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1 Answer | Asked in Divorce and Family Law for Texas on
Q: If ex-husband does not provide vehicle title to me as stated in divorce decree, can he be held responsible for my costs?

He states the vehicle title is lost. Sends picture of original title in his possession. Refuse to act to obtain a certified copy of the original and send it to me. I start the long process of need to get a Lien Release from the bank, a certified copy of Divorce Decree, apply for certified copy of... View More

John Michael Frick
John Michael Frick
answered on Feb 5, 2024

It would have been quicker and easier to simply have had your ex-husband sign a power of attorney to transfer motor vehicle title on the form provided by the DMV. This is routinely how title transfers due to divorce proceedings are accomplished. A typical divorce decree would have required this... View More

1 Answer | Asked in Adoption and Family Law for Texas on
Q: Hi, I am looking for a way to adopt my grandson I have full custody of him. I am looking for bro lawyer
John Michael Frick
John Michael Frick
answered on Feb 5, 2024

Many family law attorneys handle adoption cases. Assuming your grandson's parents are dead, an adoption proceeding should be relatively simple. If either parent is still living, it becomes a little more complicated if the living parent(s) is agreeable to the adoption. If there is one or... View More

1 Answer | Asked in Consumer Law and Landlord - Tenant for Texas on
Q: Been in rv park in breham tx It has been paying on the 6th for 10 months. Under motel laws what are my tenants rights

I have been paying monthly for 8 months in the motels laws of Texas it states that after 30 days you are conceder a tenant and must be evicted

John Michael Frick
John Michael Frick
answered on Feb 5, 2024

The answer to your question depends on whether you are a tenant or guest under your contract with the RV park. The question of whether RV occupants are tenants or guests is an important one and depends on the circumstances of the occupancy. In Texas, most RV parks operate like apartment complexes.... View More

2 Answers | Asked in Civil Litigation and Family Law for Texas on
Q: can my mom take my phone that i bought if im 18 and try to keep it and give it to another family member.

i bought a phone from a friend (fresh hasnt been used before) and had got in trouble (im 18), she (my aunt who is my guardian) takes the phone and a couple days later deletes all my information and gives it to my cousin...is this legal? can i sue or call the police on her at all? because she wont... View More

James L. Arrasmith
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answered on Feb 5, 2024

No, it is not legal for your aunt to confiscate property that you purchased and paid for with your own money, simply because you are 18 years old. Here are several reasons why:

1. You are legally an adult at 18 and have a right to own and protect your own property. Your aunt cannot treat...
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2 Answers | Asked in Civil Litigation and Family Law for Texas on
Q: can my mom take my phone that i bought if im 18 and try to keep it and give it to another family member.

i bought a phone from a friend (fresh hasnt been used before) and had got in trouble (im 18), she (my aunt who is my guardian) takes the phone and a couple days later deletes all my information and gives it to my cousin...is this legal? can i sue or call the police on her at all? because she wont... View More

John Michael Frick
John Michael Frick
answered on Feb 5, 2024

If you are 18 in Texas, property you bought typically belongs to you. However, when a person is not mentally competent, another competent adult can be appointed as the guardian of that person and their property. It is not unusual for a minor to have a guardian, but the guardianship ends when they... View More

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1 Answer | Asked in Real Estate Law for Texas on
Q: I have a deed to my property and a small city says it is theirs for a proposed road. Has been blocked off for 20 years

Who has burdon of proof me or the city

John Michael Frick
John Michael Frick
answered on Feb 5, 2024

The plaintiff in any lawsuit will have the burden of proof. So it depends on whether you or the City is the plaintiff in any subsequent litigation.

Rights of way for existing or proposed roads may or may not be indicated on a deed itself. A typical Warranty Deed explicitly says:...
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1 Answer | Asked in Family Law and Appeals / Appellate Law for Texas on
Q: If I am a pro se appellee, should I wait until the appellant attorney notifies me to appear in court?

I am the appellee in a family accelarated appeal that my ex filed after a judgement for arrears was granted. Is it the appellant's attorney duty to notify me before I file my brief? Or should I file my brief regardless of notification?

John Michael Frick
John Michael Frick
answered on Feb 5, 2024

Assuming that you are referring to an appeal to the court of appeals (as opposed to a de novo appeal from an associate judge's ruling to the district court), your brief is due twenty days after the Appellant's attorney files the Brief of Appellant in the court of appeals. Tex. R. App. P.... View More

1 Answer | Asked in Estate Planning for Texas on
Q: What happens to a will after remarriage?

Mom and dad created a will before my mom passed away in 2021. My dad has recently remarried. How does this remarriage affect the will?

John Michael Frick
John Michael Frick
answered on Feb 5, 2024

The Will itself remains valid, but the new spouse may have widow's rights separate and apart from the Will. Also, any property acquired by the couple after the remarriage will be community property of the couple. Dad's Will can only dispose of his undivided one-half interest in such... View More

2 Answers | Asked in Real Estate Law for Texas on
Q: Would it be possible to ever change my deceased mothers property to my name if she had no will.

My deceased mothers property is just sitting there and I've been paying her back taxes. When she was alive she stated she wanted to leave one lot and the trailer that's sitting on it to me and the other one with a trailer to my niece. I have 2 brothers and one sister I don't think... View More

John Cucci Jr.
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answered on Feb 4, 2024

Yes. To get it in your name exclusively, or exactly as your mom stated, you can have papers drawn up, including an Affidavit of Heirship, and agreements between your two brothers and your sister. If they all agree, you can have the property transferred as you stated. If they will not agree, you... View More

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1 Answer | Asked in Criminal Law for Texas on
Q: My boyfriend has been charged with ASSAULT FAMILY/HOUSEHOLD MEMBER W/PRE conv. His bond conditions say victim unknown?

Is that normal for them to list a victim unknown or is this a paperwork error that could result in dismissal?

John Cucci Jr.
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answered on Feb 4, 2024

There is a problem with a victim not being named. Sometimes, the name is a "Jane Doe" to protect the victim, but victim unknown is too vague to stand up to a motion to dismiss.

It does depend, whether or not, the written charges are by Indictment or by Information. By information...
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1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Federal Crimes for Texas on
Q: can you appeal a federal plea deal? I signed a plea in Kerr county because I knew if I stayed there I would die.

I have a seizure disorder and Kerr County did not give me my seizure medication, I had several seizures there which were ignored. I had a seizure when I met the attorney and then again before I went before the judge. The Judge asked if I was ok because I was confused. He told the attorney to go... View More

James L. Arrasmith
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answered on Feb 4, 2024

Appealing a federal plea deal after it has been accepted by the court can be challenging, but there are circumstances under which it might be possible, particularly if you can demonstrate that your plea was not entered into knowingly and voluntarily. In your case, the medical issues you faced,... View More

1 Answer | Asked in Tax Law for Texas on
Q: I received a 1099C for a car that I bought with my deceased ex-husband in 2004. They sent me one for the entire balance.

Should it be for half of the amount since we were divorced at the time of his demise?

James L. Arrasmith
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answered on Feb 4, 2024

When you receive a 1099-C for a debt that was jointly held with a now-deceased individual, such as an ex-spouse, the situation can indeed become complex. Generally, the responsibility for the debt and the implications of the cancellation of debt income can vary based on several factors, including... View More

1 Answer | Asked in Traffic Tickets for Texas on
Q: Parked in handicap spot

I briefly parked in a handicap spot in my apartment complex as I was transporting my disabled father who DOES have a handicap parking sticker and stopped at my apartment for him to use the restroom and get some stuff. I was there for like 10 minutes. When we came out I had a citation on my... View More

James L. Arrasmith
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answered on Feb 4, 2024

In Houston, TX, parking in a handicap spot without the appropriate handicap parking sticker can result in a citation. However, given the circumstances you've described, you have a valid argument to contest the ticket. Your father's handicap parking sticker is registered to his car, not... View More

2 Answers | Asked in Criminal Law, DUI / DWI, Federal Crimes and Juvenile Law for Texas on
Q: I'm 13 and I got caught with 3 disposables on school prpty and 2 were empty one was full of honey, what am I facing.

They also put me down as selling on school property

Jim  Butler
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answered on Feb 4, 2024

We are talking "honey", "budder" - the vape cartridges that contains Delta 8,9, or 10 ? I'm not sure what your schools policy is if you are caught with a vape that contains one of these oils. If it turns out to be Delta 9 they could charge you with possession of marijuana... View More

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1 Answer | Asked in Employment Law and Intellectual Property for Texas on
Q: Intellectual property law for book written while working for a company.

Wrote a book on a topic very relevant to the company where I work. My personal connections made it possible. Roughly half of the time spent on the project was my own personal time, and I've spent a couple thousand dollars on the project that have not been reimbursed. I have kept good written... View More

James L. Arrasmith
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answered on Feb 4, 2024

Given your situation, where the work was done partially on your own time and without a specific contract addressing intellectual property rights, you might indeed have leverage in negotiating royalties for your book. The key factors in your favor are the lack of a clear intellectual property... View More

1 Answer | Asked in Immigration Law for Texas on
Q: Which visa should my boyfriend (UK citizen) apply for so that he can temp stay with me (US citizen) before marriage?

Currently he works remote in the UK but is leaving his job, and I work full time in the USA and my job is the higher earner. We have been together for a long time LDR and occasional visits with ETSA, and we are ready to live together and start our futures. My company is international, however I was... View More

James L. Arrasmith
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answered on Feb 4, 2024

Given your situation and intentions, the K-1 visa, commonly referred to as the fiancé(e) visa, might indeed be the most appropriate route for your boyfriend to temporarily stay in the U.S. before you get married. The K-1 visa allows the fiancé(e) of a U.S. citizen to enter the United States for a... View More

1 Answer | Asked in Criminal Law for Texas on
Q: How can I get my record expunged online?
John Cucci Jr.
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answered on Feb 2, 2024

In Texas, there are very few things that can be expunged from your record. You must have won your trial, got your case dismissed in court, or had a deferred adjudication, that you completed, and had a judgment of no conviction.

If your case had one of the above results, you can only get an...
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1 Answer | Asked in Real Estate Law for Texas on
Q: Selling an inherited home in Puerto Rico. Can my travel expenses be deducted when proceeds be distributed?

We do not live in Puerto Rico. I have traveled to PR 4 times in order to get the house ready for sale and also initiated and paid for all documents required starting with the “Declaratoria de Herederos”, appraisal, cleaning and other services to keep the house in good shape. Inclusive paying... View More

John Cucci Jr.
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answered on Feb 1, 2024

If the property is being sold through an Estate that is in court, allthe expenses to manage the property and in preparation for it's sale, can and should be accounted, and figured into the distribution to heirs.

If you do not have an attorney on the Estate case, you should get...
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2 Answers | Asked in Bankruptcy, Consumer Law, Car Accidents and Civil Litigation for Texas on
Q: How can I get a suspended license for a lien taken off of me? I can't get another DL in another state correct?

I was told to do an SR-88 but how can I lower the payment? It's also accruing interest which to me is ridiculous! I need suggestions. TIA

James L. Arrasmith
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answered on Feb 4, 2024

To address a suspended license due to a lien and prevent it from affecting your ability to obtain a driver's license in another state, it's crucial to directly engage with the agency or court that issued the lien. They can provide specific guidance on your situation and the steps needed... View More

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2 Answers | Asked in Bankruptcy, Consumer Law, Car Accidents and Civil Litigation for Texas on
Q: How can I get a suspended license for a lien taken off of me? I can't get another DL in another state correct?

I was told to do an SR-88 but how can I lower the payment? It's also accruing interest which to me is ridiculous! I need suggestions. TIA

T. Augustus Claus
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answered on Feb 1, 2024

To address a suspended license due to a lien, you'll typically need to satisfy the underlying debt or resolve the issue causing the suspension. Initiating an SR-88 form, also known as a Petition for Reinstatement of Driver's License, is a common step in this process. This form allows you... View More

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