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Texas Wrongful Death Questions & Answers
1 Answer | Asked in Elder Law and Wrongful Death for Texas on
Q: Frail Elderly visitation has been overlook due to caregiver has place No Trespass Notice for 4 years.

Caregiver works full time and dad is 88 years old stays all alone without no family contact. How do I present a case cuz the autopsy report does not show the caregiver in favorable eyes!

Terry Lynn Garrett
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Terry Lynn Garrett
answered on Jun 24, 2021

More information is needed to respond to your question. Please consult an elder lawyer in your area. You can locate one using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)

2 Answers | Asked in Wrongful Death, Estate Planning, Family Law and Real Estate Law for Texas on
Q: The Frail Elderly Family Protection Act: Can it over turn the appointment of the POA & MPA due to wrongful death?

Forensic pathologist reported youngest sibling murder my mother.

Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
answered on Jun 24, 2021

A power of attorney expires with the person who granted it.

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1 Answer | Asked in Car Accidents and Wrongful Death for Texas on
Q: If my husband hurts or kills someone when driving drunk, can I be sued? He has own car and own insurance.

I have the papers for divorce. I am hoping he will get help. But he drinks and drives. Even though I have tried to get him to stop, he continues to do it. But I am scared one day he is going to hurt or possibly kill someone. If we are married, can the person or person's family sue me as... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 17, 2021

While I hope it never comes to this, however, if you live in a community property state and/or you jointly own assets, then it is possible that you could be made a part of a lawsuit seeking to seize assets in which you have an interest. Of course, before this occurs, there would have to be a... View More

1 Answer | Asked in Criminal Law, Personal Injury, Car Accidents and Wrongful Death for Texas on
Q: What could be done against former Temporary Administrator of the Estate of a deceased for making a false claim?

In an accident 30 years ago a person died but his wife survived. A wrongful lawsuit followed that resulted in surviving wife receiving compensation for death of her husband and her injuries. Surviving wife found out recently that Temporary Administrator of the Estate of deceased also received a... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on Apr 19, 2021

It has been too long for a criminal conviction because there is a 10 year period specified by the statute of limitations for theft from an estate. See: Texas Code of Criminal Procedure article 12.01(2)(A)

2 Answers | Asked in Health Care Law, Personal Injury, Wrongful Death and Elder Law for Texas on
Q: What kind of attorney is best to get my elderly mom proper representation to sue hospitals for the death of father?

My mom has documented and proven facts of wrong doings to support claims that caused my fathers untimely death

Tim Akpinar
Tim Akpinar
answered on Feb 23, 2021

A Texas attorney could advise best, but your post remains open for two weeks. I'm very sorry for the loss of your father. You could reach out to med mal-wrongful death attorneys. A law firm that handles one of those categories would likely handle the other in most cases. Since your mom is... View More

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1 Answer | Asked in Medical Malpractice, Nursing Home Abuse and Wrongful Death for Texas on
Q: My mother died a few years ago due to little rock hospital performing a back surgery and they messed up.she had been

Released but had to b airlifted from the rehab from her surgery back to little rock where they then did not properly care for her in result of her death

Tim Akpinar
Tim Akpinar
answered on Feb 9, 2021

A Texas (or possibly Arkansas) attorney could advise best, but your question remains open for four weeks. I'm very sorry for the loss of your mother. You could reach out to attorneys to discuss in further detail - based on the brief description here, an attorney could not offer meaningful... View More

2 Answers | Asked in Wrongful Death and Criminal Law for Texas on
Q: My mom was robbed, had serious injury. In hospital over 1 month, and took out to Nursing home but died in N.Home. Help m

My mother was robbed, 8/2020, had had serious injury on the head and was taken to Hospital. She got better day by day, and 9/18/2020 she was moved out to Nursing Home in the afternoon. But around 2am in the next day(just only 8 hours) someone in Nursing Home call my Uncle to tell that my mom had... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on Nov 19, 2020

You can focus on finding a civil attorney for the wrongful death / personal injury case. Just let the county District Attorney's office know that your mother passed away. That office will handle the Robbery case. You don't need a private attorney to prosecute the criminal case.

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1 Answer | Asked in Estate Planning and Wrongful Death for Texas on
Q: Show my common-law husband just passed away the apartments he lives at is refusing to allow us to get all his things or

We are common law married we do not have a marriage license but we have six years of tax returns where he claims me as his wife and our two children so what did Nick go to me and my children instead of allowing them to put it in Probate is it legal for them to put it in Probate instead of giving it... View More

Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
answered on Aug 10, 2020

If this is an heirship proceeding (meaning there was no Will), you can contest it. You will have to prove your marriage.

1 Answer | Asked in Personal Injury, Workers' Compensation and Wrongful Death for Texas on
Q: My father has me as next of kin on his paperwork and all his things I’m beneficiary his job contacted sum1 else

His job contacted someone else and the hospital released his body to someone else and gave his property to some else ohh they found some random person on Facebook with his last name

Tim Akpinar
Tim Akpinar
answered on Apr 17, 2020

I'm very sorry for your loss, and the way it was further compounded by the handling of this matter. It looks like the person who could best help you clear things up before they get further out of hand with your father's property being improperly distributed to strangers would be a Texas... View More

1 Answer | Asked in Civil Litigation, Personal Injury and Wrongful Death for Texas on
Q: She was not my real mother switch at birth but it a mess

I was lyed to for years about who I really am there only a marriage license that I have to and remember giving birth to four kids and the other I dont but have flash back

Tim Akpinar
Tim Akpinar
answered on Apr 13, 2020

I'm sorry for your rough situation. A Texas attorney would be able to advise best, but your post remains open for a week. This could be the type of thing that eats up money in investigating, with no guaranteed results - maybe you could see if the Texas Health & Human Services Vital... View More

2 Answers | Asked in Car Accidents, Civil Litigation, Personal Injury and Wrongful Death for Texas on
Q: Is a person liable for anything if they give a known alcoholic a car and they kill someone?

Person has been to rehab and sober houses 30 plus times that i know of.

John Wesley Urquhart
John Wesley Urquhart
answered on Mar 3, 2020

Not necessarily just because the driver is a known alcoholic, but whether the driver is known to the owner of the vehicle as an incompetent or reckless driver and there is a record to prove it. Of course alcohol could play a big part of that, but it's a case by case fact intensive analysis. I... View More

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1 Answer | Asked in Criminal Law and Wrongful Death for Texas on
Q: Can someone who is out on bond and is the aggressor shoot and kill someone without a weapon and claim self defense?

Self defense?

Kiele Linroth Pace
Kiele Linroth Pace
answered on Feb 9, 2020

The law of self-defense is very technical and fact-specific so it is not possible to give accurate answers to general questions. Reasonable attorneys can disagree even after reviewing the same evidence and interviewing the same witnesses. However, reasonable doubt on the matter means the... View More

2 Answers | Asked in Car Accidents, Personal Injury, Wrongful Death and Elder Law for Texas on
Q: I am POA for senior parents. What is the liability for them & me if they get in an auto accident?

Both of my parents (aged 85 and 87) currently have active Texas licenses and auto insurance. Their physician tested and diagnosed them both with mild dementia Nov 5, 2019. They are both still able to dress, bathe, shop, etc. for themselves, just getting a little confused, weaker, repeating... View More

Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
answered on Jan 27, 2020

You are liable for negligence. Whether a jury will rule that you were negligent in continuing payments for car insurance and gas and not taking away the keys or disabling the car cannot be accurately predicted.

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1 Answer | Asked in Wrongful Death for Texas on
Q: In Texas when the police are notified of a deceased person, whose responsibility is it to notify the next of kin?
Tammy L. Wincott
Tammy L. Wincott
answered on Jan 13, 2020

I'm confused on your question because I don't understand how the police were notified of the deceased person. If the police discover a deceased person then they will usually work to notify the next of kin.

2 Answers | Asked in Wrongful Death for Texas on
Q: A friends son was killed when a vehicle made a uturn right in front of him.

First report shows drugs in her system.Second report shows none. Case was dropped. How can father pursue this?Seems to be a coverup.

Robert C. Slim
Robert C. Slim
answered on Nov 27, 2019

Your friend needs to contact a personal injury attorney right away. This is far too serious of a situation to delay seeking legal advice. The consultation would be totally free. There is no reason not to take advantage of a free consultation.

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1 Answer | Asked in Car Accidents and Wrongful Death for Texas on
Q: How can I find about out of court settlement on a wrongful death case that happened thirty years ago?

we need to get hold of the case file on a thirty year old out of court settlement on a wrongful death case. All I have is the name of the deceased. Could someone please point me in the right direction as to where I start? hank you.

Tim Akpinar
Tim Akpinar
answered on Sep 8, 2019

That's going back quite a way. A Texas attorney is really the one who would know about navigation through the Texas court system in terms of retrieving records. But your question remains open for a month. As a general practice in most unified court systems, one could check if any records come... View More

2 Answers | Asked in Car Accidents, Consumer Law, Libel & Slander and Wrongful Death for Texas on
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,... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 20, 2019

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...
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2 Answers | Asked in Criminal Law and Wrongful Death for Texas on
Q: If my brother was killed by a cop in his own back yard. What if anything can I do?
Rahlita D. Thornton
PREMIUM
Rahlita D. Thornton
answered on Feb 27, 2019

Without more facts and details this question can not be answered with any full legal analysis. If you believe it was a violation of his civil rights then you should consult a lawyer as soon as possible. Good luck and sorry for your loss.

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1 Answer | Asked in Criminal Law, Car Accidents and Wrongful Death for Texas on
Q: . The family is looking for help to get his murderer(s) brought to justice. What can we do? She also is his beneficiary

We believe my brother in law was murdered. Our local cops had him have done a horrible job and now haven't even tried to arrest the woman who at least fled the scene of the crime. They want to give the woman 2 to 10 yrs and if it murder it should be a higher charge and way longer sentence. She... View More

Grant St Julian III
Grant St Julian III
answered on Feb 7, 2019

If a beneficiary on a life insurance policy is found guilty of murder of the insured, she/he will not receive the proceeds of the policy. You will have to talk with the DA assigned to the case regarding prosecution. Sorry for your loss.

4 Answers | Asked in Car Accidents and Wrongful Death for Texas on
Q: Would I be able to sue for wrongful death? My mother was the passenger in a car accident.
Gregory S Baumgartner
PREMIUM
Gregory S Baumgartner
answered on Dec 23, 2018

I am sorry for your loss. The law in Texas allows parents, children and spouses to bring a wrongful death claim for the loss of the family member.

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