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Texas Questions & Answers
1 Answer | Asked in Immigration Law for Texas on
Q: Can my niece who was born in Mexico whose mom passed away and father is in prison in the US come live in the US?

Need some advice please. My brother ran to Mexico to avoid getting arrested about 17 years ago. A year after being in Mexico he met his common law wife. He had my niece who is now 16. My brother never put his name on the birth certificate as he was illegally in Mexico. Last year his common law wife... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Oct 16, 2019

Your niece might already be a US citizen. We recommend you speak with an immigration attorney to confirm. Even if your brother’s name is not on the birth certificate, a DNA test would show the relationship.

1 Answer | Asked in Family Law for Texas on
Q: I need a family law attorney, but I make very little. Where do I start on getting help?

My ex has been keeping my daughter from me for a number of years. He tells everyone he has full custody, the last court papers I received, said joint custody. I need some serious help but don't make a lot of money because of going to school and providing for my two other children. Where do I start,... Read more »

Jon R. Boyd
Jon R. Boyd answered on Oct 16, 2019

Your best bet is to somehow borrow money from family and hire a lawyer. If you cannot do that, you should seek out Legal Aid or some Pro Bono clinic where you live and see if you can get a lawyer for free based on being indigent.

You theoretically are entitled to represent yourself but I...
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1 Answer | Asked in Criminal Law and DUI / DWI for Texas on
Q: While acquiring a TX driver's license I was informed OK and MD had "flags" on me--how can I find out what they are?

These incidents must go back to the mid-1990's--so did not impact my ability to get licensed in TX; but I'll be travelling regularly to OK--and don't relish an unpleasant surprise from a routine traffic stop.

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 15, 2019

Contact attorneys from OK and MD... ideally in the same counties where you most likely accused of a crime.

2 Answers | Asked in Family Law for Texas on
Q: Never legally married, together for almost 25yrs. Do I need to file for divorce?

He confessed to cheating on me since March and left in June. Our kids are 22,20&18 and our youngest is in school. He runs his own company. Do I need to file for divorce? Am I entitled to part of the company? Am I entitled to child support? Or any kind of financial help from him?

Rahlita D. Thornton
Rahlita D. Thornton answered on Oct 15, 2019

You may be common law married. Facts such as holding yourselves out as husband and wife to the public is where to start. Then you will have property that the courts can divide. Hope this helps. Good luck 888-343-4529.

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2 Answers | Asked in Criminal Law and Animal / Dog Law for Texas on
Q: Hi am being accused of stealing one of my friends bully pitbulls without any evidence or proof what are my options

The person accusing me is my friend Who has now said he has submitted the police report

Gary Kollin
Gary Kollin answered on Oct 15, 2019

Who is accusing you?

Do not make any statements to the police without an attorney?

Otherwise, ignore. Remember sticks and stones

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1 Answer | Asked in Real Estate Law for Texas on
Q: Only my husband's name is on the property deed. Do I need to be on it as well?

What is the process? We have a will in which he lists me as inheriting the house should something happen to him.

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Oct 15, 2019

No your name does not need to be on it; however, the will does need to be probated at the time of his passing. He could also leave the house to you in a Revocable Transfer on Death Deed. Speak with an Estate Planning Attorney to find out your options.

1 Answer | Asked in Estate Planning for Texas on
Q: my husband got a divorce and won his house in a divorce decree before we got married he never changed the deed he passed

the ex wife passed he had a notarized will leaving everything to me would his kids be abled to be entitled because her name is on the deed

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Oct 15, 2019

A certified copy of his divorce decree must be filed in the county deed records and his will needs to go through probate.

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Texas on
Q: How can I get the property transferred into my name without a will or going through probate?

In 2017 both of my parents passed away, my mother owned a portion of the 2 acres located in Texas where she lived until her death, while my uncle in California owned the rest. After the passing of my mother, the entirety of the estate went to my uncle, (Still under his name) couple of months later... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Oct 15, 2019

If all heirs agree then there is a way to do it without it going to probate; however, it requires a great deal of detail and I suggest hiring a lawyer to help you.

Whether or not anything was probated in CA will also be important. Again, it's best to consult directly with a lawyer.

1 Answer | Asked in Identity Theft for Texas on
Q: What would happen if an officer mistakenly writes the wrong information on a ticket?
William Jaksa
William Jaksa answered on Oct 14, 2019

Usually, spelling errors or typos don't cancel a ticket, BUT major errors could make the ticket invalid. Make sure you appear on the trial date and see if the prosecution catches the error and their response.

1 Answer | Asked in Criminal Law for Texas on
Q: pga-1 01/19 time served. texas reduced that charge to a misd. can i get the felony charge of my record? no priors.
Grant St Julian III
Grant St Julian III answered on Oct 14, 2019

Time served equals a conviction, and the only way a conviction can be removed from your record is via pardon from the Governor.

2 Answers | Asked in Probate for Texas on
Q: .y father died without a will. How do I know if I can just do a small estate affidavit or if I have to go thru probate.

I am being told by his creditors I need letters of testemonary, affidavit of heirship to sell his house, or become executor of the estate to collect money he left my brother & I as beneficiaries in an IRA. There is no money in dad's estate.

Isaac Shutt
Isaac Shutt answered on Oct 14, 2019

If there's a will, you cannot do a Small Estate Affidavit. You will need to do a will probate.

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1 Answer | Asked in Probate and Estate Planning for Texas on
Q: Does Texas accept a legally transcribed Declaration if Heirship from Puerto Rico?

They died intestste11 months apart in Puerto Rico. They had assets un Texas. Money in bank accounts, CD's, my mother's spousal IRA that matured the year she died, stocks with the same company as the IRA, and oil/gas rights.

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Oct 14, 2019

Short answer is yes it can be done; however, it has to meet certain criteria and there must be certain steps taken to actually authenticate everything for Texas. I suggest you speak with a probate attorney in Texas.

3 Answers | Asked in Criminal Law for Texas on
Q: Can I get charged of assault if I just kicked the person charging me?

Please

Cayley Turrin
Cayley Turrin answered on Oct 13, 2019

Yes you can.

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1 Answer | Asked in Contracts for Texas on
Q: Can a car dealership change my contract a week after I sign and drove off with the car?
Tim Akpinar
Tim Akpinar answered on Oct 13, 2019

A Texas attorney could advise you the best, but your question remains open for two weeks. As a general matter with most contracts, it's a done deal after both sides sign (unless the contract contains provisions that modify this basic premise). You could check with a Texas attorney if they see... Read more »

3 Answers | Asked in Probate for Texas on
Q: What should I do if a close friend left me property in his will but his heirs aren’t interested in opening probate?

His heirs are distant relatives and none of them want to be administrator. Also, the will is handwritten and a copy was sent to me by his cousin because she thinks it’s not fair that her other cousins aren’t taking action on his estate. Do I have any recourse? If I open probate as an interested... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 12, 2019

As a beneficiary under the will you are an interested party. You could open the probate yourself.

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1 Answer | Asked in Traffic Tickets for Texas on
Q: I got a first offense citation for no insurance today ! Can I purchase insurance today and get the citation dismissed?

Will getting insurance the same day you got the citation help dismiss the no insurance ticket?

Grant St Julian III
Grant St Julian III answered on Oct 12, 2019

No, obtaining car insurance after you received a citation will not cause the ticket to be dismissed. Insurance must but be in effect at the time the citation was issued.

1 Answer | Asked in Child Custody for Texas on
Q: Can i cancel a petition for custody in tx
Rahlita D. Thornton
Rahlita D. Thornton answered on Oct 12, 2019

You can dismiss just your requests but not the opposing parties requests in file. Before you do that consult with your lawyer if you have one. Good luck 888-343-4529.

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Texas on
Q: (TX) If I cant be forced into a contract. And pursuant to section 19 of the Texas Constitution,

I cant be deprived of my rights or disfranchised in any way. Then how is it that I can be jailed/fined and have my property taken and be treated like a criminal for carrying a firearm (sidearm) with out a license?

The same thing can be said about any other license that isnt commercial.

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 11, 2019

Do you drive without a license? Hunt without a license? Have you been listening to someone who is practicing law without a license?

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: My mom died without a will. Are the jewelries will be part of the estate?

Our stepfather doesn't want to give the jewelries from my mother. Before she died she told him that it belongs to her children, we have witnesses. Most of them were bought when she was still single (not married to him) and some are from my grandmother. What action should we do? He doesn't even want... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Oct 11, 2019

Contact a probate lawyer for further guidance and do not wait too long to do so.

1 Answer | Asked in Real Estate Law for Texas on
Q: My grandfather died and has a house in Arkansas. The County clerk in Arkansas stated that we need to have a deed

(Cont) transferred to next of kin. I live in Dallas. Do I need an attorney in Arkansas to handle this for me?

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Oct 11, 2019

Most likely yes, at least consult with one. It also depends on whether your grandfather had a will and if anyone has been appointed executor/administrator of his estate.

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