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2 Answers | Asked in Probate for Texas on
Q: When you fire a probate lawyer. Do you have to pay her after that?

My lawyer is charging me for my emails to her , to the courts and to restract postings in the newspaper.

Alisha Melvin
Alisha Melvin
answered on Jun 1, 2023

If you have a balance or bill still due to the lawyer you still must pay the fees you incurred for their work on your behalf. That includes phone calls, emails, text messages, court hearings, conferences with other attorneys and the court and any other work performed on your behalf. READ your... Read more »

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1 Answer | Asked in Criminal Law for Texas on
Q: can a Texas officer arrest for a failure to use a turn signal after being denied a search of the vehicle.

i was pulled over for failure to use turn signal. they asked to search and i declined. he told me that was suspecious. i stated thats not the law. then he asked why i was arrested a year and a half prior?( i was for controlled substance but not indicted at the time) i stated if your asking that... Read more »

Scott Magee
Scott Magee pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 1, 2023

Every case is different. Without seeing the dashcam it is hard to say what is reversible. Generally, police officers can pull you over for technical violations of the law (failure to signal, speeding, etc.). Many times they just want to search the car. However, these "pre-textual... Read more »

1 Answer | Asked in Family Law and Child Support for Texas on
Q: Medical Support / Medicaid / Texas

In our final order, I, the father and non-custodial parent, am responsible for 50% of my daughters' medical support. For more than half the time since 2012, her mother, who is responsible for the other 50%, has either registered my daughter with Medicaid or my daughter has had no medical... Read more »

John Michael Frick
John Michael Frick
answered on Jun 1, 2023

Typically, the non-custodial parent is responsible to provide health insurance coverage for the child. So, in the typical case, no. If your divorce decree or custody order contains non-standard provisions, whether you are entitled to any credits or clawback will depend on the language of the... Read more »

1 Answer | Asked in Consumer Law for Texas on
Q: What action can I take against a solar company that has not met completion time line?

Started in August 2022 and there original statement sent to me states completion within 16 weeks. It is now end of May and I'm making payments on a system that is not completed. They have reimbursed me for 2 payments but I have been ignored on the last few payments. Now I have a water leak due... Read more »

John Michael Frick
John Michael Frick
answered on Jun 1, 2023

Unless time is of the essence in your installation contract, a statement as to the time of completion does not set a firm date. Instead, your contractor has a reasonable time to complete the installation. What constitutes a reasonable time depends upon the facts and circumstances of your... Read more »

1 Answer | Asked in Divorce and Family Law for Texas on
Q: How do I get my attorney removed from my case if their law office is no longer in existence?

I hired a law firm in 2021 for an uncontested divorce. Since then they have scammed me out of 10,000$ and have made zero progress on my case. About 6 months ago we were told that the law firm is no longer in operation. I cannot get ahold of them or anyone from the firm.

I am wanting to go... Read more »

John Michael Frick
John Michael Frick
answered on Jun 1, 2023

1. Identify the individual lawyer or lawyers who have appeared in your case. Typically, they are listed by name with the State Bar numbers in the signature block of each pleading filed in your pending case.

2. Go to the State Bar of Texas website and look them up to determine current...
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1 Answer | Asked in Child Custody, Divorce and Family Law for Texas on
Q: How do I go about getting a divorce and filing for full custody against my husband who is in prison for abusing me?

Do I need to file for divorce first then full custody’s or vice versa? Can I do both at the same time? How much does it cost?

John Michael Frick
John Michael Frick
answered on Jun 1, 2023

In a typical divorce case where the spouses have children, the suit affecting the parent-child relationship (custody, etc.) is resolved in the same action at the same time as the issues involving the divorce and division of the spouse's marital estate.

In a situation where one spouse...
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1 Answer | Asked in Banking and Consumer Law for Texas on
Q: Will taking me off as an auth user on cr-cards my husband opened without my knowledge remove them from my credit report?

I'm looking at divorcing my narcissistic husband. I need to know if his bad credit card habit is going to continue to drag down my credit rating and if I'm going to be stuck paying them. The cards were obtained without my knowledge, and he named me as an authorized user. Our finances are... Read more »

John Michael Frick
John Michael Frick
answered on Jun 1, 2023

There is a difference between having a joint credit card and being an authorized user on someone else's credit card.

With a joint credit card, two (or more) individuals agree with the company issuing the credit card to be jointly responsible for all charges made on the credit card....
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1 Answer | Asked in Real Estate Law and Divorce for Texas on
Q: Can I file for a owelty lien without a lawyer & how long with it take to go into effect? Also what do I need to file one

I was divorced a while back and was told I could not get any lien. I am seeing other wise now.

Can I file for an owelty lien on my own?

What do I need in order to file one? Such as a form and or my divorce decree?

If I do one, how long does it take to go into effect?

John Michael Frick
John Michael Frick
answered on May 31, 2023

An owelty lien is placed on real property at the time of divorce, not after.

A competent divorce lawyer would always place one if one spouse is awarded ownership of real property but is required to pay the other spouse money for his/her interest in the property.

If your divorce...
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1 Answer | Asked in Traffic Tickets for Texas on
Q: I just bought a vehicle got pulled over after I purchased vehicle for 2 tickets no Ins no reg can I get tickets dimissed
John Michael Frick
John Michael Frick
answered on May 31, 2023

Yes. You just have to prove you actually had insurance and that the car was registered. Sometimes it takes a while for your new registration sticker and insurance card to arrive. And sometimes it takes a day or two for these transactions to process so the information may not have shown up on the... Read more »

1 Answer | Asked in Insurance Bad Faith for Texas on
Q: After being involved in accident the opposing insurance co took my car to there lot and now refuses to pay black mail me

They sent me expired notice to get total loss vehicle it arrived 5:48.pm of day the letters expired and they are staring abandoned processing. They sent a letter saying total loss and getting approval for ACV check then waited 21 days to tell me no and get my vehicle off there lot and ok pay them... Read more »

John Michael Frick
John Michael Frick
answered on May 31, 2023

Your legal rights and responsibilities depend heavily on who was at fault in causing the collision and resulting damages. If there is no agreement on this fundamental point, you will need to file a lawsuit so that a judge or jury can make that determination.

Your insurance policy is a...
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1 Answer | Asked in Criminal Law and Traffic Tickets for Texas on
Q: Can I be pulled over for reversing 40 ft in texas.

I reversed down my road about 40 feet, instead of turning around. There were no pedestrians or any other vehicles on the road at the time. It's not a single lane road. I reversed the put it in drive where I made it to my friend's house to pick him up for work and I had taken keys out of... Read more »

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 30, 2023

There might be a violation of your Civil rights and it could be seen as an unlawful detention, and search.

But you did admit to breaking the law and driving after you smoked weed. That is enough to stop you and arrest you. It feels bad because it is weak. But I have done hundreds of...
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1 Answer | Asked in Real Estate Law for Texas on
Q: My dad died almost 5 yrs ago. I was lied to about the property he owns until my step mom let it slip. Both on deed.

Am I entitled to heirship if they never filed a survorship

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 30, 2023

If your question is whether or not, you may have an interest in the property that was owned by your dad, I would have to see the deed from which he received his ownership rights.

Nevertheless, If your dad and his wife lived at the property, while married, she probably has the right to live...
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1 Answer | Asked in Divorce and Family Law for Texas on
Q: I want to file uncontested no fault divorce. Can my spouse contest a divorce for no reason . No kids .No assets .

We never lived in the same house together because of her gambling addiction and she is financially irresponsible habits. She said no when I told I want a divorce and she said she would drive up the cost of the divorce if I tried to divorce her so I couldn't afford one. What can she contest if... Read more »

John Michael Frick
John Michael Frick
answered on May 30, 2023

Yes. She can just say no. She can refuse to sign an agreed decree.

At some point, you or she will have to set the case for trial and complete pretrial preparations as ordered by the court.

And yes, that will increase your legal expenses if you have a lawyer. By how much depends...
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1 Answer | Asked in Divorce, Family Law and Real Estate Law for Texas on
Q: My divorce says I get $45,000 on the sell of a house. I'm a co signer my ex husband the main. How do I get my money?

I was awarded $45,000 (in our divorce) when the house my ex and I has sold. He is not a nice guy and will not freely give me the money. I can't afford a lawyer either if it goes down this way. I am on the mortgage and he is on the deed. Because I am a co signer the realtor said she won't... Read more »

John Michael Frick
John Michael Frick
answered on May 30, 2023

The title company should withhold the money from the purchase price at the time of sale and send it to you.

You will likely be required to attend the closing and sign documents. If your divorce was handled by a competent attorney, you should an owelty lien securing the $45,000 payment owed...
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1 Answer | Asked in Small Claims for Texas on
Q: What legal action can I take against an individual who owes a debt to me?

My ex sold my truck while I was incarcerated and forged my name on the title to do so. She is judgement proof so taking this to small claims would be pointless. What legal action can I take to collect the debt owed to me?

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

Judgments can be good for 20 years and you earn a good rate of interest on them. You should go to small claims to get a judgment against her for "conversion" of your personal property to her private use (selling for money). This is a wrongful interference with your ownership rights.... Read more »

2 Answers | Asked in Consumer Law and Criminal Law for Texas on
Q: If a friend walks out on the restaurant bill but i pay for what i ate, will i be responsible for their bill?

I heard that if a friend can just get up and leave and the other person they ate with would be forced to pay the bill despite the fact there was no prior agreement to pay for each others meal. I heard that if I did not pay their bill I would be arrested for theft even though I paid for my food and... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

In my analysis, you need to look at Risk vs. Benefit. Don't go to a restaurant with someone unless you have an understanding, before you walk in, that this is a "Dutch" treat, meaning the you are each responsible to pay for your own meal. Ask for separate checks, this indicates... Read more »

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1 Answer | Asked in Divorce and Family Law for Texas on
Q: Can I file for divorce online without using a divorce service & not appear in court. No kids, no assets,Brazos County,

Can I do all of this using the Texas e-filing portal? Or must I go the clerk's office?

Spouse is incarcerated. Marriage took place during incarceration. Spouse will not contest.

Thank you.

John Michael Frick
John Michael Frick
answered on May 26, 2023

Legally, you can always represent yourself in your own divorce proceeding.

It's like rebuilding a car engine. Legally, you can rebuild your own car's engine. It's probably not wise if you don't know what you're doing.

Many people with substantial legal...
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2 Answers | Asked in Child Custody, Civil Rights and Family Law for Texas on
Q: I have a endanger of a child who has been in child protection custody for a 1year now shes been place with a family

Im trying to get her place back home had her go to family can i get her back with me soon in how long do it take for her to be back with me i did all they asked of me

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 26, 2023

If you are truly are ready to get your child back, and have a nice place to keep her, ( his/her own room ), then you need to file in Family Court for custody.

If you have a drug habit, or other major problems, don't waste your time.

You should get a good lawyer to file for you....
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1 Answer | Asked in Criminal Law for Texas on
Q: How can you find out how many of a judge's decisions were overturned on appeal as a member of the public ?

I am looking for this information for judges in Harris County, Texas.

John Michael Frick
John Michael Frick
answered on May 25, 2023

I would use a targeted search for appellate decisions of cases determined by that judge during his or her tenure on a site like Westlaw or LexisNexis, then narrow that search using the word "reverse," and then scroll through the results to count how many of those cases include a judgment... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: I work for a contracting company and didn't receive one of my paychecks. The company claims it's a phishing issue.

I work for a contracting company and didn't receive one of my paychecks. The direct deposit information was changed online unbeknownst to me and the contracting company stated they did their research and concluded it was a phishing issue. They stated they couldn't get the money back thus... Read more »

John Michael Frick
John Michael Frick
answered on May 25, 2023

Under the Texas PayDay law, wages must be delivered to the employee at their regular place of work during working hours, mailed by registered mail or by direct deposit to be received by the employee not later than payday, by any reasonable means, or to any person authorized in writing by the... Read more »

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