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Texas Questions & Answers

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on

Q: Hi , I wanted to see if Qualify f qualify or a lawyer? I need help for child support? I can’t really pay much..

I have court October 17th

Rahlita D. Thornton answered on Aug 23, 2019

The Office of Attorney General may be able to assist you. Not sure what the court date is for but contact their office to see if you can get help.

2 Answers | Asked in Family Law for Texas on

Q: is it mandatory for a custody case to be transferred to another county?

I'm currently trying to get back custody of my son but am being told the hold up is the case needs to be transferred but the opposing attorney isn't doing anything.

Jon R. Boyd answered on Aug 23, 2019

Hi - I assume both parties and the child live in Texas and the original order was in Texas?

If so, under Texas law, if the child has been living in another county in Texas for at least 6 mos. (besides the county where the case has been handled thus far), and if a party timely requests a...
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2 Answers | Asked in Energy, Oil and Gas for Texas on

Q: I am a creditor in an Chapter 11 Bankruptcy case . I inherited land which produces / pumps oil. This land was inherited

My question is. Can the Oil Company get out of paying my family it's Royalties?? There's millions owed to us. We are unsecured creditors. How can we become a ""Priority" in this case? Help... Court has been through a 3x's Arbitration(?) Final Hearing is set for Sept 10. All petitions must be in... Read more »

Aimee Hess answered on Aug 23, 2019

In most cases, an oil company in bankruptcy must pay current royalties to its mineral owners with whom it has active oil and gas leases. Past royalties are often treated as claims against the bankruptcy estate. Whether the claim is secured or unsecured, or priority or nonpriority, depends on the... Read more »

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1 Answer | Asked in Consumer Law and Business Law for Texas on

Q: can a car dealership choose which customer gets warranty on vehicle

Tim Akpinar answered on Aug 23, 2019

As a general matter, dealerships don't usually care which customer gets a warranty as a personal matter. However, they can choose in the sense of someone getting a warranty and a subsequent buyer of the vehicle attempting to enforce it. That would depend on whether the warranty was transferrable or... Read more »

1 Answer | Asked in Divorce, Estate Planning and Elder Law for Texas on

Q: Is spouse's Defined Benefit Pension part of QDRO? Even though spouse selected single life annuity & no death benefits?

Terry Lynn Garrett answered on Aug 22, 2019

What will go into the QDRO is a matter of negotiation.

1 Answer | Asked in Criminal Law for Texas on

Q: can the D.A. bring up a case the is over 20 years old and add it to a new case to make the crime habitual?

Roy Lee Warren answered on Aug 22, 2019

Possibly, but it depends on the particular situation. The DA can make an enhancement allegations (from previous crimes) to increase the range of punishment, but you for sure will need the assistance of a lawyer. I do not believe it is fair to use previous criminal convictions to increase the level... Read more »

1 Answer | Asked in Workers' Compensation for Texas on

Q: Can an injured worker pay a consultant for review of his/her w/c file vs an attorney?

Roy Lee Warren answered on Aug 22, 2019

Yes, I believe so. While a lawyer c/n be paid directly by an injured worker (IW), I do not recall any prohibition on what you ask. However a medical provider is forbidden from sending bills to IWs but you ask about a consulting expert type of person.

1 Answer | Asked in Estate Planning, Elder Law and Probate for Texas on

Q: Texas laws: Can A Guardian of an elderly mother, who is incapacitated, withdraw funds from her mother's living trust?

Mother & father are settlors, primary beneficiaries, & co-trustees. Mother has been incapacitated. Father has been grossly negligent in his fiduciary duties as co-trustee. He has withdrawn/spent large amounts from the trust for his own benefit & didn't use any of the withdrawals for mother. Father... Read more »

Terry Lynn Garrett answered on Aug 22, 2019

The rights of an incapacitated co-trustee of a revocable living trust depend on what the trust document says. Most revocable living trust documents state that the co-trustee, in this case the husband, shall make all decisions in that event. Similarly, most revocable living trust documents state... Read more »

1 Answer | Asked in Divorce, Estate Planning and Elder Law for Texas on

Q: Texas--Elderly parents retired & divorcing. Is wife entitled to husband's defined benefit pension plan?

Husband chose single life annuity monthly payments on his pension so he is currently receiving 100% pension payments. His pension will end at his death so wife will get nothing. Can wife claim part of his monthly pension payments when divorce is completed? Or can wife claim lump sum payment based... Read more »

Terry Lynn Garrett answered on Aug 22, 2019

The safest way to handle this may be to get a Qualified Domestic Relations Order as part of the divorce decree.

1 Answer | Asked in DUI / DWI for Texas on

Q: Maybe reduced. But was a deferred adjudication

Michael Hamilton Rodgers answered on Aug 21, 2019

Please ask a question. But just for information puroses, deferred adjudication probations are not allowed in DWI cases in Texas. If probation is granted in a Texas DWI, it is only granted after a defendant is found guilty (i.e., convicted) of the offense, so it can never be deferred.

2 Answers | Asked in Criminal Law for Texas on

Q: I was arrested on bogus stalking charges 145 days ago, I have not heard anything from the courts what do I do?

I can’t have this hanging over my head, I don’t have money for a lawyer, what can I do to help myself?

Michael Hamilton Rodgers answered on Aug 21, 2019

Contact the criminal section of the County Clerk's Office in the county where the offense is alleged toi have happened.

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1 Answer | Asked in Child Custody for Texas on

Q: I'm unmarried can i leave my child with the father

Rahlita D. Thornton answered on Aug 21, 2019

You can leave the child with the father. However, there may be other issues that you need to be resolved.

1 Answer | Asked in DUI / DWI for Texas on

Q: I was recently charged with a dwi 2nd my first one was in 1993 and was a no contest deferred adjudication. is that fair

Can I still be charged for a 2nd

Grant St Julian III answered on Aug 21, 2019

Deferred adjudication was not available on a DWI case in 1993. Was the charge reduced or changed?

2 Answers | Asked in Criminal Law for Texas on

Q: I’m on probation and am worried I failed my second drug test. What should I expect the next time I go to see my PO?

Neither of the offenses I’m on probation for are drug related. I failed a drug test for the first time and completely stopped smoking, I got tested again about 30 days later and am worried I didn’t pass. I took an at home test and passed two and the third one came up positive for thc. I’m... Read more »

Grant St Julian III answered on Aug 21, 2019

I understand you worries, but there's nof much you can do now. Your UA will come back clean or not. You will be continued on probation or revoked. Call your attorney. Good luck.

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2 Answers | Asked in Consumer Law and Civil Litigation for Texas on

Q: My friend is not repaying money which I lent.I have text msgs as proof that I lent him money.How can I get my money back

My friend was investing in a business with his partner and was looking for money. I lent him some money for which he said he would give me a share in the business he is investing. He came back later and said that his partner cheated on him so he is unable to repay me. There are text messages in... Read more »

Gary Kollin answered on Aug 21, 2019

Sue him

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1 Answer | Asked in Bankruptcy, Civil Litigation, Contracts and Real Estate Law for Texas on

Q: Ex-boyfriend filing bankruptcy, will it affect me when we have a notarized promissory note?

I am a co-owner of my house (that my parents paid for) with my ex-boyfriend and we are separated because he had an affair. Both of our names are on the deedWe both had an agreement about things after he left the house. We have a co-signed home equity loan of about

Timothy Denison answered on Aug 20, 2019

Unless his name is on the deed, he has no claim to the property. He will likely be released from the promissory note on the house, but as long as you make the payment, nothing should happen to you.

2 Answers | Asked in Car Accidents, Consumer Law, Libel & Slander and Wrongful Death for Texas on

Q: Where and how could I find the copy of a thirty year old out of court settlement resulting from a wrongful death case?

Almost thirty years ago, my husband died in a car accident in which I was badly hurt too. A wrongful death case was brought against the party responsible and eventually settled out of court. Now, the brothers of my deceased husband have filed a criminal case in another country against myself,... Read more »

Peter N. Munsing answered on Aug 20, 2019

if it was an estate then the estate would have been set up in the county where it happened. That would have shown if there were heirs.

In most states, and I believe in Texas, the spouse gets everything unless there are children. Brothers get zero. That's if there is no will. Even if there...
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1 Answer | Asked in Criminal Law and Immigration Law for Texas on

Q: What type of lawyer does it need? Criminal or immigration or both?

A member of our community is currently in jail for Fraud use /Poss. of ID, Failed to ID, and ICE hold. Before that event, he was on an ICE bail. He entered with the United State with a different name. He is now married to an American citizen and 2 kids (with different mothers). He has a currently... Read more »

Gary Kollin answered on Aug 20, 2019

Both.

1 Answer | Asked in Probate for Texas on

Q: I am the only beneficiary on the will. Do I have rights to enter the house If the will has not been filed yet?

I lived in the house for 4 years. I left for a week because I found him on the floor and it was hard being there. I just came home and all the locks have been changed by his son. Do I have the right to enter the house?

Tammy Lyn Wincott answered on Aug 19, 2019

I'm sorry for your loss. The will needs to be probated to show who has control and rights to the property. Contact a probate to start the process.

1 Answer | Asked in Criminal Law and Family Law for Texas on

Q: I was arrested in Collin County Texas for possession of a controlled substance and endangerment to a child

I haven't been arrested since 2009 and my last possession charge was in 2002. What do u think I should do? And what may happen in ur opinion?

Grant St Julian III answered on Aug 19, 2019

Do you have felony convictions? If so, the punishment range for the new cases can be enhanced. Get with an attorney to discuss your situation. Good luck.

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