Texas Q&A by Practice Area
Texas Questions & Answers
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
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.
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.
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... Read more »
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 »
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 »
Q: can a car dealership choose which customer gets warranty on vehicle
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 »
Q: Is spouse's Defined Benefit Pension part of QDRO? Even though spouse selected single life annuity & no death benefits?
What will go into the QDRO is a matter of negotiation.
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?
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 »
Q: Can an injured worker pay a consultant for review of his/her w/c file vs an attorney?
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.
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 »
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 »
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 »
The safest way to handle this may be to get a Qualified Domestic Relations Order as part of the divorce decree.
Q: Maybe reduced. But was a deferred adjudication
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.
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?
Contact the criminal section of the County Clerk's Office in the county where the offense is alleged toi have happened.
Q: I'm unmarried can i leave my child with the father
You can leave the child with the father. However, there may be other issues that you need to be resolved.
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
Deferred adjudication was not available on a DWI case in 1993. Was the charge reduced or changed?
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 »
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.
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 »
Sue him
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
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.
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 »
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... Read more »
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 »
Both.
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?
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.
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?
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
