Texas Questions & Answers by Practice Area
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Texas Questions & Answers
Q: My mother died recently. Her only property was a small home worth about $80,000 which she owned free and clear.
Tammy Lyn Wincott's answer
When you say you have the deed, do you mean physically hold the deed or it has been put in your name? If a deed is not in your name and a will is known to exist, it's necessary to request that will be admitted to probate and have a judge declare it valid otherwise it doesn't mean anything and gives no legal standing.
When you say you have the deed, do you mean physically hold the deed or it has been put in your name? If a deed is not in your name and a will is known to exist, it's necessary to request that will be admitted to probate and have a judge declare it valid otherwise it doesn't mean anything and gives no legal standing.
Q: If I am listed as a spouse on a death certificate may I legally change my name
Tammy Lyn Wincott's answer
One has nothing to do with the other. A person can generally change their name in Texas whether they do it because of marriage or not.
One has nothing to do with the other. A person can generally change their name in Texas whether they do it because of marriage or not.
Q: I have a Notice of Excess Funds. Is there a way to extend the deadline?
Tammy Lyn Wincott's answer
I suggest consulting directly with an attorney on this as a lot more details would need to be known before any good advice can be given. Further, don't take or not take action according to answers you receive on a forum. Forums are good for general information; however, they are not meant to give direct advice and do not create any attorney/client relationship.
I suggest consulting directly with an attorney on this as a lot more details would need to be known before any good advice can be given. Further, don't take or not take action according to answers you receive on a forum. Forums are good for general information; however, they are not meant to give direct advice and do not create any attorney/client relationship.
Q: Is it right for the probation officer is doing?
Tammy Lyn Wincott's answer
This question does not belong in the "probate" category as "probate" refers to the handling of a deceased person's estate and is not the same as probation. Please re-ask under the appropriate category.
This question does not belong in the "probate" category as "probate" refers to the handling of a deceased person's estate and is not the same as probation. Please re-ask under the appropriate category.
Q: Why would a judge rule insufficient on an affidavit but approve motion to petition? What makes an affidavit insufficien?
Tammy Lyn Wincott's answer
You need to speak directly with your attorney regarding this as another attorney cannot give you advice when you are already represented.
Generally speaking scheduling a hearing and acceptance of a petition are two different things. For example, many times a person may file a petition and the Court is only allowed to schedule a hearing if the correct information is contained in the affidavit (not all cases require affidavits for hearings). Filing a petition and being assigned a case...
You need to speak directly with your attorney regarding this as another attorney cannot give you advice when you are already represented.
Generally speaking scheduling a hearing and acceptance of a petition are two different things. For example, many times a person may file a petition and the Court is only allowed to schedule a hearing if the correct information is contained in the affidavit (not all cases require affidavits for hearings). Filing a petition and being assigned a case...
Q: My 12 year old wants to know if he can get his own lawyer and go to court and ask the judge to stop making him talk to
1 Answer
| Asked
in
Family Law, Child Custody and Juvenile Law
for
Texas
on
Answered on May 29, 2017
Answered on May 29, 2017
Tammy Lyn Wincott's answer
If there is enough evidence you can petition the court for sole custody and perhaps, limit the father's access. At 12, you are your son's legal advocate unless the Court finds it necessary to appoint an attorney for him; however, although he may be 12, he is still a minor and you are responsible. Best wishes.
If there is enough evidence you can petition the court for sole custody and perhaps, limit the father's access. At 12, you are your son's legal advocate unless the Court finds it necessary to appoint an attorney for him; however, although he may be 12, he is still a minor and you are responsible. Best wishes.
Q: My ex took my son to a counselor without confirming the appt with me, she only will notify me of a Dr appt with
Tammy Lyn Wincott's answer
I suggest presenting the medical provider with a certified copy of your custodial rights and formally request a copy of your son's record. Perhaps, you could file a complaint with the medical board. You may have to take his father to court in order to enforce his obligation to give you medical information and if it's not in your order, modify it so you don't have as many difficulties with him in the future. There are times the Court can place a person in jail for failure to follow the...
I suggest presenting the medical provider with a certified copy of your custodial rights and formally request a copy of your son's record. Perhaps, you could file a complaint with the medical board. You may have to take his father to court in order to enforce his obligation to give you medical information and if it's not in your order, modify it so you don't have as many difficulties with him in the future. There are times the Court can place a person in jail for failure to follow the...
Q: My son's father filed bankruptcy. What can I do at the child support office to enforce the child support case?
Tammy Lyn Wincott's answer
Child Support is not dischargeable in Bankruptcy. You should speak with the child support office if they have handled your case; however, I suggest consulting with a bankruptcy attorney who can assist you in filing a claim if needed. Best wishes.
Child Support is not dischargeable in Bankruptcy. You should speak with the child support office if they have handled your case; however, I suggest consulting with a bankruptcy attorney who can assist you in filing a claim if needed. Best wishes.
Q: My wife did the interview and they asked her for my previous marriage divorce certificate, is that gonna be a problem?
Tammy Lyn Wincott's answer
Any previous marriages from either person must be disclosed and a certified copy of the divorce presented for your case file. I suggest obtaining one and getting it in your file according to how you are instructed. Don't delay. Best wishes.
Any previous marriages from either person must be disclosed and a certified copy of the divorce presented for your case file. I suggest obtaining one and getting it in your file according to how you are instructed. Don't delay. Best wishes.
Q: Can I ask for my daughter back ato a status hearing?
Tammy Lyn Wincott's answer
You should have a lawyer assisting you with this if the children were removed under a legal proceeding. Please consult with your lawyer to move forward in getting your daughter back as soon as possible.
You should have a lawyer assisting you with this if the children were removed under a legal proceeding. Please consult with your lawyer to move forward in getting your daughter back as soon as possible.
Q: I'm a mother of 2 boys have been with my husband for 16 years which have been hell I'm a victim of domestic violence
Tammy Lyn Wincott's answer
You need to consult with a family violence attorney or center for family violence. Additionally, you may have a claim for VAWA - which is a way to gain legal immigrant status based on being a victim of family violence. You might go to a family violence shelter, sometimes called a Women's Shelter, if the situation warrants. A person cannot hold someone's illegal immigrant status over them as a way to make them behave how they want (I know the reality is that it happens every day); however,...
You need to consult with a family violence attorney or center for family violence. Additionally, you may have a claim for VAWA - which is a way to gain legal immigrant status based on being a victim of family violence. You might go to a family violence shelter, sometimes called a Women's Shelter, if the situation warrants. A person cannot hold someone's illegal immigrant status over them as a way to make them behave how they want (I know the reality is that it happens every day); however,...
Q: I am in Texas how do I file temporary separation when hee in tn
Tammy Lyn Wincott's answer
Texas does not have "legal or Temporary Separation". You might file for divorce; however, that would depend on how long you have resided in Texas and the particular county.
When divorce is filed, you can request the Court issue Temporary Orders to be in place during the divorce process (a divorce must be on file for 60 days before finalizing and depending on how difficult the case is may take much longer).
If you feel you are in danger, please seek protection. There is an...
Texas does not have "legal or Temporary Separation". You might file for divorce; however, that would depend on how long you have resided in Texas and the particular county.
When divorce is filed, you can request the Court issue Temporary Orders to be in place during the divorce process (a divorce must be on file for 60 days before finalizing and depending on how difficult the case is may take much longer).
If you feel you are in danger, please seek protection. There is an...
Q: Do I have to get my will notarized?
Terry Lynn Garrett's answer
In Texas a Will must be signed, dated and witnessed by two people. It should attach a Self-Proving Affidavit which is signed, dated, witnessed by those two people and notarized. This avoids the problem of having to track them down and ask them to testify in court that the Will presented is the Will which they saw you sign and that you asked them to witness it.
In Texas a Will must be signed, dated and witnessed by two people. It should attach a Self-Proving Affidavit which is signed, dated, witnessed by those two people and notarized. This avoids the problem of having to track them down and ask them to testify in court that the Will presented is the Will which they saw you sign and that you asked them to witness it.
Q: To Terry Lynn Garrett: How could I obtain a deed for my deceased mother's home?
Terry Lynn Garrett's answer
If your mother has died, you will want to get the deed, with title insurance, in the name of her heirs (or, if she left a Will, her beneficiaries. A title company will issue a title insurance policy based on an Affidavit of Heirship. A court will not enforce an Affidavit of Heirship until five years have passed with no one coming forward to challenge it.
Many attorneys believe that the better approach is to probate the estate by filing an Application for Determination of Heirship and...
If your mother has died, you will want to get the deed, with title insurance, in the name of her heirs (or, if she left a Will, her beneficiaries. A title company will issue a title insurance policy based on an Affidavit of Heirship. A court will not enforce an Affidavit of Heirship until five years have passed with no one coming forward to challenge it.
Many attorneys believe that the better approach is to probate the estate by filing an Application for Determination of Heirship and...
Q: What could I do if my brother has changed the locks on my Mom's home that is heired to my oldest brother and I?
Terry Lynn Garrett's answer
Is it your oldest brother or a different brother? Do you have a deed to show the police?
Is it your oldest brother or a different brother? Do you have a deed to show the police?
Q: Could my brother and I remove my other brother from the affidavit of heirship and have him evicted from my Mom's home?
Terry Lynn Garrett's answer
No. If he was born an heir, he is an heir.
If there is a landlord-tenant problem, please repost your question with more information under landlord-tenant.
No. If he was born an heir, he is an heir.
If there is a landlord-tenant problem, please repost your question with more information under landlord-tenant.
Q: My Grandparents in law were taken advantage of by two of their children. They have taken the money/property.
Terry Lynn Garrett's answer
Any beneficiary of a Will or heir of an estate with no Will can apply to probate an estate. When someone dies intestate, the heir must apply for a determination of heirship.
Any beneficiary of a Will or heir of an estate with no Will can apply to probate an estate. When someone dies intestate, the heir must apply for a determination of heirship.
Q: My aunt did not call 911 when my father was dying can i sue her for wrongful death?
Peter Munsing's answer
You could but you'd have to pay a lawyer. She should've called 911. You can make a police referral if you think it was willful.
You could but you'd have to pay a lawyer. She should've called 911. You can make a police referral if you think it was willful.
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