Lawyers, Answer Questions  & Get Points Log In
Texas Questions & Answers
1 Answer | Asked in Family Law for Texas on
Q: Am I able to file spousal support by myself and if so, what forms what I need for Texas court

Wife kicked me out the house had an affair

Sharita Blacknall
Sharita Blacknall
answered on Jan 30, 2023

Yes. You will need to file for divorce and make the request.

Either spouse can request spousal support during the divorce process in Texas. However, the court can only award support if the requesting spouse doesn’t have enough property or income at the time of the divorce to provide for...
Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: Can I get my escrow check back?

I'm in the process of purchasing a home in Texas. The seller gave us an additional set of disclosures, and then weeks into the process (2 days ago) They gave us another updated set of disclosures with an issue that I am not happy with. I feel like we were being lied to, that they waited until... Read more »

John Michael Frick
John Michael Frick
answered on Jan 29, 2023

Yes

1 Answer | Asked in Probate for Texas on
Q: Is a executor of a will, supposed to show the heirs the paper work where they got the deceased house and land appraised
John Michael Frick
John Michael Frick
answered on Jan 29, 2023

An executor of a will is not required to get a formal appraisal or to show the appraisal to the heirs. However, if the executor files an Inventory, Appraisement & List of Claims with the probate court, it is a public document which the heirs could easily obtain a copy of.

1 Answer | Asked in Family Law for Texas on
Q: If my biological mother passed away with no will, but is married although he is not my biological father am I entitled

I am entitled to anything? I am the oldest child.

John Michael Frick
John Michael Frick
answered on Jan 29, 2023

Yes. You and your siblings are entitled to a share of your mom’s estate if she died without a will.

1 Answer | Asked in Real Estate Law and Libel & Slander for Texas on
Q: Can you please inform me (or direct me to appropriate information) on how to remove board members.

I know a petition to remove can be done, but I want to know the exact steps so if the majority of the owners wish to pursue this we don't get ignored for not following one particular procedure correctly. We currently have a rogue board president specifically, and it is unclear if these other... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Jan 29, 2023

I will assume you are asking about removing board members for your Home Owner's Association "HOA."

Each HOA has it's own by-laws and rules. This usually includes the rules/process on adding and removing board members. To properly advise anyone, a lawyer would need a copy...
Read more »

2 Answers | Asked in Criminal Law for Texas on
Q: If someobe gets pulled over and goes to jail for a violation of probation warrant

And the arrest is in a different county. How long can that county hold that person for

John Cucci Jr.
John Cucci Jr.
answered on Jan 28, 2023

In Texas, if you are arrested on the warrant from a different county, the arresting county has at least 10 days to hold you if you were arrested on a "Bench Warrant" for a probation violation or similar issue. There are many different reasons that the 10 days could be extended.... Read more »

View More Answers

2 Answers | Asked in Criminal Law for Texas on
Q: My husband was forced into taking 9 years due to a threat of 25- life and his co defendent was able to have the case dis

Dismissed due to evidence being lies what can my husband do because now his charges have been charged 3g

John Cucci Jr.
John Cucci Jr.
answered on Jan 28, 2023

If your husband pled guilty within the past 30 days, he may be able to withdraw his plea if properly requested to the court. If his guilty plea was based on coercion, or other violation of his constitutional rights, the plea could be reversed or undone, if properly filed and pled by Motion or by... Read more »

View More Answers

1 Answer | Asked in Civil Rights for Texas on
Q: Is it illegal in texas for a minor (16) to lift up shirt and show bra without trying to arouse anyone.
John Michael Frick
John Michael Frick
answered on Jan 28, 2023

No. Texas is a “free the nipple” state. Bra or no bra, it is not illegal.

1 Answer | Asked in Consumer Law, Lemon Law and Libel & Slander for Texas on
Q: My dealer sold me a lemon. Is it legal to drive my car with painted messages on my doors "parkplace sold me this lemon"?

Have tried to resolve amicably. Car in shop 26 days out of the 45 I have owned it. Since it was purchased with 1000 miles CPO "as is" it does not qualify for buyback according to MBUSA.

I spent 130k and car does not drive nice. So while I prepare a lawsuit, want to paint on car,... Read more »

John Michael Frick
John Michael Frick
answered on Jan 28, 2023

Since a car can only be a “lemon” if it was purchased new, you could be sued for business disparagement if your sign deters a prospective customer from purchasing a car from the dealership.

Most used cars are sold as-is, meaning the buyer is not relying on anything the seller may have...
Read more »

2 Answers | Asked in Child Custody for Texas on
Q: Trying to understand what is needed to prove a mothers negligence in custody of children for father to receive custody

Known abuse/neglect to the children however is covered up when needed and never seen by authorities. The mother is a very manipulative person and has tried to put several things against me (the father) that ends up failing or getting disproved. Mother has said if I don’t get back together with... Read more »

John Michael Frick
John Michael Frick
answered on Jan 28, 2023

Child custody determinations are fact specific. All of the items you described can be helpful evidence in your child custody determination. While Texas law favors joint custody, your particular facts can lead to a sole custody decision.

An experienced family law attorney in your county...
Read more »

View More Answers

1 Answer | Asked in Divorce for Texas on
Q: What is the customary fee for an divorce attorney In a court negotiation ?

Is 5k normal for the 1 hour

John Michael Frick
John Michael Frick
answered on Jan 28, 2023

Competent experienced family law attorneys charge $300-700 per hour. Less experienced attorneys may charge less.

Most family law attorneys expect to provide more than a one hour consultation. A request for $5,000 sounds like a request for an initial retainer for a basic family law matter...
Read more »

1 Answer | Asked in Constitutional Law for Texas on
Q: In Dallas, TX can the police come inside of my hotel room without a warrant, if their probable cause is ..

My boyfriend who stays with me in this hotel room every day came back last night in a truck I’d never seen before, I figured it was his friends truck. The next evening he was leaving the parking lot of this hotel in the truck and the cops tried to stop him because apparently the truck was stolen.... Read more »

John Michael Frick
John Michael Frick
answered on Jan 28, 2023

If you are a registered guest and of the hotel and hotel staff has not taken any steps to terminate your occupancy, police generally have to secure a search warrant to enter and search your room unless there are exigent circumstances which would justify a warrant less search.

A boyfriend...
Read more »

1 Answer | Asked in Divorce for Texas on
Q: I'm using an attorney for my divorce Is it customary for the attorneys to write down their fee on the temporary order?

Our attorneys wrote on the temporary order an extra fee of 5k each

Is that reasonable?

John Michael Frick
John Michael Frick
answered on Jan 27, 2023

It is not uncommon to identify the source of community funds to pay each spouse’s interim attorney fees in temporary orders.

Unless both parties have agreed on every item to be included in your divorce decree, you should assume your divorce will cost more than just $5,000.

3 Answers | Asked in Collections and Small Claims for Texas on
Q: What are my options if I received a civil lawsuit notification for a 7-year-old debt?

I am in Texas. The payday loan was taken out at least 9 years ago. I fell on really hard times and was unable to continue making payments after approximately 4 payments.

The notice from a legal geoup in Virginia states it is my 2nd notice although I didn't receive the1st.

I... Read more »

John Michael Frick
John Michael Frick
answered on Jan 27, 2023

Wait to be served by a sheriff. Then take the papers to an attorney to discuss whether to plead that the statute of limitations bars the lawsuit at this time.

View More Answers

1 Answer | Asked in Family Law for Texas on
Q: Can my husband keep my kids from me by going to my in laws out of state and locking me out while married?
Sharita Blacknall
Sharita Blacknall
answered on Jan 27, 2023

In the absence of a court order, both parents have equal rights to their children and both spouses have equal access to the home. However, if one parent is preventing the other parent from having access to the children or the home, it may be necessary to seek a court order to establish these rights... Read more »

1 Answer | Asked in Health Care Law for Texas on
Q: I received a medical bill 3 years and 4 months after services were received. Am I responsible for this bill?
John Michael Frick
John Michael Frick
answered on Jan 27, 2023

Maybe, but maybe not. The Texas Civil Practice and Remedies Code provides as follows:

Sec. 146.002. TIMELY BILLING REQUIRED. (a) Except as provided by Subsection (b) or (c), a health care service provider shall bill a patient or other responsible person for services provided to the...
Read more »

1 Answer | Asked in Animal / Dog Law for Texas on
Q: My friend’s ex-partner is suing for the dog after a breakup. My friend (dog owner) had the dog for several years prior

To them meeting or even cohabiting. While together she paid for all of the dog’s vet and grooming needs and became very attached. Does she have any legal standing? Can money and entitlement take this dog from the true owner?

John Michael Frick
John Michael Frick
answered on Jan 27, 2023

Dogs aren’t like children. They are property. Whoever owns the dog, owns the dog.

1 Answer | Asked in Civil Litigation for Texas on
Q: Why I’m being sued for negligence when the trailer I was pulling had an unforeseeable issue?

I’m contracted to a company that provides me with a trailer every time I’m assigned a load. I do a pre trip and post trip inspection every time and record any issues. The injured party is suing me for negligence even though the trailer in question did not presented any visible issues in my pre... Read more »

John Michael Frick
John Michael Frick
answered on Jan 27, 2023

Probably because they believe facts which aren’t so. Like whether a reasonably prudent pre-trip inspection would have disclosed the defect. Or like whether you are the individual responsible for maintaining the trailer.

2 Answers | Asked in Criminal Law and Gov & Administrative Law for Texas on
Q: Can you get stopped for a exp registration when the Gov claimed aCovid state of emergency and didn’t have to get renewed

I was stopped by an unmarked truck by a detective who wanted nothing more than to search my vehicle. He said he pulled me over because of an expired registration but, Governor Abbott said we did not have to renew registration until Covid state of emergency was no longer in effect. Is this a legal... Read more »

John Michael Frick
John Michael Frick
answered on Jan 27, 2023

The emergency excusing vehicle registration renewal in Texas ended April 14, 2021. If the stop occurred prior to that date, it was illegal and you should be able to get the offense dismissed.

It may help if you bring your current post-April 14 registration to demonstrate that you complied...
Read more »

View More Answers

1 Answer | Asked in Divorce for Texas on
Q: I am looking for a divorce lawyer. I don’t really have money. I live paycheck to paycheck. I really need help.

I am not looking to fight for anything nor do our kids want anything to do with him. We are both in agreement with the divorce.

John Michael Frick
John Michael Frick
answered on Jan 26, 2023

A typical divorce lawyer should cost $300-700 / hour.

You might be able to find a freshly licensed lawyer for a lower hourly rate.

Although you live paycheck to paycheck, you should expect to have to pay a lawyer to perform work for you.

If everything is agreed upon, as...
Read 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.