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1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: Who can legally carry a gun in texas?

My partner was denied to buy a gun in a federal background check for unknown reasons. He’s a permanent resident and not a felon and his background should be clean. He already owns a gun that was a gift from a friend. Is it legal for him to carry it?

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 10, 2024

There can be a lot of different reasons your partner was denied the gun purchase by the Federal background check. Those checks are done in an inconsistent basis and can be political in nature. He may have a name that is the same as a person who is a felon or has pending criminal charges. There can... View More

1 Answer | Asked in Estate Planning for Texas on
Q: Hello, I’m about to receive an inheritance of approximately 50,000 from my fathers estate. I am disabled and on ssi ?

How do I keep my Ssi and Medicaid ? I heard they’re is certain trust or something called a spend down, I need legal advice!

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr
answered on May 10, 2024

This would be a great opportunity to set up a Supplemental Needs Trust (Special Needs Trust). If the funds go directly to the trust, your ability to receive governmental funding should not be affected. You would need to name a trustee that would handle the trust. A Supplemental Needs Trust is... View More

1 Answer | Asked in Real Estate Law for Texas on
Q: My brother is incarcerated and they just sentenced him to 25 years he has land and homes and personal property that he w

Would like to have put in my mom's name how would we go about doing that?

Teri A. Walter
Teri A. Walter
answered on May 10, 2024

Land and anything permanently attached to the land is transferred by deed. However, if there is a mortgage on the property, transferring it will be a violation of the terms of the loan (Deed of Trust), so mom may have to refinance to get the property transferred. In addition, Mom may incur income... View More

2 Answers | Asked in Probate for Texas on
Q: Texas probate no will.who is next of kin.common law spouse or a blood great niece
James Clifton
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James Clifton
answered on May 10, 2024

Assuming the requirements of common law marriage have been met, the spouse will be the heir of the estate of the deceased. If the common law marriage was not registered with the county clerk, the surviving spouse will have to prove by evidence that the couple:

“agreed to be married”;...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Does a judge frown upon a jury request in small claims - Texas Civil?

I have been in a legal battle with my previous landlord (corporation) for a few months now. They are registered as 35 West CC LLC but operate 35 West at Champions Circle DBA Rams Corp LLC out of Atlanta GA. The SOS (TX) has no prior or present registration for given address/name to operate or do... View More

John Michael Frick
John Michael Frick
answered on May 9, 2024

In my professional experience, outside of family court, judges do not generally frown on requests for jury. It adds only about half a day to a typical trial for the judge. Obviously it will be a lot more work for the attorneys and correspondingly more expensive for you.

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: Hello,I have a question. I was let go by my employer back in February under what was to me a wrongful termination.

It was after a review that accused me of being 'combative ' and 'rolling my eyes' on zoom in the course of doing my work, among other subjective opinions and used as legitimate reasons. I am a naturalized citizen from

Nigeria. Do I have a case to sue for workplace bias? Thank you.

Sincerely

John Michael Frick
John Michael Frick
answered on May 9, 2024

Based on the information contained in your question, no you do not have a case for workplace bias.

An employer can terminate an employee for purely subjective reasons like being combative and rolling your eyes during a Zoom meeting. Those are legally legitimate reasons.

If you have...
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2 Answers | Asked in Cannabis & Marijuana Law and Criminal Law for Texas on
Q: Yes, I would like to know how to I go about helping find a pro bono lawyer in East Texas for possession of marijuana,

Less than 2 ounces in a drug free zone

John Michael Frick
John Michael Frick
answered on May 9, 2024

Generally speaking, lawyers do not take criminal cases like this on a pro bono basis because indigent defendants are entitled to a court-appointed defense attorney. If you are not indigent, an attorney who is not a relative or close friend of yours most likely will not take such a case on a pro... View More

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1 Answer | Asked in Real Estate Law for Texas on
Q: Hi, Is my HOA by Texas law allowed to fine me without a prior notice or hearing? Please help me understand.

I have 2nd floor condo with a porch, I’m recently working with a contractor to remodel my bathroom with the HOAs knowledge. The work started on Saturday and the contractor left trash bags on my porch, they don’t work Sunday so they remove it Monday morning. I got an email from my HOA Monday... View More

Anthony M. Avery
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Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 8, 2024

If you bought a condominium then your ownership is subject to all kinds of rules. You should have at least read them before purchase. HOA issue fines and liens all the time, and rarely do you have an opportunity for a hearing. Nonpayment will result in foreclosure. You can hire a lawyer and... View More

1 Answer | Asked in Immigration Law for Texas on
Q: Can I get approved for a student visa - F1 while I-130 is pending?

I'm under 18. I have a pending I-130 petitioned by my step-parent ( A citizen) Can I get approved for a student visa - F1 while my I-130 is still pending?

How long does it take to get I-130 processed?

James L. Arrasmith
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answered on May 8, 2024

Obtaining an F-1 student visa while your I-130 petition is pending can be challenging but not impossible. Here are a few important points to consider:

1. Non-immigrant intent: F-1 visas require you to demonstrate non-immigrant intent, meaning you intend to return to your home country after...
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3 Answers | Asked in Car Accidents for Texas on
Q: Back in March I had an accident in the company vehicle and the other driver has filed a suit against me and the company

I was served court papers last Wednesday and it says I have 20 days to respond do I need legal counsel and how much would it cost

John Michael Frick
John Michael Frick
answered on May 8, 2024

If you or the company have insurance, you should immediately make a claim, send a copy of the suit that has been filed against you to the insurance company, and ask the insurance company to defend you.

If you do not have available insurance coverage, you likely need an attorney to defend...
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1 Answer | Asked in Criminal Law for Texas on
Q: I paid by attny $1400 to have his PI serve a subpoena and then the PI company sent me an additional bill for $862 more.

I said I paid $1400 already and while they said the witness tried to evade getting served, she was within 10 miles of the PI company. I didn't have an agreement with the PI company myself.

I was just arrested for larceny for the $862 extra.

From what I've researched,... View More

John Michael Frick
John Michael Frick
answered on May 8, 2024

Typically, attorneys act as an agent for their clients in contracting for services like those of a private investigator. As with any contract, the principle (i.e. client) is legally responsible to contractors like private investigators for the cost of those services. As long as the agent... View More

1 Answer | Asked in Criminal Law and Immigration Law for Texas on
Q: Citizenship with rejected misdemeanor

I have been a permanent resident since Feb 2020.

In 2025, I could apply for naturalization and get citizenship.

In December 2023, I was arrested for domestic violence (slapped in the face wife once), I hired a criminal attorney and the DA office refused my case with no charges in... View More

James L. Arrasmith
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answered on May 7, 2024

I understand that this is a sensitive and important situation. Based on the information you provided, here are my thoughts:

1. Eligibility for Citizenship in 2025

Even though the domestic violence charges were ultimately rejected by the DA's office, the arrest itself could...
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1 Answer | Asked in Criminal Law and Immigration Law for Texas on
Q: Is Class C Misd. Traffic Violations with Def. Adjudication in Texas a CIMT & affect asylum and/or EB status adjustment?

The accused was driving with head-tail lights off & confused. She has a pending asylee status [no asylum interview yet], and became a victim of rapid escalation, was arrested & accused with Misd. Class B: Fleeing a Police Officer in TX. It had NO damage, resistance, drugs/alcohol. The... View More

James L. Arrasmith
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answered on May 7, 2024

Based on the information provided, here are a few key points to consider:

1. Deferred adjudication is generally considered a conviction under U.S. immigration law, regardless of whether it's for a Class C misdemeanor (traffic violation) or a Class B misdemeanor (fleeing a police...
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1 Answer | Asked in Contracts for Texas on
Q: i want to terminate my contract with a pest control company because i can no longer afford it.

They say I will have to pay through the year.. totalling $1200.00 since I signed the contract. They aren't going to be doing the service.. am I bound to that payment?

John Michael Frick
John Michael Frick
answered on May 7, 2024

It depends on what you agreed to in your contract. One year pest control contracts are legal and are common.

If the contract was solicited by a door-to-door salesperson, the three-day rescission rule applies. See linked article for how that rule operates:...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: if i got divorce in 2022 can I revoke my divorce my previews attorney say i couldn't get alimony was married 11 yrs

if i got divorce in 2022 can I revoke my divorce my previews attorney say i couldn't get alimony was married 11 yrs with 2 kids now im trying to enforcement.. but just asking can i revoke divorce he makes twice more in his income

John Michael Frick
John Michael Frick
answered on May 7, 2024

No, you cannot revoke a divorce. If you were unaware of the previous divorce proceeding and did not receive notice as a result of some fraud or deception by your ex-husband, you could possibly file a bill of review.

Disparity in income standing alone is not a sufficient basis for an award...
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1 Answer | Asked in Employment Law, Immigration Law and Business Formation for Texas on
Q: N-400 application Question: I had a handicap space parking ticket last year, and a fine of $500 was paid.

How do I answer this question, knowing fully well that I received a citation/ticket for a handicap space parking violation last year, and a fine of $500 was paid. ? - Have you EVER been arrested, cited, detained, or confined by any law enforcement officer, military official (in the U.S. or... View More

James L. Arrasmith
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answered on May 6, 2024

Based on the information provided, it does not appear that a parking ticket would require you to answer "Yes" to this question on the N-400 naturalization application.

The question is specifically asking about arrests, citations, detentions, or confinement related to crimes or...
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2 Answers | Asked in Employment Law, Contracts and Estate Planning for Texas on
Q: When writing to companies about late husbands benefits can this just be ignored?

I wrote to Insperity Holdings about my late husband's estate and and investment account, since Insperity Holdings is the HR company for the company my husband worked for. I wrote another important person high up in the company, never have heard a word from either of them. Aren't they... View More

Gratia "Grace" P. Schoemakers
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Gratia "Grace" P. Schoemakers pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 6, 2024

Without knowing the situation, it is possible the accounts had a Beneficiary designation on there that was NOT you.

If the money went to someone else, you have no right to know about this, as you are not the beneficiary.

If the accounts had no beneficiary, then you should go through...
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2 Answers | Asked in Employment Law, Contracts and Estate Planning for Texas on
Q: When writing to companies about late husbands benefits can this just be ignored?

I wrote to Insperity Holdings about my late husband's estate and and investment account, since Insperity Holdings is the HR company for the company my husband worked for. I wrote another important person high up in the company, never have heard a word from either of them. Aren't they... View More

John Michael Frick
John Michael Frick
answered on May 6, 2024

First and foremost, file an application to probate your late husband's Will or his estate if he didn't have a Will at the time of his death.

If you are appointed as the personal representative of your deceased husband's estate (either as the executrix of his Will or as the...
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1 Answer | Asked in Estate Planning for Texas on
Q: Do I need to set up a separate bank account for a living revokable trust?

I'm setting up a living revokable trust for me and my sister - we are grantors and will be trustees (beneficiary will be a relative upon our death). The only assets funding the trust are 2 real properties (no mortgage/liens) and a few mineral rights (100% owned). Currently, 2 of the minerals... View More

Gratia "Grace" P. Schoemakers
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answered on May 6, 2024

It is unclear what you mean with "separate account." For a trust to be property funded (i.e. all assets are moved into the trust name), a trust will need to have a bank account in the trust name.

So presuming you mean "separate account" from your "personal...
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1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: is it legal to switch the duties of a salaried employee to a higher position and refuse to promote him?

My husband (a manager in a store on salary) was permanently transferred to a different store to cover the position of a higher manager who had also been transferred. When he asked for a raise or at least a change of title to a higher role he was refused. So now they have 2 persons with a same title... View More

John Michael Frick
John Michael Frick
answered on May 6, 2024

Yes, he can legally tell his employer that he will need a promotion to the higher position and a larger salary due to his transfer to a different location and greater responsibilities. If his employer refuses, he can legally quit his job. In the current labor market, his employer has little... View More

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