Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Texas Questions & Answers
2 Answers | Asked in Divorce, Estate Planning and Family Law for Texas on
Q: Is the purchase of a property protected in Texas during a marriage if the source of the funds from inheritance?

Married couple. The male gets the inheritance and makes a purchase with the inheritance funds. Wanting to know if that purchase is protected from community property in Texas now that they are divorcing.

Gratia "Grace" P. Schoemakers
PREMIUM
Gratia "Grace" P. Schoemakers pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 24, 2024

In Texas, property acquired during a marriage is typically considered community property and is subject to division upon divorce. However, there are exceptions to this general rule, particularly concerning inheritance.

If one spouse receives an inheritance, those funds are generally...
View More

View More Answers

1 Answer | Asked in Real Estate Law for Texas on
Q: my house is 50 years oil and also the fence the property was brought by someone he is demanding i move my fence . do i

do i have to move fence been told that texas law adverse procession says i do not have move it we mow and matain this 4 foot stretch

John Michael Frick
John Michael Frick
answered on Apr 2, 2024

It depends upon the nature of the fence. Under Texas law, there are two kinds of fences: “casual fences” and fences that “designedly enclose” an area. Courts have repeatedly found that maintenance of a casual fence does not create a designed enclosure, nor does it begin the running of the... View More

1 Answer | Asked in International Law and Immigration Law for Texas on
Q: my opt will finished april 8 2024 can start my i485 with my wife during my grace period.

my wife she is americaine and we almost finished the paper. if i send it after april 8 2024 do i will be in trouble

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 2, 2024

Based on the information you provided, it sounds like your OPT (Optional Practical Training) will be ending on April 8, 2024, and you are wondering if you can start the process of adjusting your status to permanent resident (filing Form I-485) with your American wife during your grace period.... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: What can you do when the landlord refuses to respond back to your messages and refuse to call you back?

My landlord sent me a letter last month saying that I am two months behind on the rent and he said if I didn’t pay it then I would have to move. So I have been calling, texting and emailing him for about 3 weeks now and he refuses to answer my call, refuses to respond back to any of my messages.... View More

John Michael Frick
John Michael Frick
answered on Apr 2, 2024

All you can do is to continue trying. Your landlord isn't legally required to respond to your messages. Landlords typically have property managers so that they do not have to deal directly with tenants.

As for eviction, if you fail to pay your rent on time in accordance with your...
View More

2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: If I got out on a PR bond and they picked me up on it but the charges were suppose to be dropped but haven’t been,wat do

How am I suppose to go about charges being dropped but haven’t been,when the other 2 individuals involved there’s has

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 3, 2024

I understand this is a stressful and confusing situation. Here are a few things you can do:

1. Contact your defense attorney: If you have a lawyer representing you, reach out to them immediately. Explain the situation and ask for their advice on how to proceed. They can look into why the...
View More

View More Answers

2 Answers | Asked in Criminal Law and Civil Rights for Texas on
Q: If I got out on a PR bond and they picked me up on it but the charges were suppose to be dropped but haven’t been,wat do

How am I suppose to go about charges being dropped but haven’t been,when the other 2 individuals involved there’s has

John Michael Frick
John Michael Frick
answered on Apr 2, 2024

You need to have your attorney contact the district attorney who supposedly "dropped" (i.e. dismissed) the charges. It's possible that the district attorney's office simply hasn't processed the dismissal papers yet. It's also possible that your attorney incorrectly... View More

View More Answers

2 Answers | Asked in DUI / DWI for Texas on
Q: What should I do if have a dui and GAP insurance won’t cover the difference
John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 2, 2024

Sorry about your trouble.

unfortunately, most auto insurance policies have exclusions on coverage when damage or losses are the result of a DWI event. There is some hope. If you have not been found guilty or otherwise will fight the DWI charges, you can still make the claim. Whether or not...
View More

View More Answers

1 Answer | Asked in Employment Law, Sexual Harassment and Criminal Law for Texas on
Q: sexually assaulted by a franchise owner. Corp investigated & found evidence but I have seen no disciplinary action.

I’m told franchisee must exit the system but i have seen no action. What do I do next? What should I expect? What’s a typical outcome? I’m a corporate employee/the assualter is a restaurant franchise owner. How do I trust anything has been done? I have been waiting months after the official... View More

Derek Allen Colvin
Derek Allen Colvin
answered on Apr 2, 2024

Sorry to hear about what happened to you. This sounds like a difficult issue for you and your employer to navigate. You should talk to a local attorney about your rights and any remedies that may have available to you. Sexual assault is also a crime that should not be taken lightly. If the... View More

1 Answer | Asked in Criminal Law, Animal / Dog Law, Civil Rights and Constitutional Law for Texas on
Q: What are the chances that at a morion show cause hearing on deferred probation with no prior criminal history revocation

Deferred adjudication probation negligence for attack by dog . Got behind on restitution awaiting 2022 and 2023 tax return to pay off in full hearing to show cause set no previous criminal history and dirty fingerprint drug test that when asked po to send in for confirmation due to a non negative... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2024

Based on the information provided, it's difficult to give a precise probability of the outcome at the show cause hearing for deferred adjudication probation revocation. However, I can provide some general insights:

1. No prior criminal history: Having no previous criminal record may...
View More

1 Answer | Asked in Criminal Law, Animal / Dog Law, Civil Rights and Constitutional Law for Texas on
Q: Texas home rule charter town can city completely change it's ordinances after a crime is committed to prosecute with new

Can a home rule charter tx town change is ordinances after an alleged crime is committed and as the legal process is being done and use those changes to prosecute and even bring criminal charges on the citizen . Attack by dog under negligence Coleman county tx

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2024

In the United States, there is a fundamental legal principle known as the "Ex Post Facto Clause" found in Article 1, Section 9, Clause 3 and Section 10 of the U.S. Constitution. This clause prohibits the federal government and state governments from passing laws that retroactively change... View More

3 Answers | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for Texas on
Q: Intelligent fingerprint drug test is not FDA approved and is a research study used by tx probation to convict people

Taylor county probation used fingerprint drug screen that produces high false positive to convict innocent people in Texas . How do I get someone to bring this to light it is a home rule charter and corrupt as it gets

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 4, 2024

It sounds like you have serious concerns about the use of intelligent fingerprint drug testing by the Taylor County probation department. This is a complex situation that would likely require assistance from legal experts and potentially media attention to address. Here are a few suggestions on... View More

View More Answers

3 Answers | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for Texas on
Q: Intelligent fingerprint drug test is not FDA approved and is a research study used by tx probation to convict people

Taylor county probation used fingerprint drug screen that produces high false positive to convict innocent people in Texas . How do I get someone to bring this to light it is a home rule charter and corrupt as it gets

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2024

The United States and the Texas Constitutions both prohibit ex post facto laws. U.S. CONST. art. I,§ 10, cl. 1; TEX. CONST. art. I,§ 16.

There have been many Federal and state attempts to enact Ex Post facto, criminal laws. That is not allowed in the USA.

That means that a...
View More

View More Answers

3 Answers | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for Texas on
Q: Intelligent fingerprint drug test is not FDA approved and is a research study used by tx probation to convict people

Taylor county probation used fingerprint drug screen that produces high false positive to convict innocent people in Texas . How do I get someone to bring this to light it is a home rule charter and corrupt as it gets

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2024

If the test you are referring to is being used to violate probationers, it can be called-out at a hearing to test the science and the reliability of the same. That would require the accused to file for a dismissal or "not true" before the hearing to revoke.

Unfortunately, to hire...
View More

View More Answers

1 Answer | Asked in Estate Planning, Divorce and Family Law for Texas on
Q: I just found out my spouse has been sued and already received a default judgement. They seized monies out of his accoun

We live in Texas. Can they try and take our house because it is is both of our names? We have been separated for over a year and plan on divorcing later this year when my daughter turns 18. Don't know what to do about my house to make sure it is secure.

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2024

No Texas Constitution protects your homestead from most creditors except property tax liens and HOA liens, and I believe a child support lien attaches and does not need to be renewed every 10 years. Any normal creditor can not seize your homestead for nonpayment. They can execute against bank... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can my landlord increase my rent without any notice ?

my landlord has decided to increase my rent without notice

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2024

In most jurisdictions, landlords are required to provide tenants with proper notice before increasing the rent. The specific notice period and other rules around rent increases vary by location.

Here are some general guidelines, but keep in mind that laws may differ:

1. Notice...
View More

1 Answer | Asked in Landlord - Tenant, Probate and Real Estate Law for Texas on
Q: I am living in a home owners both died, in court over property rights utilities my name, 90days occupied. Gt CTed legal?

I found all the paperwork the deed the title and the living will of the previous owners that are deceased we have made improvements to the property and they've had no problem out of us all of a sudden we got ct'd even though all the bills are in our name they told us to move out... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2024

Based on the information you've provided, it sounds like you are dealing with a complex legal situation involving property rights and occupancy after the homeowners' deaths. While I can provide some general information, it's important to note that laws can vary by jurisdiction, so... View More

3 Answers | Asked in Car Accidents and Personal Injury for Texas on
Q: I have a question, about money I get every month from a settlement from my dad passing away in a two 18-wheeler accident

I was 11-12 years old and my mom was the one who made the decisions on when I get my money and how much I’m able to get at a certain period of time. And now that I’m an adult I think that’s it’s now my choice to change how I receive that money.

Tim Akpinar
Tim Akpinar
answered on Apr 6, 2024

I'm sorry about the loss of your dad. See if the attorney who handled the matter could go through the settlement agreement terms with you. Since you were 11 or 12 when this happened, the attorney representing you probably had to go through a special proceeding (infant comp order, or similarly... View More

View More Answers

3 Answers | Asked in Car Accidents and Personal Injury for Texas on
Q: I have a question, about money I get every month from a settlement from my dad passing away in a two 18-wheeler accident

I was 11-12 years old and my mom was the one who made the decisions on when I get my money and how much I’m able to get at a certain period of time. And now that I’m an adult I think that’s it’s now my choice to change how I receive that money.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2024

I'm sorry to hear about the loss of your father and the circumstances surrounding it. Regarding the settlement money, the specifics of how and when you can access the funds may depend on several factors:

1. The terms of the settlement agreement

2. The type of account the money...
View More

View More Answers

3 Answers | Asked in Car Accidents and Personal Injury for Texas on
Q: I have a question, about money I get every month from a settlement from my dad passing away in a two 18-wheeler accident

I was 11-12 years old and my mom was the one who made the decisions on when I get my money and how much I’m able to get at a certain period of time. And now that I’m an adult I think that’s it’s now my choice to change how I receive that money.

John Michael Frick
John Michael Frick
answered on Apr 1, 2024

If the settlement agreement gives you the choice on how to get the money now that you are an adult, follow the terms of the settlement agreement as it pertains to notifying whomever is holding the money for your benefit. Since this is not a typical situation, it will depend on what the exact... View More

View More Answers

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: How do I finalize an AJ report for custody. The AJ report was written by the judge. What steps do I take to get it final
John Michael Frick
John Michael Frick
answered on Apr 1, 2024

Prepare a Final Order in Suit Affecting the Parent-Child Relationship based on the AJ report using the standard language set forth in the Texas Family Law Practice Manual (3rd ed. or 2022 ed.). Submit the proposed Final Order to opposing counsel to determine if there are any objections. If there... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.