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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: I have no clue where my spouse is. I’m trying to terminate parental rights and get a divorce.

The non-custodial parent is not in the picture we live in two different states and he only wants to be a family if I wanted to be with him. I have proof of no help, or wanting nothing to do with our child but, he’s been abusive to me and holding the marriage over my head. I don’t know where he... View More

Joshua Frank Andor
Joshua Frank Andor
answered on Jan 9, 2024

In Texas, if you are unable to locate your spouse, you can file for a divorce by publication. This involves legally notifying your spouse of the divorce proceedings through a notice published in a newspaper in the area where they were last known to reside. This method is used when all other... View More

3 Answers | Asked in Estate Planning and Probate for Texas on
Q: How to find iout if my late husband has an power of attorney? If so how to find power of attorney uspto

How do I find if my late husband had a POA and who is executor and lawyers of his estate? Since my late husband's was killed suddenly and not retired yet, where can his widow find certain things like this? Should the widow have been contacted about any of these thing? Accident happened... View More

James L. Arrasmith
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answered on Jan 9, 2024

To determine if your late husband had a Power of Attorney (POA) or to identify the executor and lawyers of his estate, you should first check any personal records he may have left. Important documents like a POA or will are often kept in safe places such as a home safe, filing cabinet, or a safety... View More

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3 Answers | Asked in Estate Planning and Probate for Texas on
Q: How to find iout if my late husband has an power of attorney? If so how to find power of attorney uspto

How do I find if my late husband had a POA and who is executor and lawyers of his estate? Since my late husband's was killed suddenly and not retired yet, where can his widow find certain things like this? Should the widow have been contacted about any of these thing? Accident happened... View More

Jessica R. Ward
Jessica R. Ward
answered on Jan 9, 2024

I am very sorry for your loss. I am not in TX, but California. I agree with the other post, and talk to everybody to see if they were aware. The only thing I would add is that sometimes those who execute a Power of Attorney also record them in the county recorder's index where they live. This... View More

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3 Answers | Asked in Estate Planning and Probate for Texas on
Q: How to find iout if my late husband has an power of attorney? If so how to find power of attorney uspto

How do I find if my late husband had a POA and who is executor and lawyers of his estate? Since my late husband's was killed suddenly and not retired yet, where can his widow find certain things like this? Should the widow have been contacted about any of these thing? Accident happened... View More

Sheldon Starke
Sheldon Starke
answered on Jan 9, 2024

Please accept my condolences for this tragedy. I would start worth people know about lost things and your situation. Your jurisdiction is different than mine but people are not different. I would call the local probate court or better yet go there and talk to people who have encountered the same... View More

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1 Answer | Asked in Real Estate Law for Texas on
Q: If I own a mobile home on someone elses land, can they bar me from having guests? We have no lease agreement.
John Michael Frick
John Michael Frick
answered on Jan 8, 2024

If you have no lease agreement, they can bar you or any of your guests from entering their land since you have no right to enter their land without their consent. It would be in your best interests to move your mobile home to another property you either own or lease.

1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: Seeking guidance on getting out of an apartment lease or mitigating the cost of getting out of lease.

My son is under a 12-month lease agreement on a newly constructed apartment building adjacent to a college campus. Move-in was mid August but was delayed several weeks due to construction delays. At move-in the many construction items were still not complete and complaints from residents led to... View More

John Michael Frick
John Michael Frick
answered on Jan 8, 2024

It depends on the particular facts and circumstances of your case. One "bright line" rule is that if a certificate of occupancy ("CO") was not issued, your son could reject the lease for not yet being suitable for occupancy. The lack of completion of items could have an effect... View More

1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: Rule 329b(h): if a judgment is modified , corrected or reformed in any respect, time for appeal shall run when signed

However , if a correction is made pursuant to Rule 316 after expiration of plenary power provided by this rule, which states no complaint shall be heard on appeal that could have been presented in an appeal from original judgment. Rule does not address to substantial change made through a Nunc... View More

John Michael Frick
John Michael Frick
answered on Jan 8, 2024

Just because a judgment is entitled a "judgment nunc pro tunc" does not mean that it is in fact a judgment nunc pro tunc. If a new judgment makes a substantive change to the previous judgment, it is not a "nunc pro tunc" despite its title. Within its extended plenary power, a... View More

1 Answer | Asked in Personal Injury and Animal / Dog Law for Texas on
Q: Yes I was wondering is there a list that your name gets on that no matter what it's about you can't get an attorney?

I have tried and told my story so many times now that it breaks me into remembering everything I have gone through and I don't even know that I can do it again I'll pay someone I don't need someone to work for free I just need help I'm so tired of being walked on and abused... View More

John Michael Frick
John Michael Frick
answered on Jan 8, 2024

I have practiced law for more than 30 years and am unaware of any such list.

If you are experiencing grief or anxiety over the death of your service dog and/or are experiencing PTSD, you may need the help of a qualified mental health professional. While seeking such help decades ago may...
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1 Answer | Asked in Consumer Law, Estate Planning and Family Law for Texas on
Q: My mother had an unsecured personal loan at the time of her death. Do I have to pay it off?

I keep getting billing statements addressed to "The Estate of...." from American Express

The only "individual" assets she had were her personal belongings. I was "joint owner" on both her checking and savings accounts. I was the beneficiary on her life... View More

John Michael Frick
John Michael Frick
answered on Jan 8, 2024

No. A child is not legally responsible for the debts of a deceased parent in the absence of a contractual agreement signed by the child.

Forward the AmEx bill to the personal representative of your deceased mother's estate. It should be paid by the PR out of any non-exempt assets of her Estate.

2 Answers | Asked in Personal Injury, Car Accidents and Small Claims for Texas on
Q: Will I be liable for other party's legal fees if I win only the same or less amount as first offered by the adjuster

I am going to sue the at-fault driver and owner for car accident in small claims court since settlement offered by the adjuster is too low. If the other party is represented by a lawyer from their insurance company, is it likely that I will be required to pay the fees for the lawyer if I win only... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 10, 2024

Here's my 2 cents----whether you hire a lawyer to represent you is your decision, however if you are considering litigation--filing a lawsuit----then I recommend that you at least consult with a lawyer about this and get an opinion from him if he recommends that you pursue this matter, as well... View More

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2 Answers | Asked in Personal Injury, Car Accidents and Small Claims for Texas on
Q: Will I be liable for other party's legal fees if I win only the same or less amount as first offered by the adjuster

I am going to sue the at-fault driver and owner for car accident in small claims court since settlement offered by the adjuster is too low. If the other party is represented by a lawyer from their insurance company, is it likely that I will be required to pay the fees for the lawyer if I win only... View More

John Michael Frick
John Michael Frick
answered on Jan 8, 2024

If the settlement offer was made before a suit was filed, you cannot be held liable for the attorney's fees. However, after a suit is filed, there is a specific statute which allows a defendant to make a settlement offer during a lawsuit which could result in you being held liable for... View More

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2 Answers | Asked in Immigration Law for Texas on
Q: Could you please help me understand I 130 filing for my minor child?

My daughter (over 21) became a US citizen. She filed I-130 online for me. After it gets approved, can I send I-485 form for myself and I-485 for my minor child (under 18)? All of us are in US. The USCIS says that my minor child needs a separate I-130 approved. Your article says that I can use my... View More

James L. Arrasmith
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answered on Jan 8, 2024

In your case, where your daughter, a U.S. citizen, has filed an I-130 petition for you, the situation regarding your minor child (under 18) can be a bit complex. Normally, when a U.S. citizen files an I-130 for a parent, that parent's minor children (the citizen's siblings) are not... View More

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1 Answer | Asked in Animal / Dog Law for Texas on
Q: What if im letting my dog out and one charges my dog?
James L. Arrasmith
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answered on Jan 8, 2024

If another dog charges at your dog while you are letting yours out, the situation can quickly become complicated, both practically and legally. Firstly, your immediate concern should be the safety of both dogs and any people nearby. If possible, try to separate the dogs without putting yourself at... View More

1 Answer | Asked in Tax Law and Landlord - Tenant for Texas on
Q: in Austin hotel 45 days waiting for mngmnt on taxes still no word Can I withhold rent as taxes will be 1k at very soon
James L. Arrasmith
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answered on Jan 8, 2024

In your situation, withholding rent due to an unresolved issue with taxes can be legally complicated and might not be the best initial course of action. Tenant rights and landlord responsibilities vary by location, and specific laws in Austin, Texas, govern these matters.

Firstly,...
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1 Answer | Asked in Bankruptcy for Texas on
Q: Need advice regarding a fraudulent bankruptcy case that involves someone stealing my company using a forged signature.
James L. Arrasmith
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answered on Jan 6, 2024

In a situation where you suspect fraudulent activity involving the use of a forged signature to take over your company, it's critical to act swiftly and decisively.

First, gather all relevant documentation that can support your claim. This includes any paperwork related to the...
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1 Answer | Asked in Consumer Law, Small Claims and Civil Litigation for Texas on
Q: Civil suit for car repairs, where do I turn?

Put my car in a repair shop I never used before, They threw unnecessary parts into, just for my car's engine light to turn on 3 mins into getting it home, the car was driving rough and making weird buzzing noise. Tire pressure light was on as well. 3 days of having the car sit until the next... View More

James L. Arrasmith
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answered on Jan 6, 2024

In Texas, if you believe a repair shop has performed inadequate or unnecessary repairs on your vehicle, you have the right to seek legal recourse. The first step is often to try and resolve the issue directly with the repair shop. If they are unresponsive or unwilling to rectify the situation, you... View More

1 Answer | Asked in Immigration Law for Texas on
Q: I have my I-140 approved and Indian. I am on Dialysis/suffering from health issue.Can I expediate the green card process

I am an Indian Citizen and suffering from health issue. My I-140 is approved with priority date 03/27/2022. Can I expediate the green card process and if so how to proceed with it

James L. Arrasmith
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answered on Jan 6, 2024

In certain circumstances, U.S. Citizenship and Immigration Services (USCIS) allows for expedited processing of immigration applications, including those related to an I-140 petition. Medical emergencies or severe health issues can be considered valid reasons to request expedited processing.... View More

1 Answer | Asked in Criminal Law and Child Custody for Texas on
Q: I've been falsely accused of sexual assault of a minor as a minor over the age of 14. I am now 30. Can you help me?

My sister has falsely accused me of assaulting her when we were younger in August of 2023. Juvenile had me come in for fingerprints September of 2023 and an assessment January 3rd 2024 , and January 5th 2024 I was called and given a court date for the case on January 19th 2023. I have evidence this... View More

John Cucci Jr.
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answered on Jan 5, 2024

Do NOT talk to anyone else about your case or the circumstances surrounding it. Get a great lawyer ASAP!

These cases are terrible and the State and the people working for the State are going to steam-roll you! Do not talk to any police, or detectives. Tell everyone that you want a lawyer...
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1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: I am coming up as a felon and I’m not it’s ruining my life! What do I do?

I was originally arrested in Texas for felony charges aggravated assault on one and POCS on another both were reduced to a lesser charge of petty misdemeanor. But I’ve lost my state benefits as well as countless jobs no one will rent to me. I contacted district clerk who states dps entered it... View More

James L. Arrasmith
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answered on Jan 5, 2024

Your situation, where your criminal record is incorrectly showing felony charges instead of the reduced misdemeanors, is understandably distressing and impactful. The first step is to obtain the certified letter from the district clerk that correctly states your charges and their reduction. This... View More

1 Answer | Asked in Car Accidents and Small Claims for Texas on
Q: I am planning to sue the at-fault driver in small claims court for damages related to a leased car accident.

I need to file by March for statute of limitations reasons. But can I postpone the trial till May when I will be ending the lease? I will know the final charges from the leasing company only then. I am not able to get an official response from them and I need to know that amount for the trial.

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

If you file in Feb, it is extremely unlikely that you will receive a trial setting in or before May. Civil cases filed in December were set for trial in June. I would expect that civil cases filed in Feb will have their first trial settings sometime Jul-Sep.

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