Texas Questions & Answers

Q: As a widow of a 100% disabled veteran, I want to know my rights as my husband died without a will.

1 Answer | Asked in Military Law, Estate Planning and Probate for Texas on
Answered on Sep 19, 2017

Whether you need to go to court to probate your husband's estate in an heirship proceeding or can file an Affidavit of Small Estate (available on your county probate court's website or from the court) depends on what your husband left. In Texas if he left no debts other than those secured by real estate, a home, no more than $60,000 in household goods and personal effects and no more than an additional $75,000 (for example, in bank accounts), you can file an Affidavit of Small Estate for a...
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Q: Fell at work,tore rotator cuff,can't move arm,surgery denied by wc, waiting on 2nd request. normal? Use of one arm

1 Answer | Asked in Workers' Compensation for Texas on
Answered on Sep 18, 2017

There are many different reasons that a shoulder surgery may denied. Your best bet is to contact a workers compensation attorney to discuss the matter. We will need specific facts. I will be in jury trial all this week. My secretary will be here. She is pretty familiar with the rules. It looks like you live in Katy, TX. You might want to contact a lawyer in Houston, TX if possible. Most lawyers will give you a free evaluation over the telephone.
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Q: How I can resolve an improper petition to interplead funds?

1 Answer | Asked in Contracts, Personal Injury, Civil Litigation and Legal Malpractice for Texas on
Answered on Sep 18, 2017

Get a consult from a member of the Texas Trial Lawyers Assn who handles malpractice--they give free consults.
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Q: my mom was willed her mom home but she had brothers who werent my mom passed will it to my dad how does that work

1 Answer | Asked in Estate Planning for Texas on
Answered on Sep 18, 2017

An attorney would need to look at the will, the deed and the various estates to answer your question.
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Q: Does the Executor of the will have any legal responsibility to communicate with the other beneficiaries? Any time frame?

1 Answer | Asked in Probate for Texas on
Answered on Sep 18, 2017

Yes, and there are specific obligations as to what documents need to be prepared and in what time frame they need to be filed with the court and shared with the heirs/beneficiaries.

If you are asking this I assume you do not have a local lawyer. You SHOULD! The 'value add' of having a lawyer help you is 1) you get answers to things like this immediately, and 2) you have someone who knows what is required in YOUR location to insure things happen properly.

I'd urge you to...
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Q: Can I buy a car while in chapter 7 bankruptcy. I've already had my 341 meeting and have been told it is ok.

1 Answer | Asked in Bankruptcy for Texas on
Answered on Sep 16, 2017

Based on your statements, I would say yes, but please check with your counsel, because if there are exempt funds or non exempt being used, the trustee might have to be contacted.
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Q: Can I file I-130 petition for my wife and son who is 7yrs old.

1 Answer | Asked in Immigration Law for Texas on
Answered on Sep 15, 2017

Yes, it could become an issue. I have represented people with similar issues. We were honest from that point forward and explained what happened. The government can be forgiving if you have a good reason, but forgiveness cannot be guaranteed.
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Q: I have some assets left but need to file for bankruptcy. Can I gift them to my kids to "hide" them so they aren't taken?

2 Answers | Asked in Bankruptcy for Texas on
Answered on Sep 15, 2017

No, you should not. Speak with a bankruptcy attorney and see how to best use the exemptions allowed in your state or under the federal scheme
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Q: I want to petition my husband for permanent residency, we arrived two weeks ago, how long do I have to wait to file

1 Answer | Asked in Immigration Law for Texas on
Answered on Sep 15, 2017

I am assuming that you are a U.S. citizen. If so, then you can go ahead and file for him now. Since he entered with inspection, he can change his status to that of a lawful permanent resident while in the U.S. While the case is pending, he can get work and travel authorization.
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Q: If someone dies and they have will does the deceased go automatically into probate?

1 Answer | Asked in Estate Planning and Probate for Texas on
Answered on Sep 15, 2017

The executor or other person holding the Will must present it to the local probate court. Contact a local probate lawyer for help.
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Q: My mom just passed. I am her only child no property, cc, or will but some medical bills. Do I need to go thru probate?

1 Answer | Asked in Probate for Texas on
Answered on Sep 14, 2017

If your mother left no more than a home, up to $60,000 in household goods and personal property and up to $75,000 in other property -- and no Will -- you and the other heirs need only file an Affidavit of Small Estate, available at your county probate court and/or on its website. Since about half are bounced back for errors, you might want to pay an attorney to review and efile it for you. This should still cost only between 1/3rd and 1/2 the cost of probating and Will. You will probably get...
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Q: My Fiancé and I want to get married by justice of the peace but idk how it would work if he is an illegal immigrant.

1 Answer | Asked in Immigration Law for Texas on
Answered on Sep 14, 2017

He just needs a government issued ID, such as a passport to get married. If you are a US citizen and want to sponsor him for residence, he will probably need waivers and may have to Consular Process. I encourage you to schedule a consultation with a competent attorney.
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Q: Can my husband fix my papers even if we are planning on getting divorced?

1 Answer | Asked in Divorce and Immigration Law for Texas on
Answered on Sep 14, 2017

You have to prove that you are in a bona fide marriage relationship, so if you are planning on divorcing it will probably not work. That is especially true if you are in the process of divorce while your adjustment of status petition is pending. If there is a chance that you can reconcile, then you should consider filing a petition.
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Q: My grandmother and I purchased a home in League City together 15 years ago and she passed without a will.

1 Answer | Asked in Probate for Texas on
Answered on Sep 14, 2017

It depends a GREAT deal on how the deed was technically structured. if your name is on the deed with some sort of survivorship characteristic, you may be fine and need to do nothing other than insure the mortgage is paid on time. If that is NOT the case, depending on how things are structured you may have other options, but without seeing everything it is impossible to say for sure.

I'd urge you to consult with a local probate / real estate attorney to review all the paperwork and...
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Q: If I think voter fraud has occurred at my local precinct, who do I speak to about this to ensure it's looked into?

1 Answer | Asked in Election Law for Texas on
Answered on Sep 13, 2017

I'd talk to the County Clerk, unless you think that's the source of the fraud. Perhaps then turn to your State's Attorney. If you don't get any traction, you might raise the issue with the chairman of the county party adversely impacted by the fraud. They may be able to get more traction in pursuing it and put more resources into getting at the truth.

That said, actual voter fraud is extremely rare.
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Q: I cannot provide an incident date for a work related injury. Can I file a claim still?

1 Answer | Asked in Personal Injury and Workers' Compensation for Texas on
Answered on Sep 13, 2017

Hi, you laid out your question in a clear concise manner so I hope I can provide the same type of answer for you. The type of injury you apparently have is called a repetitive trauma or occupational disease type injury. These type of injuries are notorious for having a date of injury that can be very difficult to pin point. However I will give you some tips that will hopefully give you an advantage. ( I was a judge with the DWC appeals panel and I wrote more than one decision reversing hearing...
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Q: If a doctor had made a medical error from leaving a wire from a bone stimulator does that require medical error?

1 Answer | Asked in Medical Malpractice for Texas on
Answered on Sep 11, 2017

Contact a member of the Texas Trial Lawyers Assn who handles medical carelessness cases. The problem is the legislature in Texas protects bad doctors so you may in fact not have a case because of a statute of limitations written not to protect you, the innocent consumer, but to protect the doctors from their patients!
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Q: if I am on 100% WC and my husband takes a job in 4 hrs away I would have to quit my job.If that happens,how will WC wor

1 Answer | Asked in Workers' Compensation for Texas on
Answered on Sep 11, 2017

I you are not working and your employer has not offered you any restrictive duty, then you might not want to quit your job. On the other hand, if you are working on restrictions and you move away, then you likely would not be entitled to receive workers' comp income benefits (TIBs). The reason you can't work is not because you are injured, but because you moved.
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Q: My grandma in Houston is in the final stages of cancer. I will attend her funeral but must return to new job Arlington.

1 Answer | Asked in Probate for Texas on
Answered on Sep 10, 2017

If your grandmother wants, she can grant you a Durable Power of Attorney. That would be effective only during her life. It is not clear what important papers you seek or why she could not just hand them to you or tell you where they are, which would be necessary also with a Durable Power of Attorney. When she dies, the Durable Power of Attorney has no effect. Her Will presumably names someone as Executor. That person, or any beneficiary, can present the Will to the Harris County Probate...
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Q: How can I ensure my side is represented when my aunt’s lawyer files a petition for instructions from the court?

1 Answer | Asked in Estate Planning for Texas on
Answered on Sep 10, 2017

You can hire a lawyer to file an Interpleader. You might want to read the petition asking for instructions first.
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