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1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: I need know the proper form to file a writ of Habeas corpus in Victoria Texas

I filed the writ of habeas corpus and the order the judge did not sign it said it wasn’t in the proper form

John Michael Frick
John Michael Frick
answered on Jun 18, 2024

Assuming you are talking about a writ of habeas corpus to release an adult from jail as a result of a child support or child custody contempt proceeding, that would be Form 35-1 and 35-2 of the Texas Family Law Practice Manual.

You can purchase the Manual at...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Landlord-Tenant Case in Tarrant County: Rights and Next Steps

I am a plaintiff in a landlord-tenant case in Tarrant County. The Justice Court JP1 ruled in my favor, but the defendant has filed an appeal and submitted a statement of inability to pay the court fees. However, the defendant has failed to deposit the required rent payment into the court registry... View More

John Michael Frick
John Michael Frick
answered on Jun 18, 2024

If rent has not been deposited into the registry of the court by the tenant as required by law, you can request the issuance of a writ of possession. The statement of inability to pay only excuses payment of court filing fees, not rent.

4 Answers | Asked in Estate Planning and Probate for Texas on
Q: How do I make sure my wife gets everything if I die? I want no claims for previous kids

I live in Texas

Beth Ann Serafini-Smith
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Beth Ann Serafini-Smith
answered on Jun 18, 2024

In order for your assets to go to a specific person, you need a valid Texas Will to handle your probate assets, or you need to name that person as the beneficiary on the assets/accounts for non-probate assets.

Failure to do do either of those may give others a right to those assets, or...
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4 Answers | Asked in Estate Planning and Probate for Texas on
Q: How do I make sure my wife gets everything if I die? I want no claims for previous kids

I live in Texas

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr
answered on Jun 18, 2024

The easiest way to make sure everything goes to your wife is to provide for her in a Will that complies with all formalities required in TX. Generally, you need two witnessed that are in your presence when you sign your Will declaring to them its your Will and you are requesting them to witness you... View More

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4 Answers | Asked in Estate Planning and Probate for Texas on
Q: How do I make sure my wife gets everything if I die? I want no claims for previous kids

I live in Texas

Gratia "Grace" P. Schoemakers
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answered on Jun 19, 2024

Making a Will or a trust with your wife as only person to inherit would be a good start. Then like my colleague say, ensuring that your beneficiary designations are up to date, as well as any POD designations on accounts, and if applicable transfer on death designations on your home and... View More

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1 Answer | Asked in Estate Planning for Texas on
Q: Common law spouse died. We have 2 kids,1 minor. We share NO finances. Am I obligated to his debt? Can I claim spouse SS?
John Michael Frick
John Michael Frick
answered on Jun 18, 2024

As a general rule, a spouse is not liable for a debt incurred by the other spouse unless the debt was incurred for "necessaries" (e.g. food, clothing, shelter) or the spouse was acting as an agent for the other spouse. Obviously, if you had jointly signed on a debt or filed a joint tax... View More

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: My mother died in Tx and her executrix, my sister, lives in Ca. I live in Tx. How do we change me to the executor?

Mother's only property is checking and savings account in California and a checking account in Texas. My sister and I are a co-owners of the California account and I'm the principal owner of the Texas account. Total value is under $70,000.

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr
answered on Jun 18, 2024

I notice you refer to your sister as executrix. Is this based on the writing of the Will or did you go through probate? A Will has no legal effect until it has been deemed to comply with all the laws of the state, typically by going through probate. If your sister was appointed by a probate court... View More

1 Answer | Asked in Criminal Law, Divorce and Domestic Violence for Texas on
Q: Can my husband put me.in jail lying to police saying I did drugs planting them on me in my sleep

My husband, diagnosed as a clinical psychopath since his youth, has controlled me for 25 years. He limits my access to money, forces me to handle all financial responsibilities, and threatens eviction if I don't comply. Despite supporting him through addiction treatments and legal issues,... View More

John Michael Frick
John Michael Frick
answered on Jun 17, 2024

With respect to the criminal charge, if you are indigent, you will receive a court-appointed attorney.

Since you maintain that you are innocent of the charges, you should secure a hair follicle drug test as soon as possible to corroborate your testimony that the drugs were planted and do...
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1 Answer | Asked in Divorce and Family Law for Texas on
Q: My husband and I are seperated I have 2 vehicles in my name only. 1 before marriage 1 after. Can he take either car?

He currently has the 1 before we were married that is in my maiden name and refuses to make payments and will not return it. Its now in repo. He is ruining my credit. He has not contributed financially to anything. we were together only 3 months once he came home from prison and has not... View More

John Michael Frick
John Michael Frick
answered on Jun 17, 2024

During a divorce, all property owned or possessed by either spouse is presumed to be community property. That presumption can be overcome by clear and convincing evidence proving, for example, that you bought the property (i.e. the car) before your date of marriage. Because motor vehicle titles... View More

1 Answer | Asked in Animal / Dog Law for Texas on
Q: This shelter claims my dog is there property . I never gave consent for my dog to get vaccinated.
John Michael Frick
John Michael Frick
answered on Jun 17, 2024

If a shelter can establish that the dog belongs to it, the shelter does not require your consent to vaccinate the dog.

If a shelter cannot establish that the dog belongs to it and you prevail in proving the dog belongs to you, you will still have to prove that the fair market value of your...
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2 Answers | Asked in International Law, Mergers & Acquisitions and Business Law for Texas on
Q: We sold our company in Sept 2023 to two Mexico investors, need help come 9/20/24 when sellers note is due can you help?

Seller's note is contingent upon gross revenue of $2.85 million and paid out monthly for 4 years each year 120K The gross revenue will not be attained due to new buyers non performance. New owner is not a citizen of the US and is a 26 yr old son of one of the investors and has no interest in... View More

John Michael Frick
John Michael Frick
answered on Jun 17, 2024

You should contact an attorney experienced in the area of practice called business litigation in or near the county specified in the forum selection clause in the sale agreement, or in the county where the new owner resides if he is the promisor on the note, or in the county where the... View More

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2 Answers | Asked in International Law, Mergers & Acquisitions and Business Law for Texas on
Q: We sold our company in Sept 2023 to two Mexico investors, need help come 9/20/24 when sellers note is due can you help?

Seller's note is contingent upon gross revenue of $2.85 million and paid out monthly for 4 years each year 120K The gross revenue will not be attained due to new buyers non performance. New owner is not a citizen of the US and is a 26 yr old son of one of the investors and has no interest in... View More

James L. Arrasmith
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answered on Jun 19, 2024

I understand your concerns about the upcoming meeting on September 20, 2024, regarding the seller's note payment. It seems that the new owners have not been performing as expected, which may result in a lower payout than initially agreed upon. Given the complexity of the situation, involving... View More

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1 Answer | Asked in Real Estate Law for Texas on
Q: How can someone sign a warranty deed after divorce 2015/2016 and 2022 getting half of the sale from the house?

The house was in my ex husbands name only, but yet one piece of paper was signed as married couple even though he was divorced from his second wife.

I don’t understand how she was still able to be part of the sale after signing a warranty deed.

He signed the papers in may 2022... View More

Anthony M. Avery
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answered on Jun 17, 2024

As an ex spouse you have no standing nor interest in this matter. If you have children by the Deceased, then they might be heirs and need to hire a TX lawyer to quiet title in themselves. Many title companies will have spouses sign deeds even though they have no interest except if the other... View More

1 Answer | Asked in Animal / Dog Law for Texas on
Q: Question on dog bite on person.

Question on dog bite on person. 

A neighbors dog got out and ran on our property and was aggravating our dog. 

Our dog broke the fence picket and got into a fight with neighbors dog in our front yard. A neighbors handyman came and tried to break up the dogs and his leg got bite... View More

John Michael Frick
John Michael Frick
answered on Jun 17, 2024

Both you and your neighbor were likely negligent per se by failing to keep your dog in your own respective yards. In a lawsuit, a judge or jury will allocate responsibility between you based on all of the facts and circumstances and may allocate some degree of responsibility to the handyman for... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Advice Needed: Eviction Case Appeal Due to Defendant's Statement of Inability to Afford

Dear Legal Experts, I am seeking advice regarding an eviction case where the defendant has appealed the judgment by filing a Statement of Inability to Afford Payment of Court Costs. The defendant has claimed that they are receiving various forms of government aid, including utilities assistance,... View More

John Michael Frick
John Michael Frick
answered on Jun 17, 2024

During an appeal from an eviction case, an indigent defendant can file a Statement of Inability to Afford Payment of Court Costs to avoid paying upfront the court filing fees associated with the appeal. This Statement, however, does not excuse the defendant from paying rent during the pendency of... View More

1 Answer | Asked in Probate for Texas on
Q: How can someone sign a warranty deed after divorce 2015/2016 and 2022 getting half of the sale from the house?

His second ex wife signed a warranty deed.

The house was in my ex husbands name only, but yet when the house was sold one piece of paper was signed as married couple even though he was divorced from his second wife

He signed the papers in may 2022 and June he was deceased... View More

John Michael Frick
John Michael Frick
answered on Jun 17, 2024

Your question is a bit confusing. There is no prohibition on someone signing a warranty deed after a divorce. After a divorce, either ex-spouse is free to sign a warranty deed conveying real property awarded to that ex-spouse in the divorce or conveying real property bought or inherited by that... View More

1 Answer | Asked in Criminal Law, Divorce, Domestic Violence and Family Law for Texas on
Q: Can my husband put me.in jail lying to police saying I did drugs planting them on me in my sleep

My husband, diagnosed as a clinical psychopath since his youth, has controlled me for 25 years. He limits my access to money, forces me to handle all financial responsibilities, and threatens eviction if I don't comply. Despite supporting him through addiction treatments and legal issues,... View More

Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on Jun 17, 2024

It is unfortunate that your husband would do such a thing after supporting him for 25 years. You will need to hire an attorney to argue your legal defense and obtain the best possible outcome which should be the dismissal of your case under the provided facts and circumstances. If you do not have... View More

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Texas on
Q: Hello, I live in Texas and also have a disability and was fired after my employer yelled at me and told me to “do my job

I then responded accordingly as to defend myself from the disrespect. That is what led into me being fired a few weeks later. Basically because of my response instead of the employer yelling at me and telling me to do my job. I have reached out to HR several times but I have not gotten a response.... View More

James L. Arrasmith
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answered on Jun 15, 2024

I'm sorry to hear about your situation. Given that you live in Texas and have a disability, you might have legal recourse if you believe your termination was unjust or related to your disability. It's important to document all interactions with your employer and HR, including the incident... View More

1 Answer | Asked in Constitutional Law, Business Law and Gov & Administrative Law for Texas on
Q: If an individual is Iranian citizen, but also American permanent resident simultaneously,

who owns a business in the US, and is looking to bid on a contract that is not in connection with critical infrastructure, does the government code section 2274.0102 still apply?

Thank you

James L. Arrasmith
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answered on Jun 15, 2024

Government Code section 2274.0102 focuses on restricting contracts with certain foreign-owned entities, particularly when it comes to critical infrastructure. Since the contract in question is not connected with critical infrastructure, this specific section might not apply directly.... View More

1 Answer | Asked in Consumer Law for Texas on
Q: Do I have to pay for repairs on my bicycle if they broke my bike

I took my bicycle in for repairs and they said it fell over and broke a part

James L. Arrasmith
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answered on Jun 15, 2024

If you took your bicycle in for repairs and the shop damaged it by letting it fall over, you should not be responsible for paying for the damages they caused. Generally, repair shops have a duty of care to protect customers' property while it's in their possession. If they failed to do... View More

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