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1 Answer | Asked in Landlord - Tenant and Probate for Texas on
Q: Can I be legally evicted out of my parents home by a company that’s trying to buy the property? My parents are deceased.

My step dad brother is trying to sell the property. He has open a probate case and has been assigned Temporary Administrator

Alisha Melvin
Alisha Melvin
answered on Apr 29, 2024

The temporary administrator can handle the eviction if the court granted that authority in their order. There are many other questions that remain to answer this properly. Do you have an ownership interest in the property? If you are an heir with an ownership interest the administrator may need... View More

2 Answers | Asked in Bankruptcy for Texas on
Q: Can I redeem my repossessed vehicle by filing chapter 13 bankruptcy?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Apr 29, 2024

In large part, the Bankruptcy Code accommodates applicable State law with respect to whatever property rights have been created as of the bankruptcy filing date.

So your first stop is your written agreement with dealer/lender with whom you have had a car loan. If you have a right to...
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2 Answers | Asked in Bankruptcy for Texas on
Q: Can I redeem my repossessed vehicle by filing chapter 13 bankruptcy?
James L. Arrasmith
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answered on May 1, 2024

Yes, you can potentially redeem your repossessed vehicle by filing for Chapter 13 bankruptcy. This process allows you to reorganize your debts and can include a plan to catch up on past due payments for items like your car. In a Chapter 13 bankruptcy, you propose a repayment plan to make... View More

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1 Answer | Asked in Divorce, Legal Malpractice and Family Law for Texas on
Q: Can I sue the lawyer who handled my divorce for malpractice in TX?

The lawyer who handled my divorce did not do anything I asked and she promised, she behaved unethically and lied to me. Please, can you provide me with the names of divorce malpractice lawyers in Texas?

John Michael Frick
John Michael Frick
answered on Apr 29, 2024

If your divorce lawyer's conduct fell below the standard of care and caused you to sustain damages, you can sue her for legal malpractice. How strong your case is depends on the particular facts and circumstances, the nature of your damages, and the likelihood you would have prevailed on the... View More

1 Answer | Asked in Real Estate Law for Texas on
Q: Can I purchase a home in Texas without including my spouse or their debts. They are willing to sign a quit claim deed.

They are willing to sign quit claim or whatever necessary. Is there a work around to this or is it possible? We have separate accounts. I want to buy the home and apply for grants/assistance without his income, debt, or any involvement. He wants to claim to the home.

John Michael Frick
John Michael Frick
answered on Apr 29, 2024

Your husband's willingness to sign a quit claim deed is not the ideal solution. Instead, you and your husband should enter into a partition and exchange agreement confirming that the home you are purchasing is and will remain your sole and separate property and waiving all rights to... View More

2 Answers | Asked in Personal Injury, Tax Law and Collections for Texas on
Q: I'm wondering if my creditors could get their hands on money i received from injury settlement?

I received injury settlement can my creditors take from my account from these monies?

Also do I have to pay tax on the settlement?

James L. Arrasmith
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answered on Apr 27, 2024

The answer to your questions depends on the specific circumstances of your case and the laws of your jurisdiction. However, here are some general considerations:

1. Creditor claims on settlement funds:

In many cases, settlement funds from a personal injury claim are protected from...
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2 Answers | Asked in Personal Injury, Tax Law and Collections for Texas on
Q: I'm wondering if my creditors could get their hands on money i received from injury settlement?

I received injury settlement can my creditors take from my account from these monies?

Also do I have to pay tax on the settlement?

Tim Akpinar
Tim Akpinar
answered on May 2, 2024

It could depend on who the creditors represent. In terms of taxes, pain and suffering are generally not taxed. The other damages could be treated differently. This is something your attorney, or a tax attorney should advise on after seeing the breakdown of the types of damages your case involves.... View More

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1 Answer | Asked in Communications Law for Texas on
Q: I have a company who has been calling me for months I have asked them to stop calling. They calling several times a

Day for example they have called 21 times in 13 days

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

Under Texas law:

(a) A person commits an offense if, with intent to harass, annoy, alarm, abuse, torment, or embarrass another, the person:

* * *

(4) causes the telephone of another to ring repeatedly or makes repeated telephone communications anonymously or in a manner...
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1 Answer | Asked in Foreclosure and Real Estate Law for Texas on
Q: Getting out of a bad mortgage with little to no damage to credit.

My husband and I bought a house in 2022, we bought it while in a different state so we never saw it in person. They needed to fix the foundation before the sale could go through and when they did it caused a lot of damage to the house, plumbing was detached and ruined, the chimney detached and... View More

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

Assuming your Lender is not the same person or entity as the Seller, your best strategy to avoid harming your credit is to sell the house "as-is" to an investor and pay off the mortgage. Given the problems you describe, you will likely lose much of your equity and may even have to pony... View More

1 Answer | Asked in Banking, Business Law, Consumer Law and Contracts for Texas on
Q: BCHAPTER III - CREDIT REPORTING AGENCIES Sec. 1681i - Procedure in case of disputed accuracy.. how to check

I might have a case for this but I wanna make sure...

Matthew McKenna
Matthew McKenna
answered on Apr 26, 2024

In order to get procedures from a credit reporting agency, you'll likely need to sue them and ask for the procedures in discovery. They will likely only hand them over under a protective order. I would contact a consumer protection attorney that is familiar with the Fair Credit Reporting Act.

1 Answer | Asked in Trademark and Intellectual Property for Texas on
Q: We are looking at starting a baseball facility with the name X. there is a softball facility with the name X softball.

Would this be an issue or would this be considered a different enough business to be allowed.

James L. Arrasmith
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answered on Apr 25, 2024

The issue of whether your baseball facility can use the name "X" when there is already a softball facility named "X Softball" depends on several factors. Here are a few considerations:

1. Trademark: If "X Softball" has a registered trademark for their name,...
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2 Answers | Asked in Criminal Law, Appeals / Appellate Law and Federal Crimes for Texas on
Q: If someone got coerced into signing a plea deal but no evidence was found & it was based on hearsay how can one go about

Coerced into signing a plea deal because if not the lawyer said would get death penalty if didn't but no evidence was found no DNA no video no nothing how can one go about trying to get justice for a loved one?

John Michael Frick
John Michael Frick
answered on Apr 25, 2024

You can file a writ of habeas corpus and will have to prove coercion. Be aware that coercion is NOT recommending that a defendant accept a plea deal because, if not, he will likely receive the death penalty. Coercion IS pointing a gun at a defendant and telling him to sign the plea deal or you... View More

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2 Answers | Asked in Criminal Law, Appeals / Appellate Law and Federal Crimes for Texas on
Q: If someone got coerced into signing a plea deal but no evidence was found & it was based on hearsay how can one go about

Coerced into signing a plea deal because if not the lawyer said would get death penalty if didn't but no evidence was found no DNA no video no nothing how can one go about trying to get justice for a loved one?

Penny Wymyczak-White
Penny Wymyczak-White
answered on Apr 29, 2024

You can file a Writ but they are difficult to win. I am sure that there is evidence . There had to be witnesses that were going to testify. They don't have to have DNA or a video to find someone guilty .

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1 Answer | Asked in Probate for Texas on
Q: My mother passed away recently and had a will. She was in a nursing home when she passed, so she had a very small estate

She had no real property, no vehicles, a small life insurance policy, and small bank account. If the will has to be probated, do I need an attorney or can I as the executor handle this? Does the will need to be probated?

John Michael Frick
John Michael Frick
answered on Apr 25, 2024

To probate your mother's will, you need an attorney. You may be able to probate the will as a muniment of title under the circumstances. Probating a will in Texas is a relatively simple straightforward process for an attorney familiar with probate law. Unless someone contests the will, it... View More

1 Answer | Asked in Employment Law for Texas on
Q: Is it legal to work a full shift without being told what your pay is changing to in the state of Texas?

My husband's employer notified all employees that their pay was getting switched from a daily pay rate to an hourly pay rate. They reassured them that their pay would not be lowered but would not let them know what the hourly rate would be or when it would take place. My husband went in to... View More

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

Under the circumstances described, neither the employee nor the employer has done anything illegal. Your husband could have declined to work yesterday without being told what his hourly pay rate would be. Since he was told that his pay was getting switched from a daily rate to an hourly rate but... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: When initiating a divorce, if the wife asks you to pack your bags and leave and you comply.canthisbe used againstulater?

Both names on the mortgage. One doesn’t want to lose any rights to house, kids, or assets.

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

It can be used against you in a temporary order hearing to award the wife temporary exclusive use and possession of the house during the pendency of the divorce action. It will not affect a final disposition of the property in your divorce decree.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can you provide services for a deposit that has not been returned. I moved out in Jan 2024 and as of 4/18 I have nothing

I moved out Jan. 2024 and still havent received anything. I have sent emails and I had the run around. I also went into the office to ask questions and they said everything is processing. That was March 22nd. I am reaching out for help since I havent received an itemized statement of deductions or... View More

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

The most common issue in a case involving the delay in issuing a refund of a security deposit is proof that the tenant gave the landlord a written statement of the tenant's forwarding address. Section 92.107 of the Texas Property Code makes this a condition precedent to the landlord's... View More

1 Answer | Asked in Foreclosure for Texas on
Q: What do attorneys do when someone is facing foreclosure by the HOA.
John Michael Frick
John Michael Frick
answered on Apr 24, 2024

If there is a valid ground to contest the foreclosure, an attorney likely would file an application for a temporary restraining order and temporary injunction as part of a declaratory judgment action seeking a declaration that the HOA does not have valid grounds to foreclose on the property.... View More

2 Answers | Asked in Personal Injury for Texas on
Q: It took over 6 mo.for the lawyer to get me to see a lung Dr due to a black spot on my right lung in the middle of it an

an now I'm having breathing problems if I would of seen a lung Dr when I told the lawyer I wouldn't have to do breathing treatments the rest of my life he failed to get me a Dr when I first told him an my wife has to have back surgery an the same thing with her it took him that long to... View More

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

Typically, lawyers are not involved in making arrangements for patients to see doctors. That being said, pulmonologists are a type of specialized doctor that is in high demand. When my internist referred me to my pulmonologist, the earliest appointment I could get with her was more than six... View More

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1 Answer | Asked in Family Law for Texas on
Q: Hello,My 16 year old daughter has recently given birth to a beautiful baby boy.

I was told by my HR department at work that I need to get a court order establishing me as a legal guardian to get the child added to my insurance. What is the process for filing an application for guardianship in Randall County Texas? Is an attorney necessary? Any idea what the costs are for this... View More

Gratia "Grace" P. Schoemakers
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answered on Apr 24, 2024

This is a family law process. You will need to prove that you have been taking care of the child for more than 6 months, (to give you standing), and then you need to sue your own child and the other parent of the child to get a court to agree that you would be a better full time parent that the... View More

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