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Is it legal for a repo truck to hook up a car that is up for repossession while it is occupied? In my case, there was no interaction before the car was hooked up, as they claimed they didn't see the driver sitting in it. The repossession occurred on a public street, and no documents or proof... View More 
answered on Apr 4, 2025
There is no legal prohibition on repossessing a car just because it is occupied; however, it is a traffic violation to tow a vehicle with a person inside. So, the repo company will not be issued a citation simply for hooking up the repossessed vehicle to the tow truck, but the driver could be... View More
I was awarded a vehicle in my divorce, but the credit union refuses to acknowledge the divorce decree, stating the loan and title remain in my ex-husband’s name. They will not allow refinancing in my name, affecting my ability to register the vehicle. I’ve considered returning the vehicle to... View More
answered on Apr 3, 2025
If the loan is solely in your ex-husband's name and the divorce court did not order to pay the loan and to hold your husband harmless from any failure to pay the loan, then your ex-husband remains liable on the loan. In addition, the vehicle remains collateral for the repayment of the loan.... View More
I was involved in a high-speed police chase in September 2023 that started in Trinity County, Texas. During the chase, my vehicle was T-boned by a police officer's vehicle at an intersection, causing my car to crash into oncoming traffic. I managed to maneuver back into the correct lane, but... View More
answered on Apr 3, 2025
There is an entire body of case law concerning civil liability for motor vehicle collisions occurring during a police chase. There is no question that you will be legally responsible in full or in part for your own injuries and damages. It is, however, possible that police could also be legally... View More
I'm looking for information on how Freeman v. Freeman, 327 S.W.2d 428 (Texas 1959), might influence the validity of court orders when a court has issued an order without the necessary authority, followed by a subsequent order based on the first. Additionally, I am interested in a list of... View More
answered on Apr 3, 2025
Certain language in Freeman was later expressly disapproved by the Supreme Court of Texas in Mapco v. Forrest, 795 S.W.2d 700 (Tex. 1990).
You can shepardize this case by going to any legal library or through subscription services like Lexis or Westlaw. There are 90 cases listed in... View More
I have two cars in my name, and I regularly allow my adult son to drive one of them. We live together, and there is documentation regarding his use of the car. Today, we had a disagreement, and I told him not to leave in the car, but he did anyway. Given the circumstances, if I report the car... View More
answered on Apr 2, 2025
A Texas attorney could advise best, but your question remains open for two weeks. I could only speak for the aspects of the question under your "Personal Injury/Car Accidents" headings. It doesn't sound like a matter that an insurance company would take seriously in terms of a... View More
I had a contract to build 15 straight stairs using white oak materials. The client originally agreed to this, but the cost of white oak increased unexpectedly right before purchasing the materials. Despite this, I decided to honor the original estimate and start the project, even though it was... View More
answered on Apr 2, 2025
You cannot terminate the contract due to the increased cost of materials unless the contract language expressly gives you that right.
You also cannot terminate the original contract due to requests from your customer for additional work, although you are not required to agree to the... View More
I'm the executor of a testate estate with a probate court providing letters of testamentary. The estate includes gold half eagle coins minted in 1880, 1901, 1911, and some silver coins. Before distribution, does selling these coins by the executor affect the step-up in cost basis?
answered on Apr 2, 2025
Generally, anything that passes upon the death gets an adjusted basis. So, as the executor, your legal requirement is to distribute the decedent's property pursuant to his/her will. For anything substantial, I would recommend that you provide a detailed inventory with as much detail as... View More
My mother's parole officer keeps failing her on drug tests, claiming she tests positive for substances such as meth and fentanyl, even though she only uses THC-free CBD products. My fiancée, who is knowledgeable about these products, confirmed they might contain trace THC. Despite reaching... View More
answered on Apr 1, 2025
Some drug testing can be wrong or inaccurate. But positive for Meth and Fentanyl due to marijuana use is a LOW likelihood. I hate to say it, but mom may be lying to you. We all want to see the best in our loved ones, but what you are telling me is hard to believe on a repeated basis. Some... View More
I live abroad and I'm interested in wholesaling real estate in Texas. Is it possible for non-U.S. residents to engage in this business? What kind of paperwork or legal requirements should I be aware of? Additionally, there may be situations where I enter into joint ventures (JVs) with other... View More
answered on Apr 1, 2025
Most non-US citizens can buy and sell land and otherwise speculate on the same. However, if you are a Chinese National, or are from a "Terrorist State" country, that type of business is NOT available for you in Texas.
The key is to manage your properties and taxes correctly. Get... View More
I share 50/50 custody of 2 children with my ex-wife, with an alternating weeks schedule. We have no child support obligations due to the shared custody. Our court paperwork doesn't specify who can claim the children for income tax purposes. We verbally agreed that each of us would claim one... View More
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answered on Apr 1, 2025
I understand your frustration. It sounds like your verbal agreement with your ex-wife regarding claiming the children on taxes wasn’t honored, which can be incredibly frustrating.
Since your court order doesn’t specify who can claim the children, it’s best to consult with a tax... View More
I share 50/50 custody of 2 children with my ex-wife, with an alternating weeks schedule. We have no child support obligations due to the shared custody. Our court paperwork doesn't specify who can claim the children for income tax purposes. We verbally agreed that each of us would claim one... View More
answered on Apr 1, 2025
Legally, only one parent can claim a child as a dependent on that parent's individual federal income tax return. The IRS has Publication 504 which discussed this issue in depth: https://www.irs.gov/forms-pubs/about-publication-504
On a more practical note, I am familiar with... View More
I am a non-custodial parent of a 10-year-old child and am considering giving up my parental rights because my work schedule prevents me from seeing the child. There is a court order in place, and the custodial parent is not in agreement with me giving up my rights. Additionally, I have requested a... View More
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answered on Mar 31, 2025
In Texas, a non-custodial parent cannot voluntarily terminate their parental rights solely due to personal reasons, such as a busy work schedule or financial obligations. Parental rights can only be terminated by a court order, typically when it is in the best interest of the child. This generally... View More
I submitted a second bid for a property, and my realtor informed me verbally the next day that the bid was accepted. However, I haven't received any written confirmation of the acceptance. Is the realtor obligated to provide a signed document confirming the accepted bid?
answered on Mar 31, 2025
Traditionally, you and the Seller will both sign what is called an "earnest money contract." It will contain the sales price you and the seller agreed upon as well as certain other terms. You will deposit a sum of money with a title company as earnest money (showing that you are... View More
I work for a company that recently merged with another company. Three years ago, I signed an employee agreement that provides a weekly truck allowance, maintenance costs, and a fuel card for using my personal vehicle for work. The company taking over is attempting to remove these benefits without... View More
answered on Mar 31, 2025
The parties almost always can modify a previous agreement if they both mutually agree to the modification. If the parties do not agree, it depends upon what the original agreement provides whether one party can unilaterally modify the agreement. If there is nothing that gives the company the... View More
Is it considered a tort if a dentist fails to provide adequate pain relief following a difficult dental extraction due to a practice policy that prohibits narcotic analgesics? There were no complications during the procedure, but I was advised to take more OTC ibuprofen than the manufacturer's... View More
answered on Mar 31, 2025
It is probably not a tort. The American Dental Association recommends that dentists not prescribe narcotics for pain relief following a tooth extraction.
There are various studies showing that over-the-counter pain relievers like acetaminophen (Tylenol) and ibuprofen (Advil, Motrin)... View More
I'm a 15-year-old in Texas dealing with emotional abuse from my dad, who has partial custody. I realized about 5 years ago how serious the situation was, and last summer, I was hospitalized following a suicide attempt partly due to his actions. My counselor, therapist, and mom all agree that... View More
answered on Mar 31, 2025
It depends entirely upon the particular behavior that you consider "emotional abuse." You should turn over all of the evidence you have to your mom's attorney, who is more familiar with the facts and circumstances of your particular case than any attorney in a Q&A forum online.... View More
I was a defendant in a Trespass to Try Title case in Texas and filed a counterclaim of Unjust Enrichment. During the bench trial, I lost the Trespass to Try Title portion, but the judge acknowledged that my contributions to the property were 85% of its value and that I paid property taxes for over... View More
answered on Mar 31, 2025
You can file a Motion to Modify Judgment under Rule 329b of the Texas Rules of Civil Procedure. Your deadline to do so in 30 days from the date the Judgment is signed.
Because the Judgment has not been signed yet, you can also prepare an alternative Judgment reflecting the correct amount... View More
I was involved in an auto accident while riding my moped, which left me with a broken collarbone, clavicle, and thumb, and my moped was totaled. The other party, who was driving a truck, was at fault. I have hired lawyers, but one quit because they didn't think they could win, and the current... View More
answered on Mar 31, 2025
Because of professional ethics, neither the other party's insurance company nor their attorney will speak with you directly as long as you are represented by a lawyer.
You should schedule an office conference with your new lawyer to discuss your case. There could be many reasons why... View More
I am the executor for a jointly owned home where one owner has passed away and the surviving owner is in a nursing home. The house has been vacant for more than one year. One party wishes to sell the property, but the other party is opposed. Can I force the other party to sell the house?
answered on Mar 31, 2025
It's not 100% clear who the "parties" are in your question. If you probate the will of the deceased owner, as the court-appointed executor of the deceased owner's estate, you would have legal authority to deal with that half. The surviving owner is trickier, though. Do you hold... View More
I am the executor for a jointly owned home where one owner has passed away and the surviving owner is in a nursing home. The house has been vacant for more than one year. One party wishes to sell the property, but the other party is opposed. Can I force the other party to sell the house?
answered on Mar 31, 2025
I am assuming that you have been appointed as the executor of the estate for the deceased owner by a probate court. Some people think that because they are named in the Will as executor that they can act without first probating the Will. Until the court appoints you, you cannot act as executor.... View More
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