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1 Answer | Asked in Family Law for Texas on
Q: Hello, my question is about having a marriage annulled.

In Blount county Tennessee on April 20, 2018 we were married. She was 44 and I was 24. We separated and I moved back to Texas on July 23, 2018 (lasted 3 months and 3 days)

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Jan 15, 2021

That is a question of Tennessee, not Texas, law.

1 Answer | Asked in Criminal Law for Texas on
Q: What does misc offense - no code mean when looking up what someone was arrested for?

It also has XXXX where the warrant number is.

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Jan 15, 2021

If you will state the offense your trying to get information about, I can probably help with that question. The fact that that there is no code means just that, there is no code input into the person's information. The "xxx" in the warrant number generally means that there is no... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Q: Does court have jurisdiction over a indictment of possession of a controlled substance if the indictment doesn’t name a

Substance

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Jan 15, 2021

A possession of controlled substance indictment which does not specify the controlled substance involved is subject to being "quashed" when and if the defendant files such a motion. To the extent that the court has jurisdiction to quash the indictment, it doew have jurisdiction (i.e.... Read more »

2 Answers | Asked in Family Law for Texas on
Q: My ex gf is pregnant, it could be mine, how do I proceed with a paternity test, what are my rights and responsibilities

My ex girlfriend approached me in early December saying she is pregnant. There is a chance that it could be mine and she says it is, but I would really like to be certain before taking further actions. What steps need to be taken on my end for a paternity test? I have a feeling she will not want to... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jan 14, 2021

You could hire a lawyer and file a Petition to Adjudicate Paternity. In such a proceeding, you could the Judge to order a paternity test and get an Order requiring it.

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1 Answer | Asked in Probate for Texas on
Q: TRS does not want to issue retirement funds due to my deceased son who passed away on 9/8/2019.

We already submitted Proof of Heirship but because of the amount TRS says they need a Judgment Declaring Heirship. Texas Government Code which TRS refers to in their letter does not indicate anything regarding a “Judgment”. What can I do?

Terry Lynn Garrett
Terry Lynn Garrett answered on Jan 14, 2021

Hire a local probate lawyer to help you file an Application for Determination of Heirship and Issuance of Letters of Administration. After the hearing, the judge will sign a Judgment Declaring Heirship.

2 Answers | Asked in Estate Planning and Probate for Texas on
Q: Is the executor of my father’s Will required to let me see it. His only heirs are myself and my sister.
Isaac Shutt
Isaac Shutt answered on Jan 14, 2021

Yes, under Texas Law, the executor must show the beneficiaries must receive a notice after the probate hearing. That notice usually contains a copy of the Will. ALSO, once the will is filed for probate, it's actually public record.

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1 Answer | Asked in Traffic Tickets for Texas on
Q: I live in TX. Got a tickt in GA. Ofcr mistakenly listed my address as GA. I tried to pay online, but am told to appear

I cannot afford to return to GA. What should I do?

Grant St Julian III
Grant St Julian III answered on Jan 14, 2021

Call an attorney in the county in Georgia where the ticket is pending and pose this question. I suggest contacting the Georgia State Bat for a list of potential lawyers. Good luck.

1 Answer | Asked in Divorce and Real Estate Law for Texas on
Q: Property after divorce with no quitclaim deed. What are my options?

My divorce decree says the ownership of a condo that is considered community property was given to my ex wife but no quitclaim deed or title transfer was done. My name is the only one on the mortgage. Fast forward four years and she won’t transfer the property into her name or even communicate.... Read more »

Kelly Case
Kelly Case answered on Jan 13, 2021

First, this is probably not something you are going to handle without legal representation. You should hire a lawyer to assist you as this is likely to become very complex if the Original Orders and Decree did not specify the remedial action to be taken in this instance. Sounds like no lawyer was... Read more »

1 Answer | Asked in Business Law for Texas on
Q: Are managers/members of a forfeited LLC permitted to wind up that LLC without first reinstating with the SOS?

The members/managers here want to "dissolve" (wind up) their LLC, but they don't have an operating agreement that addresses winding up. Also, that LLC previously forfeited its charter under the Tax Code for failure to pay its franchise taxes. I'm wondering if, under the Texas... Read more »

Teri A. Walter
Teri A. Walter answered on Jan 13, 2021

It depends on whether there are unpaid debts and what assets there are that need to be sold or distributed. For example, if the LLC owns real estate, at present, no one is able to sign a deed for the LLC, and reinstatement would be necessary; if all that's left is some office furniture and... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: Want to sell a house that's only in my name and was acquired while married to my now ex-husband, with whom I had a prenu

stating that property acquired during the marriage is the sole property of the spouse who purchased it. The title co is set on having him "convey title" to me because the divorce decree "didn't address this". Well, there was no need to "address this" because of... Read more »

Teri A. Walter
Teri A. Walter answered on Jan 13, 2021

They have the legal right not to issue an insurance policy until their underwriting standards are met.

While the prenup addressed the problem, the property should have been addressed in the divorce decree, so that this issue would not have come up. Talk to your divorce lawyer - you may...
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1 Answer | Asked in Libel & Slander and Criminal Law for Texas on
Q: my deceased husband and my log splitter was removed 2 days folowing his death by an ex wifes son and he damaged property

log splitter was our livlihood and he had no right to take it. he smashed the gate with our box van and ruined a $1000 hydrolic lift, messed the gate to where i could not secure the property, and left me in a financial mess and an emotional wreck. Ive lost alot of income without the wood wee sell... Read more »

Teri A. Walter
Teri A. Walter answered on Jan 13, 2021

It sounds like you may have a claim for property taken and damaged. Whether that claim makes sense to pursue depends on how much was lost, and the likelihood of collecting a judgment from the person who caused the damage. I suggest you gather your documentation and consult with a lawyer in your... Read more »

1 Answer | Asked in Animal / Dog Law for Texas on
Q: Me and my ex girlfriend both had shared custody of a dog but now she is trying to keep it altogether. What do I do?

Hello, me and my ex split 2 months ago and before splitting we both decided to get a dog. We got the dog for free (from a friend of my ex) but my ex is trying to keep the dog completely. I have spent the same amount of money as her on food, paid for vet bills, attending the visits, kept her over... Read more »

Teri A. Walter
Teri A. Walter answered on Jan 13, 2021

Sorry, even though we love them and treat them as children, dogs are property, and it sound like this one belongs to both of you, which means that neither of you can take the dog and hide it from the other.

Realistically, if you can't work out some joint arrangement, let her have the...
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1 Answer | Asked in Criminal Law for Texas on
Q: I had a jeep stolen before i could have title switched to my name.. The title to the jeep was in glove department .. I

I HAVE COMPREHENSIVE INSURANCE BUT THERE SAYING THEY ONLY CAN PAY CLAIM TO THE REGISTERED OWNER .. I HAVE BILL OF SALE FOR VEHICLE.. WHAT CAN I DO

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 13, 2021

I don't think this question is posted in the correct forum for the most informed answers. Proving ownership of a vehicle for insurance purposes is outside the scope of criminal law. I would maybe ask a personal injury attorney for ideas because they are in the business of suing insurance... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Texas on
Q: Is it wrong for detective s to drop a investigation just because they don't believe you,I didn't see my asailnt,

I was shot point blank in

the stomach as I was closeing my door.didnt see who shot me,I had cameras on all 4 corners of my house recording,they repeatedly asked who did it I honestly said I don't know an in pain I screamed out i shot my self so paramedics would take me,they yelled... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 13, 2021

You could ask law enforcement to continue the investigation, but you should reconsider confessing to a criminal offense on a public website.

Texas Penal Code Sec. 37.08. FALSE REPORT TO PEACE OFFICER [...] (a) A person commits an offense if, with intent to deceive, he knowingly makes a...
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1 Answer | Asked in Health Care Law and Elder Law for Texas on
Q: If father's POA isn't responding to healthcare providers how can I get it revoked?

My father, who has previously been diagnosed with dementia/alzheimers, is recovering from covid and is having complications. He seems to be having stroke or heart attack symptoms after testing negative and the nursing home he is in isn't fully equipped to handle his recovery in my opinion. The... Read more »

Teri A. Walter
Teri A. Walter answered on Jan 12, 2021

The only way you can obtain power of attorney to act for your father is if he is capable of giving it, and does so. A guardianship requires court action, after proof that your father is unable to make his own decisions. (BTW, "Power of Attorney" refers to the document, not the person,... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: we own property that has a road going through it. How can I find out if we can keep people from driving through

There is a guy that bought into undivided interest down the road but in our plat it shows the road goes through our property all the way to that property

Teri A. Walter
Teri A. Walter answered on Jan 12, 2021

There may be an easement, which would be recorded in the real property records, or in a deed. If not, he may be able to sue you to obtain an easement of necessity if the road running through your property is the only way to access his property. The answer to your question will require a review of... Read more »

1 Answer | Asked in Contracts for Texas on
Q: Is a tax lien on commercial property a defense to breach of contract for sale if it cannot be cured by sale proceeds.
Teri A. Walter
Teri A. Walter answered on Jan 12, 2021

If there is still a tax lien on the property after it is sold, and the seller provided a warranty of title, or the contract provided for such a warranty, then the lien would be evidence of a breach of the contract, not a defense.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Texas on
Q: Is it illegal under 18 U.S.C. §2385 for me to quote the Declaration of Independence?

The Declaration of Independence says to that if the Govt is corrupt we need to abolish it. So is it illegal to advocate the Declaration of Independence under 18 U.S.C. §2385?

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 12, 2021

The Declaration of Independence is an interesting historical document that explains why the colonists revolted against the rule of King George but it does not have the authority of law in the United States. In fact, between the time of the Declaration and our current Constitution a different... Read more »

2 Answers | Asked in Criminal Law for Texas on
Q: I am seeking expungement representation from a drug felony conviction 15 yrs old.

I am currently enrolled in nursing program and of coarse will face hurdles getting hired. I was 24 now 40 yrs old with 2 children I am at the point that need to expand my professional career and pursue my dream. I have been with my current employer for 14 years, I am a home owner since as well and... Read more »

Grant St Julian III
Grant St Julian III answered on Jan 12, 2021

Convictions cannot be expunged. The only way to remove this from your record is via pardon from the Governor.

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1 Answer | Asked in Legal Malpractice for Texas on
Q: I am a professional artist, and I put several paintings in a gallery in Montreal for consignment.

The owner decided she didn’t want them, or pay to return then. So she dropped them at a thrift store. Does she owe me the consignment fee?

Tim Akpinar
Tim Akpinar answered on Jan 11, 2021

A Texas attorney could advise best, and possibly a Montreal attorney as well if your agreement is governed by Montreal or Canadian law. But your question remains open for three weeks. I'm sorry this happened to you. As a starting point, you may want to first review the terms of the agreement... Read more »

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