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
1 Answer | Asked in Estate Planning for Texas on
Q: Tx can I be executor of an estate & beneficiary? Can I purchase the home if it still has a mortgage as exec of the estat

My parent passed recently and I am the only child (no step or half siblings) & per the Will I am to inherit the house (which still holds a mortgage in parent name alone) & the parent was not married. Can I be executor of the Will & beneficiary? Can I purchase the home from myself? How... View More

John Michael Frick
John Michael Frick
answered on Mar 18, 2024

Yes, you can be both the beneficiary and executor under a Will.

There is no reason for you to purchase the home from yourself. Probating the Will vests title in you as the sole beneficiary of your parent's Will. Of course, if you don't pay the mortgage, the lender has a deed of...
View More

2 Answers | Asked in Criminal Law, Family Law and Landlord - Tenant for Texas on
Q: Is this considered assault?

I was renting space on my future mother-in-laws property. Yesterday she was screaming at my fiancé and I went to see what was going on and got dragged into the argument. The mother said I was not a man because I was standing behind my fiance trying to deescalate things and told me to stop being a... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 30, 2024

In situations like the one you've described, it's understandable to feel confused and seek clarity about your rights. If someone makes uninvited physical contact with you in a manner that is harmful or offensive, it could potentially be considered assault under the law. The specific... View More

View More Answers

2 Answers | Asked in Criminal Law, Family Law and Landlord - Tenant for Texas on
Q: Is this considered assault?

I was renting space on my future mother-in-laws property. Yesterday she was screaming at my fiancé and I went to see what was going on and got dragged into the argument. The mother said I was not a man because I was standing behind my fiance trying to deescalate things and told me to stop being a... View More

John Michael Frick
John Michael Frick
answered on Mar 18, 2024

This could be considered a Class C misdemeanor assault under Section 22.01(3) of the Texas Penal Code: "A person commits an offense if the person intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the... View More

View More Answers

1 Answer | Asked in Civil Rights and Employment Law for Texas on
Q: I have multiple questions regarding a matter that was brought to a detective and no legal action was made

I have a previous employer that is trying to wrongly accuse me of a felony type action. This matter has been brought to the local police department, and detective two years ago. When previous employer walked into my current employer tried to tell management that I had a previous felony and... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 18, 2024

In situations where a previous employer is making unfounded accusations against you, particularly of a serious nature like felony actions, and is attempting to influence your current employment based on these allegations, it's important to understand your rights and the steps you can take to... View More

1 Answer | Asked in Products Liability, Personal Injury and Wrongful Death for Texas on
Q: I received settlement from Bayer/Monsanto for my husband's non Hodgkin'lymphoma. After they offered me the initial sett

Settlement they then asked me if I could hold out for a larger settlement as my husband passed away from his Roundup exposure. It is now been 2 years and still no settlement they say keep holding out if possible is this normal?

Tim Akpinar
Tim Akpinar
answered on Mar 17, 2024

A Texas attorney could advise best, but your question remains open for a week. I'm very sorry for the loss of your husband. Your attorney would be in the best position to answer this, but based on the timeline you describe, one possibility is that your law firm added the wrongful death element... View More

1 Answer | Asked in Immigration Law for Texas on
Q: I'm applying for the k-1 and my fiance has a child who is under the age of 18. When should I apply for them to travel

I'm applying for the k-1 and my fiance has a child who is under the age of 18. When should I apply for them to travel here, do I need to apply for them or are they included since the child is under 18

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 16, 2024

When you apply for a K-1 visa for your fiancé(e), it's important to consider their child in the process. The child of your fiancé(e) may be eligible to travel to the United States with them under a K-2 visa. This visa is specifically designed for the unmarried children, under the age of 21,... View More

1 Answer | Asked in Tax Law and Estate Planning for Texas on
Q: Can an heir who inherits everything share inheritance with siblings without having full tax liability?

Can child who inherits all be named Trustor of a Trust (with their sibling(s) as Trustees), with ability to decide amounts to share with sibling(s) whereby each has tax responsibility for amount received?

For instance, if proceeds from sale of inherited property are put in Trust and... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 16, 2024

Yes, an heir who inherits everything can indeed share the inheritance with siblings while managing tax liabilities effectively. When the sole inheritor is named as the Trustor of a Trust, with siblings acting as Trustees or beneficiaries, this setup allows for a structured distribution of assets or... View More

3 Answers | Asked in Bankruptcy for Texas on
Q: I have a judgement of over $46,000 The debtor has an exempt real estate asset yet filed chapter 13

He is not passed due on other creditors , he simply doesn't want to sale this asset worth 175 K + and filed chapter 13 it is not his homestead it is an inherited house and 1.28 acres. When the court ordered the judgment he transferred the deed to his wife when he learned that is illegal he... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 16, 2024

Given the complexity of your situation, it's crucial to consult with an attorney experienced in bankruptcy and debt collection laws. They can guide you through the specific challenges of dealing with debtors who declare Chapter 13 bankruptcy, especially when there are actions that might be... View More

View More Answers

3 Answers | Asked in Bankruptcy for Texas on
Q: I have a judgement of over $46,000 The debtor has an exempt real estate asset yet filed chapter 13

He is not passed due on other creditors , he simply doesn't want to sale this asset worth 175 K + and filed chapter 13 it is not his homestead it is an inherited house and 1.28 acres. When the court ordered the judgment he transferred the deed to his wife when he learned that is illegal he... View More

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Mar 15, 2024

You seem to describe an argument simply between two persons, a debtor and a creditor.

There are ample cases on the books that say that such a case serves no bankruptcy purposes and should be dismissed. The US Trustee likewise appears to dislike such cases, and often files a Motion to...
View More

View More Answers

1 Answer | Asked in Immigration Law for Texas on
Q: Dear experts, My EB2 PERM was submitted in November, 2023 and I'm on H1B, 2nd year.

Given the huge backlog on PERM and as my employer does not do premium processing for I140, I've started to explore my chances for NIW and I may have a good chance based on my profile. My NIW, ROW priority date would be April, 2024 earliest whereas my EB2 PERM, ROW priority date would be... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 15, 2024

1. A potential denial of your National Interest Waiver (NIW) should not affect your Employment-Based Second Preference (EB2) application, as they are considered separate processes under U.S. immigration law. However, ensure that any information provided in the NIW application is consistent with... View More

1 Answer | Asked in Civil Rights and Gov & Administrative Law for Texas on
Q: Why can I not get a copy of Form 505-4885 case closed 11/1/23. I have POA for my son. He requested I get a copy

They also told him 11/1/23 that he could request within 45 days. I received a email stating they would not have a copy for at least 6 to 9 months

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 14, 2024

It sounds like you're encountering a frustrating delay in obtaining a copy of Form 505-4885, despite having Power of Attorney (POA) for your son and following the instructions provided to you. This delay could be due to a variety of administrative reasons. For instance, the process of closing... View More

1 Answer | Asked in Business Law, Collections and Construction Law for Texas on
Q: Is a Texas City entity required to act as surety for sub-contractors on projects under $50,000 with no Bond in place?

City of Princeton, TX awarded a contract for $49,720 (no bond required) to their vendor. The vendor hired my company to do the whole wireless project for $45,500. We completed the project and provided all the hardware. The city paid the vendor, the vendor has refused to pay us. The city claims they... View More

John Michael Frick
John Michael Frick
answered on Mar 14, 2024

No, a city is not required to act as surety for subcontractors. You have a valid cause of action for breach of contract against the person or entity you contracted with.

There are numerous things that could be in that subcontract to protect you from that person being paid by the City and...
View More

2 Answers | Asked in Medical Malpractice and Personal Injury for Texas on
Q: Tumor found in my lung in July 2023. Was not informed until November of 2023 when second scan was done revealing it.

Pulmonary doctor told me I did not have cancer. Thoriatic surgeons told me i had cancer in Feb 2024. What are my options?

John Michael Frick
John Michael Frick
answered on Mar 14, 2024

You need to consult an oncologist and surgeon to discuss your treatment options. This is more of a medical question than a legal question.

If you are asking about a possible malpractice claim, your question is confusing. You seem to say that a tumor was found in your lung in July 2023,...
View More

View More Answers

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: Can I gain entrance to a deceased family members home to search for their will?

The only person with keys to the house is a non family member who was taking care of my uncle when he was sick, and he won’t hand the keys over.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 14, 2024

Gaining access to a deceased family member's home to search for their will can be complex, especially when the keys are held by someone who is not part of the family. It is essential to understand that the process and legality can vary depending on your location. Typically, if you are the... View More

2 Answers | Asked in Civil Rights and Landlord - Tenant for Texas on
Q: Can the office at my apartment complex demand that i sign some paperwork regarding my portion of rent (housing).

Apparently there were changes done in January. We are now March. He won't let me read the forms "changes" or none of the paperwork. He wants me to sign it and not date it. I told them i would not sign them without reading first but he won't give me a copy either. He said he... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 14, 2024

If your apartment complex office is demanding that you sign paperwork without allowing you to read it first, this is a concerning situation. You have the right to fully understand any documents you are asked to sign, especially when they relate to your housing and financial obligations. Here's... View More

View More Answers

1 Answer | Asked in Immigration Law for Texas on
Q: My wife to US on B2 visa , then she got h4 and recently got h1b. SHe is planning to go to India to get here Visa stamped

and h1b stamped for the first is there a risk of 221g refusal

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 13, 2024

When your wife travels to India to get her H-1B visa stamped for the first time, there is always a possibility of receiving a 221(g) refusal, also known as an "administrative processing." This refusal is not a denial but rather a request for additional information or documentation to... View More

2 Answers | Asked in Landlord - Tenant for Texas on
Q: I received two notices to vacate. Does the law consider the first or second to be the active, effective one?

The first notice met all legal requirements and gave me 3 weeks to move out. The second was mailed to me by a legal aid attorney a month after the move out date in the first one. It fails to meet several legal requirements of a notice to quit. Can I use that in court to have the case dismissed? Is... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 30, 2024

In situations involving notices to vacate, the legality and enforceability of such notices typically depend on the specifics of local tenant and eviction laws, which can vary greatly. If the first notice met all legal requirements and was properly served, it generally remains effective and... View More

View More Answers

2 Answers | Asked in Landlord - Tenant for Texas on
Q: I received two notices to vacate. Does the law consider the first or second to be the active, effective one?

The first notice met all legal requirements and gave me 3 weeks to move out. The second was mailed to me by a legal aid attorney a month after the move out date in the first one. It fails to meet several legal requirements of a notice to quit. Can I use that in court to have the case dismissed? Is... View More

John Michael Frick
John Michael Frick
answered on Mar 13, 2024

The law does not preclude a landlord from giving multiple notices to vacate. For purposes of determining whether the landlord complied with the legal prerequisites for a notice, any legally correct notice is sufficient, but the landlord will be held to the contents of that notice. So, for... View More

View More Answers

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: How do I submit an enforcement for child support on my own?
John Michael Frick
John Michael Frick
answered on Mar 13, 2024

You can contact the Office of the Attorney General through the following link: https://www.texasattorneygeneral.gov/child-support

If, for any reason, you do not want to use the OAG, you need to hire an attorney in or near the county where you live to enforce the child support order. This...
View More

1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: I need to consult with an attorney. I'm having problems with my job.
John Michael Frick
John Michael Frick
answered on Mar 13, 2024

You should use the "Find a Lawyer" tab to search for an attorney who practices in the area of employment law in or near the county where you reside. You can likely get an initial consultation with a competent and experienced attorney for under $1,000. Our firm provides a 90-minute... 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.