Texas Questions & Answers

Q: Deceased family member, no with children or spouse, And a will.

1 Answer | Asked in Estate Planning for Texas on
Answered on Jan 21, 2018

If the sibling who inherited the house files a disclaimer with the court within nine months following the court's appointment of an executor, the house will become part of the remainder estate and pass as that passes under the terms of the Will. This may or may not mean that the "next family member" will inherit the house. Alternatively, after inheriting the house, the sibling could gift it to the "next family member." Please discuss this with the attorney representing the executor in...
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Q: I live in Texas, the mother of my child lives in Colorado with my son, we have never been married, can I file in Texas?

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Answered on Jan 21, 2018

In 49 states (Massachussettes being the exception), the Uniform Child Custody Jurisdiction and Enforcement Act governs where an initial child custody case can be filed. According to the UCCJEA, a child custody case can be filed in a state if: (1)It is the child’s “home state” (state where the child lived with a parent for at least six consecutive months immediately before the commencement of the custody proceeding); (2) The child has a “significant connection” to that state and there...
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Q: My sister is trying to file for independent administration in a county my mother did not live in. Can she do this?

1 Answer | Asked in Probate for Texas on
Answered on Jan 21, 2018

It should be passed where your mother died or held real property. However, a court with probate jurisdiction does have discretion to accept the filing if it has a reason to find the venue (place of hearing) suitable.
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Q: I own the home in Texas my 87 yr old dad lives in . He became involved with a 48 undocumented woman who wants her citize

1 Answer | Asked in Elder Law, Criminal Law, Immigration Law and Real Estate Law for Texas on
Answered on Jan 21, 2018

You must fence your property and post a "No Trespassing" sign. Talk with your local police department. If the person is exploiting your father financially, report it to Adult Protective Services as well. Telling her that you and your father are taking these steps may help discourage further unwanted visits.
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Q: If an employer tells you they offer insurance but don't give them to you is that illegal??

1 Answer | Asked in Employment Law and Insurance Bad Faith for Texas on
Answered on Jan 21, 2018

Still two days to go. Let 90 days be over and you may remind them of their offer and ask them if that is still in tact. If altered they should have informed you earlier.
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Q: I own 1/4 interest in a ranch. No one lives on the property. If I don't leave my share to anyone, what happens to my

1 Answer | Asked in Estate Planning for Texas on
Answered on Jan 20, 2018

Under the Texas rules of descent, it will pass to your siblings.
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Q: I want to buy this abandoned TM 86405880. "RUTH ANNA THE FLOWER DOLL"

1 Answer | Asked in Contracts and Trademark for Texas on
Answered on Jan 19, 2018

You would have to begin a new trademark application. Obtaining a trademark is not as simple as paying a fee to purchase the name. There are many factors that determine whether a person can obtain a federal trademark. For one, your use of proposed trademark must be tied to a particular business product or service.
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Q: I need to file a small estate affidavit but there is no estate, what do I do?

1 Answer | Asked in Civil Litigation and Probate for Texas on
Answered on Jan 19, 2018

File it with an explanation.
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Q: An 18 year old boy had his parents take away his phone, computer, car and money. He's being held against his will.

1 Answer | Asked in Family Law and Domestic Violence for Texas on
Answered on Jan 18, 2018

They can't physically force him to stay without committing the crime of Unlawful Restraint but they have no duty to provide an 18 year-old with a phone, computer, car, money, or food. They could tell him that if he leaves then he is not welcome to come back but, since it is his residence, they would have to formally evict him if he came back anyway. They can't just lock him out without evicting him first.
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Q: Is it likely the charges would be dropped after filing a affidavit of non proceduction?

1 Answer | Asked in Criminal Law for Texas on
Answered on Jan 18, 2018

If you are trying to help your husband, you should talk to his defense attorney BEFORE filing anything so you don't accidentally undermine the defense strategy.
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Q: As an heir to an estate that's in a revocable trust, am I entitled to a copy of the trust after the creator passes?

1 Answer | Asked in Estate Planning for Texas on
Answered on Jan 18, 2018

If you are a beneficiary of a trust, you can ask the trustee (not the executor of the will) for an accounting.
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Q: I was sexually assaulted 12/26/2017 by my ex boyfriend in grand prairie tx. I didn't go to the police until Jan.

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Texas on
Answered on Jan 18, 2018

The general answer is that the detective will ask a judge to sign an arrest warrant when he has enough evidence to show Probable Cause that an offense was committed in his jurisdiction. After the arrest, the evidence will be forwarded to the District Attorneys office. The D.A. will present the evidence to a Grand Jury, and ask them for an indictment. If the case is indicted, it will be assigned to a District Court.

The specifics may be slightly different depending on which county...
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Q: How do I get my belongings from an ex girlfriend I lived with?

1 Answer | Asked in Criminal Law and Small Claims for Texas on
Answered on Jan 18, 2018

You might try finding a Justice of the Peace precinct map for your county and figuring out which precinct she lives in. Then visit the JP court and ask them for instructions on filing a small-claims case. Sometimes the court staff can even provide printed instructions.
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Q: I have been contacted by someone about giving me a large some of money from another country, what do I need to do legaly

1 Answer | Asked in Criminal Law and Tax Law for Texas on
Answered on Jan 18, 2018

I'm sorry but this is almost certainly a variation of the "Advance Fee Scam." Search for it on the internet, it has been around for years with a slight twist now an then to keep it fresh.
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Q: I got injured at work. Dr said I can go back, but I'll make it worse

1 Answer | Asked in Workers' Compensation for Texas on
Answered on Jan 18, 2018

The general rule is that you must go back to work if your employer can accomodate your work restrictions. You don't have to go back to work, but neither your employer or the wc Carrier will owe your any wages or wage substitution (TIBs). You should really discuss this matter with a qualified workers compensation attorney to get all the details.
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Q: How do you claim heirship when there wasn't a will in probate?

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Texas on
Answered on Jan 18, 2018

When someone dies without a Will, an heir can file an Affidavit for Determination of Heirship and Letters of Independent Administration -- within four years. If all that is in question is one piece of real property, two witnesses who know the family history can sign an Affidavit of Heirship before a notary public. It must be recorded with the deed records of the county clerk where the property is located. An heir or group of heirs who are entitled to at least 20% of the property can then...
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Q: Just recently I was in a car wreck and taken to the hospital. I called my wife at work and told her what all happened.

1 Answer | Asked in Business Law, Personal Injury and Employment Law for Texas on
Answered on Jan 18, 2018

fmla only violated if she puts in the paperwork. This is America--you think it violates a law to not allow an employee time to go to an emergency room? If she left, was fired, she could argue it was not wilful misconduct because she was reacting to an emergency. That's about all the law does for her.
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Q: How long do you have to file probate on a will in irving tx?

1 Answer | Asked in Probate for Texas on
Answered on Jan 18, 2018

Throughout Texas, a Will should be probated within four years of the date of death. If a person did not know there was a Will and later finds it, they can submit it for probate as a Muniment (defense) of Title afterwards.

What your inheritance rights are depends on what the Will said and what you signed.
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Q: Do you have to go to trial if you file bankruptcy?

1 Answer | Asked in Bankruptcy for Texas on
Answered on Jan 18, 2018

In most consumer bankruptcies, you may not even see a bankruptcy judge, at least in our district. You meet the trustee, or one of their attorneys, at the Meeting of Creditors in chapter 7 and 13 cases.

In chapter 7 cases, at least here in the Southern District of Texas, it would be very unusual for you to have a hearing or a court appearance in front of the judge, unless there is some sort of contested matter or unusual circumstance.

In chapter 13, it's possible you would have...
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Q: Need to find out how to secure the rest of my Mom's assests. She is on a fixed income and has been making bad

1 Answer | Asked in Estate Planning and Elder Law for Texas on
Answered on Jan 17, 2018

If your mother has legal capacity to contract, you can talk with her about authorizing someone to be her agent under a Durable Power of Attorney.

If you think that she lacks legal capacity to manage her own financial affairs and a physician will complete a Physician's Certificate of Medical Examination stating this, you can hire an Approved Guardianship Attorney and seek guardianship of her estate. There is a list on the State Bar of Texas website. Many practice in counties...
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