer | Asked in Contracts, Criminal Law and Real Estate Law for Texas on
Q: Can we sue the previous owners of a home we just bought for falsifying their Seller's Discloser?

We purchased and closed on a home July 19, 2022. The Sellers falsified information on the real estate home disclosure form. Because they stated that everything was in working condition and failed to disclose many hazardous matters that they were apparently aware of, along with literally covering up... Read more »

John Michael Frick
John Michael Frick
answered on Dec 8, 2022

It depends on what, if any, warranties you received when you purchased the home. Most previously-owned homes are sold as-is, meaning the buyer is not relying on any representations or promises from the seller regarding the condition of the home.

It is unsettled as to whether you can...
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1 Answer | Asked in Probate for Texas on
Q: Do debts need to be paid before assets are distributed?

My father-in-law passed away this week in Texas, he had virtually no assets (lived in an apartment, had a car loan) and a lot of debt from credit cards, medical expenses. There is no will, and my husband was named executor in the POA. There is a very small amount of money in the bank, and the car... Read more »

John Michael Frick
John Michael Frick
answered on Dec 8, 2022

A POA does not appoint an executor. Only a will does.

A POA becomes null and void when the maker dies.

When your father-in-law’s estate is probated, the personal representative must use available assets to pay debts in a specific order set by statute. First in priority is the...
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0 Answers | Asked in Consumer Law for Texas on
Q: Texas Business and Commerce Code - BUS & COM § 20.05) restricts reporting of convictions that are more then 7yrs old.

FCRA PREMPTS STATE LAW. THE RULE EXPIRED. DOES STATE LAW GOT BACK INTO EFFECT ONCE THE PREMPTIVE LAW EXPIRES?

1 Answer | Asked in Child Support and Divorce for Texas on
Q: If my divorce lawyer didn't look out for my best interested & the divorce was settled.Can I get another lawyer & refile?
John Michael Frick
John Michael Frick
answered on Dec 8, 2022

No. Your settlement will preclude you from relitigating your divorce against your former spouse.

Your legal remedy is a legal malpractice case against your former attorney. You will need to show that your former attorney’s conduct did not meet the standard of care for attorneys...
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0 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Construction Law for Texas on
Q: Help please

Short question is I had a lawyer that was going to take over my felony I was under the assumption that he had talked to my lawyer and got that paperwork taken care of I had called him regarding a court date he informed me that it had been canceled rescheduled in fact it hadn't been and now I... Read more »

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Regarding my daughter’s “VERY REASONABLE” request for a TRO denying visitation from her former significant other …

(cont.) was rejected by the judge handling her case, however, a Modification hearing has been scheduled for 12/20/2022 so is she likely to be in trouble, if she has already withheld his visitation with their daughter for a “very good” reason (i.e., substance abuse) and continues withholding his... Read more »

John Michael Frick
John Michael Frick
answered on Dec 8, 2022

If there is a court order awarding possession of the child to the other parent and your daughter violated that order, she can be held in contempt of court and fined or jailed for up to six months or both for each period of possession she withheld from the child’s other parent.

It is very...
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1 Answer | Asked in Criminal Law for Texas on
Q: I’ve been charged with terroristic threat but for months my ex and her family have threatens my families life.

I have kept quiet in hopes my manipulative ex would chnage but never did, just got worse and ended up in a dark place feeling used and played by someone I loved. Can they go back and charge her and her family as well for threatning me? I have proof of it happening multiple times. Does this help the... Read more »

Grant St Julian III
Grant St Julian III
answered on Dec 8, 2022

No one in this forum can evaluate your case. No one here knows the evidence in the State's possession. Have this discussion with your attorney.

You are going to have to retain one; the DA is not going to dismiss the charges against you just because you walk into court and state:...
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