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2 Answers | Asked in Real Estate Law for Texas on
Q: I need to clear a clouded title and I don't know what I should do first. Would a quiet title work?
John Michael Frick
John Michael Frick
answered on Apr 4, 2024

In performing curative title work, the best course of action depends upon the particular facts and circumstances which are creating a cloud on the title. Sometimes, a quiet title action is the best course of action, but not always. You should consult a real estate litigator in or near the county... View More

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3 Answers | Asked in Family Law for Texas on
Q: My nephew has medical power of attorney over me. Does that give his wife authority too?
John Michael Frick
John Michael Frick
answered on Mar 27, 2024

No. When you sign a power of attorney, only the person you designate as your attorney-in-fact has the powers set forth in the instrument, not that person's spouse. Even if your attorney-in-fact were to die or become disabled, his powers would not pass to his wife unless you specifically... View More

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1 Answer | Asked in Criminal Law for Texas on
Q: Who is the client, if you hire, pay and sign agreement for another person in Texas?

After hiring, paying, signing agreement, sharing information with the attorney for a WRIT investigation for my brother 30 year old conviction,the attorney is now saying my brother is the client and can not share anything with me? She emailed me her opinion on the case prior to sending my brother... View More

John Michael Frick
John Michael Frick
answered on Mar 26, 2024

The client is the person or entity on whose behalf a lawyer is providing legal services regardless of who is paying for the service. For example, if an insurance company hires a lawyer to defend a policyholder in a lawsuit brought by a plaintiff, the policyholder--not the insurance company--is the... View More

1 Answer | Asked in Tax Law, Civil Litigation and Landlord - Tenant for Texas on
Q: What type of attorney do I need to sue my deceased sons landlord for letting my daughter go in and steal his assets

I'm in texas. My son lived 7 hours away. Landord allowed her to remove assets when I told him his father and I would be in following day. I explained I was next of kin.

James L. Arrasmith
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answered on Mar 26, 2024

In Texas, for a situation involving the mishandling of a deceased person's property, you may want to consult with an attorney experienced in estate law or probate law. These attorneys handle cases related to the distribution of a deceased individual's assets and can help navigate the... View More

1 Answer | Asked in Tax Law and Business Law for Texas on
Q: Do I have to charge sales tax for video editing services in Texas?

If I do a video edit for a client and they provide me all the footage do I need to charge them sales tax?

James L. Arrasmith
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answered on Mar 25, 2024

In Texas, not all services are subject to sales tax; however, there are specific services that do fall under taxable categories. While the state's general approach leans towards taxing tangible personal property, certain services, especially where tangible personal goods are not primarily... View More

1 Answer | Asked in Real Estate Law, Animal / Dog Law, Municipal Law and Small Claims for Texas on
Q: Neighbor's cat using our house as a litter box on various spots for past two month.

A neighbor's cat using our house as a litter box for the past two months. It took me about a month to find out the owner of the cat. I have spoken to them about this problem twice but they have not done anything to prevent their cat roaming freely. This has caused quite a nuisance in front of... View More

John Cucci Jr.
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answered on Mar 24, 2024

That is a problem. Call the Animal Control office one more time. Get the name of everyone you talk to there and take notes of the call. If you get no help, you can start a small claims case against the cat owner, Animal Control, AND the HOA. That will cost you about $60. But you will get... View More

2 Answers | Asked in Criminal Law for Texas on
Q: A detective has left me a voicemail twice now asking me to call him. Should I return his call or have an attorney do it?

I am on probation currently. I have not had any contact with law enforcement and have not committed any new offenses of which I am aware. So it perplexes me why a detective is calling me. I know not to talk to police under any circumstances other than to invoke my 5th Amendment rights. I cannot... View More

John Cucci Jr.
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answered on Mar 24, 2024

I would not have you call back until you see an attorney. In my office, we have the client come in for an appointment and call the Detective on the spot, to understand what the issue is or was. It saves you and the attorney time, energy, and protects you from an ambush by police. Usually, the DET... View More

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Q: What type of attorney do I need to file law suits on those who illegally and knowingly let another assume my nok rights

I want to make the parties involved accountable for the pain and suffering im living day to day after my sons death. I spoke to all parties..i signed release of body for cremation yet they let another person step in and

assume my role. They then told all parties not to speak to me or... View More

James L. Arrasmith
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answered on Mar 24, 2024

In a situation like yours, where you're dealing with issues around next of kin rights and the legal aftermath of a loved one's death, you would benefit from consulting with an attorney who has experience in family law and estate matters. This type of lawyer can help you navigate the... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Municipal Law for Texas on
Q: I want to know how an old charge effects my gun rights in Texas

I had a misdemeanor DV 8 or so years ago in Nevada. The PD gave me a plea deal to get out of jail if I gave up my gun rights. I agreed because I was young and it was an easy way to get out of jail. I moved out of state to TX shortly after that to get away.

One of the clauses was to do some... View More

James L. Arrasmith
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answered on Mar 24, 2024

Your situation sounds challenging, but understanding the legal implications is the first step towards resolution. In Texas, as in many states, a conviction for a misdemeanor domestic violence charge typically affects one's gun rights. This is because federal law, namely the Lautenberg... View More

1 Answer | Asked in Immigration Law for Texas on
Q: I never entered illegally but I did overstay my visitor visa, but then I was paroled back into United States.

I did apply for adjustment of status after paroled into United States but was denied, now have filed for I-601A, i wanted to know my mother soon becomes a U.S. citizen is there any other option for me to obtain residency

James L. Arrasmith
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answered on Mar 24, 2024

When your mother becomes a U.S. citizen, new options for obtaining residency may become available to you. As a direct relative of a U.S. citizen, you might be eligible to apply for a green card. This process typically involves filing Form I-130, Petition for Alien Relative, to establish the family... View More

1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: My mom passed away. She had a house with a mortgage no will. Someone wants me to transfer title.

Asked for a general warranty deed so I can transfer title. I do not want the property since there is a mortgage. Any repercussions doing this?

John Cucci Jr.
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answered on Mar 23, 2024

Be careful!

I recommend getting a lawyer, or at least sitting with one to get all your options. You should find out how much is owed on the mortgage, and how much the house is worth.

I would like more info to give you solid advice. Do you have any siblings? Dead or alive? Do they...
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2 Answers | Asked in Estate Planning and Probate for Texas on
Q: How do I find if a decedent has a will.
Gratia "Grace" P. Schoemakers
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answered on Mar 25, 2024

To determine if a decedent has a will, there are several steps you can take. These steps combine legal procedures with practical measures to ensure a thorough search.

Check Personal Papers: Often, individuals keep important documents, including their will, in a safe place at home. This...
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2 Answers | Asked in Estate Planning and Probate for Texas on
Q: How do I find if a decedent has a will.
Isaac Shutt
Isaac Shutt
answered on Mar 23, 2024

Here's what we typically do:

Step 1) Search the court records for the county in which the deceased resided at the time of death.

Step 2) Then, we send a letter from our law office to any of the people who might have had possession of a will.

Step 3) Then, if we still...
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2 Answers | Asked in Tax Law for Texas on
Q: Will i need to pay tax on money if i claim it from a deceased relatives offshore bank account
Steven Goldburd
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Steven Goldburd
answered on Apr 4, 2024

If you are referring to US Tax then it depends. If the deceased relative is a US citizen or resident then 1) There could be a tax on the inherited amount in the bank account which depends on Estate Tax rules (currently ($13.61 Million per individual). 2) You need to be sure that the deceased person... View More

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2 Answers | Asked in Tax Law for Texas on
Q: Will i need to pay tax on money if i claim it from a deceased relatives offshore bank account
James L. Arrasmith
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answered on Mar 23, 2024

When you inherit money from a deceased relative's offshore bank account, tax implications can vary based on the laws of your country and the country where the money is held. Typically, inheritance itself may be taxed, and different countries have different rules regarding overseas assets.... View More

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1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: Would there be any legal grounds for an inmate who is being threatened to be poisoned with fentanyl by a gaurd?

We have filed complaints with OIG, xx, the Warden, the governor and nothing is being done about it. Two days after this incident the inmate was given a Johnny sack and his pb&j sandwich had razor blade pieces in it. We have recordings of the gaurd on duty acknowledging that they saw it also. We... View More

James L. Arrasmith
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answered on Mar 22, 2024

If an inmate is being threatened or harmed, there are several legal avenues to consider. Initially, internal complaints to the Office of Inspector General (OIG), the warden, and other prison authorities are the correct steps. If these complaints are not addressed, the situation can escalate to... View More

2 Answers | Asked in Copyright and Intellectual Property for Texas on
Q: A man writes a diary in 1947. He doesn't publish it or register it for copyright. Is it under copyright today?

After his death 10 years later in 1957, the diary is discovered in his home. It was not mentioned in his will, nor had he assigned the rights to the work to anyone. Is the diary under copyright protection in 2024? Thanks!

James L. Arrasmith
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answered on Mar 22, 2024

The copyright status of works like diaries can be complex, particularly when they are unpublished and the author has passed away. In general, for works created but not published or registered before 1978, copyright typically lasts for the life of the author plus 70 years. Since the diary was... View More

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1 Answer | Asked in Contracts, Real Estate Law and Civil Litigation for Texas on
Q: can I with hold payment from a company, if they refuse to give me an itemized bill when requested for a service?

I had a water mitigation company come out tear down a very small portion of my ceiling, and had a few fans and 2 dehumidifiers running for four and half days, they are charging me $8K+ for the work, which I believe is outrageous, so I have repeatedly asked for an Itemized invoice, they have claimed... View More

John Michael Frick
John Michael Frick
answered on Mar 21, 2024

Unless your agreement with the water restoration company specifies that payment is conditioned upon receipt of a detailed itemized invoice, an itemized invoice is not a condition precedent to your obligation to pay for the service rendered.

In most situations like yours involving small...
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1 Answer | Asked in Animal / Dog Law, Gov & Administrative Law and Municipal Law for Texas on
Q: My two dogs escaped their gate and un-alived chickens/roosters but I need information about my situation

My 2 dogs escaped and went into my neighbor's house which I didn't know had chickens but they also had more than 4 chickens (which in the law of Laredo you aren't allowed to have more than 4 chickens in you house you would need to be yards away of houses like a type of farm and you... View More

John Michael Frick
John Michael Frick
answered on Mar 21, 2024

Laredo city ordinance provides "It shall be unlawful for any person owning, keeping or having in his possession or control any dog to allow such dog to run at large upon the streets, sidewalks or public grounds of the city, or to allow any dog to run at large upon or about the residence, lot... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: FRCP 12(b)(6) v. FRCP 12(c)?

The opposing party early in the case file a FRCP 12(b)(6) to dismiss stating the I failed to state a claim for relief, I didn't exhaust my administrative remedies for EEOC. So, I survived that now the opposing party is coming under v. FRCP 12(c) almost a year later regarding the pleading. He... View More

John Michael Frick
John Michael Frick
answered on Mar 21, 2024

While the two are equivalent and are subject to the same standard, there are some subtle differences. For example, a 12(b)(6) motion only considers the allegations of the plaintiff's pleadings. A 12(c) motion also considers the allegations of the defendant's pleadings and the court can... View More

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