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1 Answer | Asked in Personal Injury for Texas on
Q: In auto accident does the legal team collect FIrst from total awarded settlement? Or medical 1st then 33 legal 66 victm

Should expenses be covered first?

Rahlita D. Thornton
Rahlita D. Thornton answered on Feb 21, 2020

1/3 of total.

1 Answer | Asked in Criminal Law, DUI / DWI and Civil Rights for Texas on
Q: I am disabled in probation with an officer who don't specialize with people with needs and on SSI what can I do?

Thanks

Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 21, 2020

It's not fair to say your attorney did nothing since you are on probation when you could be doing hard time in the state penitentiary after being charged with FELONY DWI and entering a plea of Guilty, or No Contest which is the same as Guilty. If the probation officer told you to pay what you can... Read more »

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: My father had two siblings, my uncle and Aunt and they all inherited land and houses from my grandparents. Recently my

My father had two siblings, my uncle and Aunt and they all inherited land and houses from my grandparents. Recently my aunt and uncle sold the land and houses. Was any of that supposed to go to my dad or were we supposed as his children entitled to disbursement .

Terry Lynn Garrett
Terry Lynn Garrett answered on Feb 21, 2020

If the land and houses they sold included your father's inheritance, ordinarily his share should have gone to him and, if he died, to his beneficiaries under a Will or, if he had no Will, to his heirs at law. The answer could be different based on the language in your grandfather's Will.

1 Answer | Asked in Immigration Law for Texas on
Q: Trying to get my permanent residents aliens card back

They removed it from me 16 years ago ..

Is their a way I can claim it back

Kevin L Dixler
Kevin L Dixler answered on Feb 20, 2020

More information is needed. Were you before an immigration judge, then ordered removed and deported? Or did the CBP take it at a port of entry? More information is needed. This makes a difference.

2 Answers | Asked in Criminal Law for Texas on
Q: I have a felony charge on my record but I have never been arrested in that town/county

It shows my SSN# birthdate etc but it was not me. I am a veteran and this came up when I was trying to get on a military base for a Dr.s appointment with the VA clinic on base. I was denied access to the base because of this.

Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 20, 2020

If you are 100% sure there is no way it could be you then contact the office of the District Attorney in the county where the case was filed and ask to talk to someone about an Identity Theft Expunction.

If there is ANY chance that it could be you then instead of calling the DA, consult a...
Read more »

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1 Answer | Asked in Consumer Law, Collections and Elder Law for Texas on
Q: No one responded to my question so I'll ask it again. Am I responsible for my late mother's debts?

Mom had been in and out of hospitals, nursing homes before she passed. However, she did owe because insurance, medicare didn't pay. In fact the last nursing kicked her out because insurance ran out.

Terry Lynn Garrett
Terry Lynn Garrett answered on Feb 20, 2020

No. Your mother's estate is responsible. You are not. However, you can not inherit anything until the debts have been paid.

1 Answer | Asked in Employment Law and Tax Law for Texas on
Q: Should a church hire as employees musicians who occasionally play, or is it OK to treat them as independent contractors?

Many churches have 'worship teams'—teams of musicians who play many or most Sundays per year, and I understand how they would probably need to treat those musicians as employees. The church in question, however, occasionally has professional musicians from local orchestras play music on Sunday... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Feb 20, 2020

The test for employee vs independent contractor is multi factored. There's not enough information here to provide an answer.

California is aggressive on reclassifying contractors as employees but that doesn't matter if you're not in California.

if you go talk to an accountant/CPA...
Read more »

3 Answers | Asked in Probate for Texas on
Q: All of the heirs to my Father's estate are listed on the Will, but not as an executor, what does this mean?

None

Terry Lynn Garrett
Terry Lynn Garrett answered on Feb 20, 2020

The beneficiaries are people who inherit after all the debts are paid.

The executor is the person who gathers the property, pays the debts and distributes the rest according to the Will.

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1 Answer | Asked in Criminal Law for Texas on
Q: Are police required to report other reporting officer's violation of policy, bad behavior, or criminal behavior?

I was arrested, but the information that I gave to one officer was suppressed, for he removed and handed his body camera to the other officer as the other walked away. The other officer came back and I began to talk to her about what I had said to him, and he violently stopped me from talking. He... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 20, 2020

My guess is that you're asking because you want to know if it will help you get a favorable resolution to your criminal case, not because you're a criminal justice activist.

When "trying to gauge how bad this is" you should start by asking, "Does the prosecution's case rely on the officer's...
Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: How can I avoid going to jail after being arrested for a probation violation for not complying with probation 2nc MTR.

I was in an abusive relationship and my boyfriend wouldn't allow me to go anywhere. He took all the money I had and wouldn't allow me to have a phone.. I am no longer with him and have a stable life with kids again. I want a chance to comply with probation.

Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 20, 2020

Hire a local criminal defense attorney to represent you on the MTR. Your choice of counsel should not be driven by price, but rather you should choose a lawyer who will sit down with you and help develop a plan that includes a budget and a detailed schedule for exactly how and when you will comply... Read more »

1 Answer | Asked in Domestic Violence and Sexual Harassment for Texas on
Q: Can I file harassment or file for restraining order and will it violate his probation

I’m pregnant And the guy by keeps messaging me and harassing I blocked # and he makes fake accounts to contact me then he’s threatening to post my personal photos online I’m tired of this I just need it to stop

Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 20, 2020

If you want to stop it, send only this precise message:

"Do not ever communicate with me again by any means, either directly or indirectly. All messages from you harass, annoy, alarm, abuse, torment, embarrass, or offend me in violation of Section 42.07 of the Texas Penal Code."...
Read more »

1 Answer | Asked in Family Law for Texas on
Q: If I feel that my In Laws home is unsafe for my child, and that she is unsafe in their care. Is there anything I can do?
Rahlita D. Thornton
Rahlita D. Thornton answered on Feb 20, 2020

Sounds like you are still married. So, you do have rights to control your children. If you are not married and have an order in place it may need to be modified to address your concerns. Please make sure that you take whatever proof that you have regarding the concerns to an attorney who will be... Read more »

1 Answer | Asked in Family Law for Texas on
Q: Should I inform our cps caseworker that my 5 year old son has separation anxiety when it comes to being away from me?

We are being investigated on allegations of drug use and have complied with drug screening, an initial interview, and a home safe test. She assured us that we met the standards during the interview and home test. I'm still very worried and scared after reading horror story upon horror story.

Rahlita D. Thornton
Rahlita D. Thornton answered on Feb 20, 2020

If CPS is ever involved parents should seek immediate legal assistance. If you are still unsure about your case consult an attorney. It is your job to speak up as a parent. Good luck.

1 Answer | Asked in Criminal Law and DUI / DWI for Texas on
Q: If an officer on the stand says he paced someone and the dashcam shows he didn’t, is that considered purgery?
Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 19, 2020

It depends on where he says it. For example, if he says it on the side of the road when he is hoping to get you to confess then it's not... if he says it in a sworn statement it might be perjury, if he says it while testifying under oath it might be aggravated perjury. Turn to chapter 37 in the... Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: He got greencard ..2008. He left in 2014 ..going to file for divorce.

Can't get a divorce until bankruptcy is over that is nov 30-2020 ..he has a new woman now and planning to get married..

Kevin L Dixler
Kevin L Dixler answered on Feb 19, 2020

What is the immigration question? He is allowed to divorce. If he is a lawful permanent resident, and ten years have passed since it was received, then your obligations to him seems over if there is further action by the Federal Government. He has been a lawful permanent resident for more than... Read more »

1 Answer | Asked in Family Law for Texas on
Q: If I'm paying child support for my daughter and I just recently married with my husband have to pay the child support
Rahlita D. Thornton
Rahlita D. Thornton answered on Feb 19, 2020

No your current husband is not responsible for child support of a child not his.

2 Answers | Asked in Appeals / Appellate Law and Criminal Law for Texas on
Q: If a lawyer was the prosecutor on my criminal case; can that lawyer also be the one that appeals it?

The lawyer agreed to appeal my criminal case. He was the prosecutor for the state on that case.

Deandra M Grant
Deandra M Grant answered on Feb 18, 2020

Why would you want him to?

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1 Answer | Asked in Criminal Law for Texas on
Q: Getting bailed out with an existing warrant

My brother has 3 charges and one existing warrant for one of those charges, but he is already in jail and the warrant was issued more than 4 months ago, and it was never signed by a judge. Would he still be able to be bonded out of jail?

Deandra M Grant
Deandra M Grant answered on Feb 18, 2020

He should be able to post a bond but I'd really need more information about the warrant you're describing.

1 Answer | Asked in Immigration Law for Texas on
Q: can you travel to USA on B1/B2 visa for leisure, even though you are not working in same company which applied for B1/B2

My brother when working for company-A , had applied for B1 visa in 2012 and he was granted B1/B2 both for 10 years duration.

He is visiting USA for leisure on B1/B2 visa which is valid till 2022.

There is no annotation remarks on the visa, however wondering if he could still travel... Read more »

Adan Vega
Adan Vega answered on Feb 18, 2020

The non- immigrant B-1/B-2 visa can be presented at a U.S. port of entry for the period of duration of such visa provided you are visiting the U.S. for business or tourism purposes.

1 Answer | Asked in Family Law for Texas on
Q: Dad passed away With no will, leaving behind 4 children and a wife. If she tries to sell will she have to split proceeds

The down payment for this house was from my dad’s house he got from my mom and dad’s divorce. Not sure if these info helps.

Rahlita D. Thornton
Rahlita D. Thornton answered on Feb 17, 2020

Sounds like the house is separate property. She can live in house until her death. If she sales then most if not all of the proceeds go to the children of father. Detailed consultation advised however. Good luck. 888-343-4529.

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