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Texas Questions & Answers
1 Answer | Asked in Personal Injury and Real Estate Law for Texas on
Q: Can the manager at a mobile home park legally carry on your house and put it in the dumpster was no warn notice at all

You see I had a fire they knew I was going to save the last quarter of the house to rebuild a tiny home the the manager came of the bobcat tore it down and put it in the trash do I have any recourse for that

Tim Akpinar
Tim Akpinar answered on Apr 3, 2020

I'm sorry for your ordeal. It could depend on the park's polices, and the extent of fire damages in the remaining portion of the structure. One option is to see if a Texas attorney would offer a free or brief, low-cost consult to assess the matter. Before starting to shell out money to explore... Read more »

1 Answer | Asked in Family Law for Texas on
Q: With covid-19 quarantine, can CPS ask that someone move in with you for a service plan? Germs and all going around.

My husband is going through dialysis! Considered a high risk!

Rahlita D. Thornton
Rahlita D. Thornton answered on Apr 2, 2020

I suggest that you voice your concerns to those involved for a more reasonable solution. Good luck. 888-343-4529.

Q: Ex parte snow I remember this case

$91,000,000.00

Tim Akpinar
Tim Akpinar answered on Apr 2, 2020

You posed under Admiralty/Maritime but there wasn't a maritime law question here. Good luck

Tim Akpinar

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1 Answer | Asked in Estate Planning for Texas on
Q: 3 siblings fixing estate for sale, one worked most wanting pay per hour after-the-fact, retroactive. Is this legal?

My husband and 2 siblings are equal-share inheritors of mother's estate per will. The estate is in Houston TX. We are updating the house for sale. One sibling lives in Houston and the other 40 miles away. We live 234 miles away. I had shoulder surgery which has prevented us from being able to go... Read more »

Nina Whitehurst
Nina Whitehurst answered on Apr 2, 2020

The sibling that did the work essentially volunteered his labor. Neither your husband nor the estate is obligated to pay him for it after the fact. It might have been different had he asked in advance to be paid for labor that he planned to perform, but that was not the case. Had he asked in... Read more »

1 Answer | Asked in Car Accidents for Texas on
Q: What happens when you get sued but don't have the money to pay and you can't afford a lawyer?

My bf was involved in an accident in September. It was his fault, and his insurance paid for the new car. The driver's family is trying to sue him for 100 grand citing that the driver is an wheelchair. At the accident the other driver was fine,he called off the police, and tried to leave the scene.... Read more »

Jessica McKinney
Jessica McKinney answered on Apr 2, 2020

You boyfriend's insurance company is obligated to defend him as long as he had an active policy at the time of the crash and that he is cooperating with them. They will provide a defense attorney and pay for any settlement or judgement up to the limit of his policy. Anything in excess of that, may... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Texas on
Q: my sister passed on Friday March 27, 2020. She was living a home that her husband left her in a trust?

How do I get her thing out if her caretake is still in her home?

Terry Lynn Garrett
Terry Lynn Garrett answered on Apr 2, 2020

Once the court has appointed you administrator or executor of her estate, you will have authority to take possession of all her property and evict the care giver. If you have evidence that the caregiver is filching property, you might want to file a Motion for a Temporary Restraining Order.... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: can verbal abuse be considered verbal assault?
Grant St Julian III
Grant St Julian III answered on Apr 2, 2020

There is no "verbal assault" statute per se, but see Texas Penal Code Section 22 for the law on assault.

1 Answer | Asked in Employment Law for Texas on
Q: Can an employer refuse to pay their staff after saying that they would for a certain amount of time?

My employer told those who qualified would receive pay from March 19th- April 2nd. We were just told today that we would not be receiving said pay the day before we would get paid. Just wondering if they actually can do that.

Roy Lee Warren
Roy Lee Warren answered on Apr 1, 2020

I would look at the promise to pay as a contract type of agreement. To have a legal contract there must be an offer and acceptance and "consideration". "Consideration" means that each party agrees to provide something of value to the other. This can be an affirmative offering of something, or an... Read more »

1 Answer | Asked in Gaming for Texas on
Q: I had my cruise control on 63. The police officer said I was going 72 according to the radar gun. Could radar be wrong

According to the radar gun I was going 72 in a 60. I had my cruise control on 63 going uphill. So i got a ticket for speeding. I also had a passenger in the car and the officer put on the ticket i had no passenger. He also put my wrong address down on the ticket. Could I take the ticket to court to... Read more »

Mark Hurt
Mark Hurt answered on Apr 1, 2020

It is unlikely that the radar that the officer was using was not functioning properly; it would also be difficult to prove this in court as well. If you believe that you were not going as fast as the officer cited you for, I would recommend getting your speedometer calibrated on your vehicle. If... Read more »

1 Answer | Asked in Civil Litigation, Environmental and Insurance Defense for Texas on
Q: Does a Fire Department have the right to use or "seize" personal equipment or resources in a emergency?
Tim Akpinar
Tim Akpinar answered on Apr 1, 2020

They could, as a general rule based on the doctrine of necessity. But arrangements could also vary by region, community, or individual relationships. Sometimes, large property owners (such as on ranches, farms, etc.) even provide permission for resources, such as water, to be used. The arrangements... Read more »

1 Answer | Asked in Bankruptcy for Texas on
Q: My mother is filing for bankruptcy. She is the Co-Signer on my car. Will I lose my car? She has a vehicle also.

IF she is the primary on the note and filing for bankruptcy, will she lose her can and mine? I make the payments and can prove the payments come from my account.

Timothy Denison
Timothy Denison answered on Apr 1, 2020

No. Not as long as you continue to pay for the car.

1 Answer | Asked in Consumer Law for Texas on
Q: With the coronavirus on-going am I able to get a full refund on a non-refundable hotel

I booked my hotel through hotels.com for ComicCon in San Diego which we are not going to anymore for our safety.

Tim Akpinar
Tim Akpinar answered on Apr 1, 2020

It could depend on how the contract is worded, and how the establishment argues the definition of some of the applicable terms. Good luck

Tim Akpinar

1 Answer | Asked in Bankruptcy and Tax Law for Texas on
Q: Can the IRS keep my 2019 refund when I'm currently under the automatic stay even though I owe back taxes?

I know it's considered estate money according to the bankruptcy law but unclear about the IRS refund question.

Timothy Denison
Timothy Denison answered on Apr 1, 2020

Yes, unless you exempted it when you filed your petition.

2 Answers | Asked in Bankruptcy, Banking and Civil Litigation for Texas on
Q: My husband and I have our finances separate. We file jointly for taxes. Can I file individual bankruptcy.

We file jointly because of a nuance in student fedloans that prevents us from filing separately. I am completely broke and have accounts closing out.

I need to file, we have no joint assets- the only joint thing we have is our taxes. I fear that because our taxes are joint that it may... Read more »

Mr. J. Thomas Black
Mr. J. Thomas Black answered on Apr 1, 2020

You can file bankruptcy without your husband, whether you file taxes jointly or separately. However, if your debts are primarily consumer debts, and you are married and living together, his income is counted in the "means test" that determines if you qualify for chapter 7 or the minimum plan... Read more »

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1 Answer | Asked in Car Accidents for Texas on
Q: I rear ended a guy and my insurance company had dropped me. He wants to settle out of court for $8k or go to court
Tim Akpinar
Tim Akpinar answered on Mar 31, 2020

You'll need to speak with a Texas attorney for the best guidance here, but you await an answer for three weeks and the other side may be asking you if you made up your mind. You may first want to check if your insurance policy was in effect at the time of the accident, even though it sounds like... Read more »

3 Answers | Asked in Car Accidents and Personal Injury for Texas on
Q: I was placed at fault in an accident. Driver has no license, and even admitted fault in a text message weeks later.

I was in a bicycle accident recently involving a car who ran a red light, hitting me on my side and sending me to the emergency room. The police placed ME at fault. This guy had no license, and just recently texted me admitting fault.. Weeks later after the police had already filed their report.... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Mar 31, 2020

It’s going to depend on the substance of his text and what the witness has to say. As a cyclist myself I empathize with you. I’m willing to discuss it with you on a call tomorrow. 888-343-4529.?

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1 Answer | Asked in Estate Planning for Texas on
Q: my brother died with one living child under the age of 18, and my adult nephew sold his truck

there was no will and his cars were at my adult nephews house and he has since sold the truck

Terry Lynn Garrett
Terry Lynn Garrett answered on Mar 30, 2020

Clearly he had no legal authority to do so. Please contact a local probate lawyer to determine what can be done.

1 Answer | Asked in Divorce for Texas on
Q: My husband and I are getting a divorce he wants to stay in the house. We had it appraised at $240,000. $83,000 is owed
Michael Glynn Busby Jr
Michael Glynn Busby Jr answered on Mar 30, 2020

That is a statement, not a question. If you have a house, then one can buy someone out of the house, sell the house, or give straight over. Also, if you have other assets other than the house, you should put it all in the pot, spreadsheet for the division of the property.

1 Answer | Asked in Family Law for Texas on
Q: With the Shelter in place going on and the Covid 19, do I have to continue with allowing my son’s father to get him?

He hasn’t seen my son since before Feb 14th hasn’t reached out until this past week. I have no idea where he’s traveled or who has been in his home. We don’t speak and he’s not trustworthy.

Rahlita D. Thornton
Rahlita D. Thornton answered on Mar 29, 2020

You’ll have to follow your visitation as per the orders of Governor. The school calendar dictates the schedule. Good luck.

1 Answer | Asked in Car Accidents for Texas on
Q: I was in a minor accident in midland texas i was in abig rig i was getting ready to turn left but a oncoming driver thou

Thought i was going to pass in front of him i came to a complete stop waiting for him to pass and he jerked into my lane thinking i was going to cut him off even though i was still in my lane i ended up getting ticket for turning while unsafe only because the stete trooper said he had to assume... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 29, 2020

A Texas attorney is best qualified to advise here, but your post remains open for four weeks. Unfortunately, you're in a difficult spot, being in left lane. Absent additional evidence in the way of witness testimony or video footage, the oncoming vehicle is in a better legal position than you. If... Read more »

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