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Texas Questions & Answers
1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: My niece is on parole and claimed this as her residence when released how do I remove her from my home

I didn't give my niece permission to live here and now I've got problems with her behavior parole board is coming to search premises because I've complained about her being here. I'm not equipped to care for financially or otherwise to have her here shes aggressive, difficult,... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Sep 24, 2022

Unfortunately, if she has been staying there for over 30 days, you will have to evict her or make a claim that she is violating her parole conditions. If you do the latter (Parole Vio.), she will go back to prison.

Maybe you should tell her she had better find a new place, or face a...
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1 Answer | Asked in Estate Planning for Texas on
Q: I don't know if you can help me or not. My husband passed away and he had a trust in my name but I don't remember where.

How would you find out where a trust is at?

Isaac Shutt
Isaac Shutt
answered on Sep 24, 2022

An attorney could help you by looking in the real estate records. Some estate planning attorneys file trusts there. Also, if you can remember who the estate planning attorney was, you can contact the attorney for a copy.

If neither of those work, our law in Texas states that the...
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1 Answer | Asked in Family Law for Texas on
Q: if my dad makes the money but my parents are married, can my mom take away my things even tho it’s my dads money?
Penny Wymyczak-White
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Penny Wymyczak-White
answered on Sep 24, 2022

Your mom can take away your things. It does not matter who bought them.

1 Answer | Asked in Energy, Oil and Gas for Texas on
Q: Had a lawyer working on a wrongful termination case for a large oil company I was employed with.

That lawyer was contacted by other lawyers and a class action suit was proposed. My case was then sent to a larger firm and my lawyer has since claimed inability to discuss the case. I don not know where the case was sent and haven't been contacted since March 2021. Is there any way to find... Read more »

Aimee Hess
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Aimee Hess
answered on Sep 23, 2022

You can call the clerk of the Court in which this case is pending.

1 Answer | Asked in Criminal Law for Texas on
Q: My fiance is 66 and disabled and has serious health issues. Is there any way I can get him medically released from jail

My boyfriend health issues are as follows. High Blood Pressure, COPD,Severe Back and knee problems, Arthritis, Sleep Apena and Congested Heart Failure. Is there any way he can get medically released because of his health

John Cucci Jr.
John Cucci Jr.
answered on Sep 23, 2022

MRIS is a program in the texas department of Corrections that allows for screening and movement into a more medically intensive environment for a prisoner. There is a process to get evaluated and then the Doctors and /or administrators decide what measures of care and/or even release, would be best... Read more »

1 Answer | Asked in Personal Injury and Landlord - Tenant for Texas on
Q: My apartment has mold in the vents, and roof from water leaking, I've reported the issue many times now it's 6 wks later

Mold test kit, video, photos, emails and still nothing has been done to resolve this issue, do I have a case against the landlord of the apartment complex?

Tim Akpinar
Tim Akpinar
answered on Sep 23, 2022

A Texas attorney could advise best, but your question remains open for two weeks. I could only speak for the personal injury aspects of your question; a landlord-tenant attorney could advise on the tenant rights-related aspects. There are injury firms that handle mold cases. But nationwide in... Read more »

1 Answer | Asked in Trademark for Texas on
Q: Can i use the word MyNirvana as my company name? The word Nirvana is trademarked
Erik Špila
Erik Špila
answered on Sep 22, 2022

This depends on other circumstances such as similarity of goods or services you would like to offer under MyNirvana. It also depends on the territory in which you would like to use your company name and in which the word Nirvana is registered as trademark.

I would highly recommend you to...
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1 Answer | Asked in Contracts and Construction Law for Texas on
Q: My contractor abruptly stopped work 3 weeks ago and is unreachable. How do I proceed?

Homeowner in Texas. I contracted with (name withheld) for concrete and electrical work. I paid 50% upon signing. Work started 5 weeks after the estimated start date. They worked 3 days (some light excavation) and then all communication abruptly ceased 3 weeks ago. The contractor is unreachable by... Read more »

Jaime Victor Papa
Jaime Victor Papa
answered on Sep 21, 2022

If I were to take this case, I would start by reading your contract and creating an effective litigation strategy. After outlining the strategy, I would move forward with the plan. It looks like you have taken a few steps already, but it does not look like you have taken any formal steps. If your... Read more »

1 Answer | Asked in Divorce for Texas on
Q: My dad passed away and I received life insurance money. Also I’m receiving payments from the sale of his estate.

I want to know is my wife entitled to half of this money if we divorce?

John Michael Frick
John Michael Frick
answered on Sep 21, 2022

Upon divorce, usually a couple's community property is divided in a manner that the court deems "just and right." Generally speaking, when a lay person talks about a spouse getting half of something if there is a divorce, they are talking about the "just and right"... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: HOA Board president continues to serve on board after he rescinds resignignation “effective immediately”

Can a HOA Board member continue to serve on board after resigning, “effective immediately” then withdrawing 36hrs later? Both were sent via email to board & prop. Mngr, who replied to resignation asking the board how they want to proceed to fill vacancy. No director replied to either... Read more »

John Michael Frick
John Michael Frick
answered on Sep 21, 2022

If he is indeed not a director, his actions likely would not be binding on the HOA unless it subsequently ratifies them. Probably the best course of action at this point would be to hold a directors meeting and have the Board pass a resolution ratifying all of his previous actions.

2 Answers | Asked in Employment Discrimination and Employment Law for Texas on
Q: Are employers allowed to force and administer a Covid 19 test
John Michael Frick
John Michael Frick
answered on Sep 21, 2022

No, but they can make it a condition of continued employment under many circumstances. If such a test is “job related and consistent with business necessity,” the employer can require a COVID-19 test as a condition of continued employment. This is largely being interpreted as meaning will the... Read more »

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1 Answer | Asked in Criminal Law and Immigration Law for Texas on
Q: My kids dad was a resident but he got into trouble in 1997-1998 he left to Mexico and wasn not able to renew his residen

Is there any possibility he can return to the United states?

Monica E Rottermann
Monica E Rottermann
answered on Sep 21, 2022

He would need to have the means to re-immigrate to the United States and apply for an immigrant visa to return. However, depending on what type of “trouble” he had, he might not be eligible for the visa. You should discuss his case with an immigration attorney to determine if he has a... Read more »

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: I have joint managing conservatorship but I’m a non custodial parent do I have the right to know who babysits my child?

The other parent works nights and won’t tell me a thing. I have 50/50 custody. Is that illegal in Texas.

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Sep 20, 2022

Unless your court order states that you must be notified, the custodial parent is not required to inform you. However, good co-parenting would warrant that the custodial parent would want to inform you...in case anything happens with the child.

Are you concerned about your child's...
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1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: Is it illegal in Texas for an employer to withhold tips from an employee?

I worked part time for a company making the $7.25 minimum hourly wage. The company also had a tip pool on top of their pay, and employees were tipped equally every day. When I quit the job, the manager told me that they were going to withhold my tips from the previous day I had already worked. They... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Sep 20, 2022

This is a tricky situation. Under federal law, employers are generally only required to pay you at least your state's minimum wage for each hour of work you perform. In the service industry, this means your server wage + your tips received must equal a ground total that averages out to an... Read more »

1 Answer | Asked in Family Law and Probate for Texas on
Q: What kind of attorney do I need in order to file a probate proceeding on my late husband's estate?

My late husband's death certificate is incorrect and needs to be amended in order for me to collect the rest of his estate.

John Michael Frick
John Michael Frick
answered on Sep 20, 2022

You need a probate attorney to file a probate proceeding.

You do not need a probate attorney to correct his death certificate. You can fill out the form and pay the fee. See the following link: https://www.dshs.texas.gov/vs/doc/Texas-Death-Certificate-Change.pdf

1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for Texas on
Q: I went to court for an eviction but I want to know if I can appeal the decision?

I already went to court but I did not have a lawyer. I was under the assumption that the evictions laws were strict. But there are a few things I feel were over looked or I just don’t really know or understand the process

John Michael Frick
John Michael Frick
answered on Sep 20, 2022

Yes, you can appeal by filing a bond, making a cash deposit, or filing a Statement of Inability to Afford Payment of Court Costs with the justice court within 5 days after the judgment of eviction is signed.

The eviction will then be heard de novo by the court court on an expedited basis....
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1 Answer | Asked in Civil Litigation and Collections for Texas on
Q: first time being sued what do i need to look for and what if i cant afford one upfront

being sued for 100k and im in debt and barely getting back on my feet while trying to survive while. its my first time im being sued , what kind of lawyers do i look for and im pretty poor and i see lawyers are like 300 or more an hour. i feel like im drowning but need to know what to do

John Michael Frick
John Michael Frick
answered on Sep 20, 2022

You should look for a civil trial lawyer a/k/a litigator with experience defending debt collection cases like yours who practice in or near the county where you have been sued. The Texas Board of Legal Specialization certifies lawyers in civil trial law, in personal injury, and in consumer and... Read more »

3 Answers | Asked in Business Formation, Business Law, Immigration Law and Tax Law for Texas on
Q: I am Ukrainian citizen living in the USA as a student and I want to open an online business how should I pay taxes.

I am Ukrainian citizen living in the USA as a student waiting for my F-1 visa and TPS and I want to open an online business.

I want to open drop shipping business I have an Ukrainian card and I have a card in PNC bank that I just opened, but because I am minor it was opened on my host mom... Read more »

Jaime Victor Papa
Jaime Victor Papa
answered on Sep 20, 2022

In my experience, business owners generally hire an accountant to help them navigate the taxes.

I really like Peters CPA, LLC https://www.lpeterscpa.net/ or (972)863-9640.

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1 Answer | Asked in Health Care Law and Personal Injury for Texas on
Q: How long do sun behavioral hospital in houston keep the video footage of patient.

It’s been 1 and a half year since my brother was discharged and we are looking at a lawsuit. Ty.

Jaime Victor Papa
Jaime Victor Papa
answered on Sep 19, 2022

If you filed a lawsuit, I would use the discovery process to find out.

1 Answer | Asked in Contracts for Texas on
Q: I purchased a timeshare in Mexico and sent the required documents for cancellation. However, they are denying my request

I purchased this exactly a month ago and sent the letter via certified mail within the 5 day cancellation period.

Jaime Victor Papa
Jaime Victor Papa
answered on Sep 19, 2022

If the contract is governed by the laws of Mexico, you will need to hire a Mexican attorney. If the contract states that US law governs, I may be able to help.

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