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Texas Arbitration / Mediation Law Questions & Answers
1 Answer | Asked in Arbitration / Mediation Law, Estate Planning and Real Estate Law for Texas on
Q: Dead divorced parents no will

Both of my parents died in 2016. They were divorced in 1982 and in their divorce decree it states the home they owned was to be put in mine and my sisters name upon turning 18 at which point we could sell or live in. My father has another child from his second marriage is she entitled to any of... Read more »

Teri A. Walter
Teri A. Walter answered on Oct 14, 2021

The answer depends on who owned the property at the time of your parents' deaths. If you and your sister owned the property, then your parents' death doesn't give anyone else rights to the property. If your parents still owned the property, then all of their heirs (either under a... Read more »

1 Answer | Asked in Arbitration / Mediation Law for Texas on
Q: If I already sign a mediation but I have not gone to court yet. Can I have another mediation?
Tim Akpinar
Tim Akpinar answered on Oct 5, 2021

A Texas attorney could advise best, but your post remains open for three weeks. It could depend on what you signed. As a GENERAL practice nationwide, mediations tend to be non-binding. But it would be best if you carefully read (or reviewed with a Texas attorney) the terms of what you signed. If it... Read more »

1 Answer | Asked in Arbitration / Mediation Law and Employment Law for Texas on
Q: 1. If employer forces arbitration agreement for employment, can they threaten to take legal action in employee handbook?

I was questioned by HHS at our facility there investigating a report, anonymously made of neglect. I confirmed and reported other things that I knew about.

I took a lunch break and was suspended when I returned. Terminated 3 days later

They had the DRP in my suspension letter.... Read more »

David H. Relkin
David H. Relkin answered on Aug 18, 2021

Their actions, as you describe them are odious. Yes, they are bound by the written agreement which, as you say (I believe) provides for arbitration. In addition, there may be legal impropriety in their obtaining knowledge of the HHS report.

If you like I can review the agreement for...
Read more »

1 Answer | Asked in Personal Injury and Arbitration / Mediation Law for Texas on
Q: Can a Special Master refuse the Petitioner's right to listen in on a Stutus Conference
Tim Akpinar
Tim Akpinar answered on Jun 8, 2021

A Texas attorney could advise best, as rules for civil procedure or arbitration proceedings could be state-specific. But your question remains open for two weeks. Rules governing arbitrations could also be specific to the organizations overseeing the proceedings. As a GENERAL matter, in... Read more »

1 Answer | Asked in Real Estate Law and Arbitration / Mediation Law for Texas on
Q: Can I get my earnest money back in Texas?

On Feb 27, we went to see some home and we stop on Perry Homes. The seller told us the prices where going to change soon. She ask us if we had an agent and since we didn't she told her friend who is an agent an was there. He said we could sell our home and get more 100k and we where pressure... Read more »

Teri A. Walter
Teri A. Walter answered on Feb 24, 2021

Whether you can get the earnest money depends on the terms of the contract you signed. Take it to a lawyer for review.

1 Answer | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Insurance Bad Faith for Texas on
Q: What can I do about a supplemental insurance company's mistake resulting in my info being sent to a coworker?

Local insurance agent put a coworker's address in my account when we were enrolling (along with at least one other typo; birthday is/was wrong). Been going back and forth with him and the corporate customer support team. I can't get a refund and terminate my account, because I cant verify... Read more »

Teri A. Walter
Teri A. Walter answered on Jan 27, 2021

Was the agent negligent? Sounds like it. But at this point it's not clear what your damages are. If they fix the problem, you won't have any damages. No damages means no claim against the agent.

1 Answer | Asked in Employment Law and Arbitration / Mediation Law for Texas on
Q: When settling out of court, what should an affidavit state for the agreed on money and when to receive it
Tim Akpinar
Tim Akpinar answered on Jun 22, 2020

A Texas employment attorney could best advise, but your post remains open for four weeks. As a GENERAL matter for civil claims of MOST types, there will be a form called a release to memorialize terms of the settlement. I think that's what you're talking about. The release will outline... Read more »

Q: Can I sue American Airlines for losing my luggage resulting in irreplaceable loss of property, psychological harm?

AA l ost my luggage during a international move (relocating for a job) and as a result, I have lost irreplaceable documents such as diplomas and other property. I am looking to apply for graduate school so this may have an impact on my application eligibility. Furthermore, I will never be able to... Read more »

George W. Wolff Esq.
George W. Wolff Esq. answered on Feb 13, 2020

Probably not

1 Answer | Asked in Divorce and Arbitration / Mediation Law for Texas on
Q: I'm really need help,my lawyer withdraw in the middle of mediation and im brook.

Im disabled and now thay Will roll right over trying to get division of assets sure I can survive 401k and investment fund s

Tim Akpinar
Tim Akpinar answered on Jan 20, 2020

I'm sorry for your difficult situation. Texas attorneys would be most knowledgeable in directing you toward resources that might be helpful, but your post remains open for two weeks. Until you're able to reach a Texas attorney for meaningful input, maybe you could start looking at... Read more »

2 Answers | Asked in Arbitration / Mediation Law, Child Support, Divorce and Family Law for Texas on
Q: As a dad that has been divorced for 3 years, I have questions on my rights because it seems like i have none.

my son lived with me for 2 years and I did not recieve any financial help from the mother. Now he lives with her and the Attorney general is taking more than 50% of my paycheck to pay back what they think I owe for the 2 years he was with me. I have zero problem paying my child support I just cant... Read more »

Jon R. Boyd
Jon R. Boyd answered on Dec 9, 2019

I understand.

You really need to just talk to a lawyer for an hour, let me/him/her read your prior order, answer your questions and make recommendations.

I've been helping Fathers for 25 years. I'd be glad to help if you want to call me office and set up a time to...
Read more »

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1 Answer | Asked in Criminal Law, Arbitration / Mediation Law, Federal Crimes and Landlord - Tenant for Texas on
Q: I have had tree individuals who have collaborated together and managed to get access to all my things legal,bank, leases

Bruce GArrison a attorney, Eden Mckenney, Hugo Salguero managed to hack into my bank account taking thousands of dollars and transferring the money directly into there personal accounts. The destroyed all Video surveillance before helping themselves to whatever they wanted including but barely... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 31, 2019

Your story seems over-the-top but I seem to recall that there was an attorney named Bruce Garrison who was forced to give up his law license about 10 years ago in Austin so I am inclined to give you the benefit of the doubt.

The text of your question is so mixed up that I'm not even...
Read more »

2 Answers | Asked in Foreclosure, Real Estate Law, Arbitration / Mediation Law and Banking for Texas on
Q: If someone passes away with a mortgage can their children just give the house back to the bank and walk away?

The bank is saying the family has to keep paying the mortgage until the house is sold. She had cancer and there is no life insurance or money left in her account. They are also saying we are responsible for selling the house

Samuel B. Edwards
Samuel B. Edwards answered on Jul 20, 2019

Generally, yes, you can turn the house back over to the bank. The bank would typically have you sign a deed in lieu of foreclosure form. However, that is often not the best option. There are investors who specialize in buying properties "subject to" an existing mortgage and they will... Read more »

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1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law and Business Law for Texas on
Q: I was given a warranty deed but I'm confused if it is only for the real estate or is personal property included?

The family has said they are going to auction his personal belongings however there is a lien on the property and also back taxes how can the money made go towards those items or do I need to try to go through probate? I'm not sure what that really is but this is all pretty confusing

Thomas A. Grossman
Thomas A. Grossman answered on Feb 12, 2019

A warranty deed should cover the real property and any fixtures that are affixed to the property. Since I don't know who "the family" is, or how they relate to you, I cannot give you much of an answer. Also, you are asking me to address Texas law, which I am sure is different than... Read more »

2 Answers | Asked in Arbitration / Mediation Law for Texas on
Q: Are arbitration hearings always secret?
Thomas A. Grossman
Thomas A. Grossman answered on Nov 16, 2018

They are not secret, but much of the information each side uses to prove his of her case is not necessarily open for review. If you have a key piece of evidence that favors you, you would want the other side to see it. Visa/Versa. An Arbitration is like a mini-trial, and both sides should come... Read more »

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1 Answer | Asked in Arbitration / Mediation Law for Texas on
Q: How do arbitrators get paid? Do both sides put in an equal amount of money?
Tim Akpinar
Tim Akpinar answered on Oct 23, 2018

It can depend on the forum. In some settings, one side may pay costs, as in the case of certain insurance arbitrations.

Tim Akpinar

1 Answer | Asked in Arbitration / Mediation Law for Texas on
Q: Are all mediators/arbitrators attorneys?
Tim Akpinar
Tim Akpinar answered on Oct 12, 2018

I do not practice in Texas, but your question has remained unanswered for four weeks. I can’t speak specifically for Texas, but in general, many arbitrators and mediators tend to be attorneys. However, there are also non-attorney mediators and arbitrators who preside over disputes. It can depend... Read more »

1 Answer | Asked in Estate Planning, Arbitration / Mediation Law, Civil Litigation and Probate for Texas on
Q: What kind of attorney do I need?

My father died intestate and my sister was appointed administrator. Long story short she wants everything and on top of that is suing me for 7500.00 in civil court. Ive managed to represent myself to this point but its getting more difficult. She has done things so wrong and barred me from the... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Sep 14, 2018

For civil court you need a trial attorney. For probate court you need a type of trial attorney called a fiduciary litigator. Contact your local bar association or lawyer referral service.

1 Answer | Asked in Car Accidents, Contracts, Products Liability and Arbitration / Mediation Law for Texas on
Q: I was driving for lyft and someone hit the car I was renting through flexdrive whose partnering with lyft.

The client and Geico has taken full responsibility from day one. Flexdrive has not been cooperative to this fact seeing that I still have a hold on my account through Lyft. They have ruined my life. Got in the way of my potential earnings. Lyft was my main source of income. I have also not been... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 21, 2018

Classic problem with any rental institution. You are on the hook so it's easiest to keep busting your chops. As they are involved with lyft you may want to look for an attorney who handles employment cases and insurance "bad faith" cases and is a member of the Texas Trial Lawyers Association

1 Answer | Asked in Arbitration / Mediation Law for Texas on
Q: Is it better to file a claim with my city's labor board and go through mediation if my employer fired me without sending

my final paycheck or should I sue? The amount isn't high but I want what I'm owed.

Thomas A. Grossman
Thomas A. Grossman answered on Jul 25, 2018

You can try suing your employer in Small Claims Court. It is not very expensive. I don't know the rules for Small Claims Court in Texas, but you can call a local Superior Court and they usually have a section on how to file Small Claims actions.

1 Answer | Asked in Arbitration / Mediation Law for Texas on
Q: Someone asked me to testify at an arbitration proceeding but I don't want to. Am I required by law to show up?
Thomas A. Grossman
Thomas A. Grossman answered on Jul 5, 2018

I must answer your question under California law, as I don't know Texas law. I presume that you only have to testify if you are subpoenaed to do so. If you are not subpoenaed, you can still show up if you want to. If you are subpoenaed and do not show up at the Arbitration Hearing, it is... Read more »

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