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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Texas on
Q: Can someone come back and evict a family member from property that he abandoned prior to his being of age to take posses

My father-in-law will his property to my stepson who in turn ran away from home several months ago now he has returned with a notice to vacate the property claiming his mother and I need to move because he needs the property as far as I know in Texas you have to be 21 to take possession of property... View More

James L. Arrasmith
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answered on Nov 19, 2023

In Texas, the age of majority, when a person is legally considered an adult, is 18 years old. This means that your stepson, if he is over 18, would typically have the legal capacity to take possession of property willed to him. The requirement of being 21 years old to take possession of property is... View More

1 Answer | Asked in Civil Rights, Federal Crimes, Gov & Administrative Law and Public Benefits for Texas on
Q: Dallas county are Denying me rental assistance by false statements and altering documents dates and text .

Dallas required a prescreening form to be submitted to qualify to submit ERA application, I received 4 automatic form letter denials over the 6 months. I was allowed to apply after I attempt to file a complaint. Dallas County required more qualification than needed and approval from DC compliance... View More

James L. Arrasmith
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answered on Nov 18, 2023

I'm sorry to hear about the challenges you're facing with Dallas County in obtaining rental assistance. It appears that there may be issues of miscommunication and potentially misconduct in your case. To address this situation, you should consider taking the following steps:

1....
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Where can I find attorneys that will help me collect 3 times security deposit from crooked landlord in Texas?

Aug 2020: gave security deposit to landlord of $875

July 2023: moved out but the lease didn’t expire until Sept. Notified landlord 60+ days before lease expiration as required in lease.

Aug 2023: paid last month’s rent + utilities

Sept 2023: lease ends on 1st... View More

John Michael Frick
John Michael Frick
answered on Nov 17, 2023

Your instinct is correct. It does not make sense from a lawyer's business perspective to accept such a small case. The jurisdiction of our JP courts is $20,000 or less. This is a perfect type of case for such a court. If you have all the documentation you say you have, you should be able... View More

1 Answer | Asked in Civil Litigation and Family Law for Texas on
Q: I've been divorced for 4 years and i shared a joint account and forgot to close it and I forgot it was a joint account

, I never put any money in it until recently and my ex spouse withdrew all the money i deposited, can he do this and get away with it?

John Michael Frick
John Michael Frick
answered on Nov 17, 2023

If you deposited money into a joint account that properly belongs to you and your ex-husband withdrew that money, you likely have a claim for assumpsit (also sometimes called "money had and received") to get a judgment against your ex-husband for the money he withdrew.

The legal...
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2 Answers | Asked in Car Accidents, Consumer Law and Banking for Texas on
Q: I have auto loan on a car that has been totaled out more than 5 months ago.

Got less than 25%of the loan amount from the insurance settlement. I do not have gap insurance. I reported this to the lender but they are not ready to negotiate. I have been continuing to pay the monthly EMI all through just to maintain my credit. But now they added $4600( to my loan amount) as... View More

John Michael Frick
John Michael Frick
answered on Nov 17, 2023

Legally, you owe the lender whatever the balance is on your loan. Almost all auto loans also require you to maintain full coverage insurance on the vehicle and give the lender the authority to buy insurance and add the premium to your loan amount if you do not timely furnish proof of insurance to... View More

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1 Answer | Asked in Civil Litigation and Social Security for Texas on
Q: In ga I was common law married 19 years when ga recognized we separated, I then met married and divorced another man

But had a child with my common law husband am I eligible for his benefits hes deceased or am I a bigamist social sec says I can't get it because we never divorced we never married either

James L. Arrasmith
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answered on Nov 17, 2023

In Georgia, if you were in a common law marriage before the state ceased recognizing such unions in 1997 and never legally dissolved it, that marriage may still be considered valid. Entering into a legal marriage with another person while still in a valid common law marriage could potentially be... View More

4 Answers | Asked in Personal Injury, Civil Litigation and Civil Rights for Texas on
Q: Can I hold liable and sue the company of a security guard that robbed and assaulted me?

I was robbed, extorted, beaten up, and threatened by a security guard and his group at a night club and I'm looking to sue the company or agency that hired the security guard as well as negligence on behalf of another security guard that stood by and did nothing about the incident. I have... View More

James L. Arrasmith
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answered on Nov 18, 2023

You may have grounds to sue the security guard's employer for the actions of their employee under the legal principle of vicarious liability. This principle holds an employer responsible for the actions of its employees performed within the scope of their employment. If the security guard was... View More

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4 Answers | Asked in Personal Injury, Civil Litigation and Civil Rights for Texas on
Q: Can I hold liable and sue the company of a security guard that robbed and assaulted me?

I was robbed, extorted, beaten up, and threatened by a security guard and his group at a night club and I'm looking to sue the company or agency that hired the security guard as well as negligence on behalf of another security guard that stood by and did nothing about the incident. I have... View More

John Michael Frick
John Michael Frick
answered on Nov 17, 2023

Given the small amount of damages, you should file a small claim in justice of peace court for the precinct where the assault happened. Our JP courts have jurisdiction of such small claims up to $20,000. You do not need an attorney to file such a claim. While their are attorneys who accept... View More

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2 Answers | Asked in Personal Injury and Arbitration / Mediation Law for Texas on
Q: When should one contact a lawyer if a patient injusttice was done? What needs done before contacting a lawyer?
John Michael Frick
John Michael Frick
answered on Nov 17, 2023

"Patient injustice" is a somewhat vague expression. If you believe that someone has violated a legal duty to you as a patient and that such violation caused you to incur compensatory damages (e.g. lost wages, additional medical expense, other out-of-pocket expenses, etc.), you should... View More

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1 Answer | Asked in Family Law for Texas on
Q: How to amend a QDRO, removing ex wife as beneficiary? I have since remarried and need to have my ex removed.

I am attempting rollover my pension into an IRA and the QDRO has her listed as beneficiary for my half of the pension. I cannot proceed unless she signs a form acknowledging that I am moving assets. She has received her portion and now no longer responding to my calls or texts.

My former... View More

John Michael Frick
John Michael Frick
answered on Nov 16, 2023

Ordinarily, a QDRO does not designate an employee's beneficiary. Because this is a very unusual situation, you probably should consult the attorney who handled your divorce case about why your QDRO names your ex-spouse as the beneficiary. The only thing I can think of that might explain why... View More

1 Answer | Asked in Contracts, Landlord - Tenant, Criminal Law and Identity Theft for Texas on
Q: Apartment Leasing Question

When it comes to signing a lease with three roommates and one of them wants to use their father that has the same name as their father for the credit report check. What’s the minimum and maximum offense for that?

T. Augustus Claus
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answered on Nov 15, 2023

Using another person's identity to pass a credit check is considered identity theft, a serious crime in Texas. The penalties for identity theft vary depending on the severity of the offense, but they can range from a Class C misdemeanor to a first-degree felony.

Here is a breakdown of...
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1 Answer | Asked in Consumer Law for Texas on
Q: Can I make citation to Deposition Transcripts if they have not yet been filed in the Record?

I am preparing a summary judgment motion of which I am making citation to excerpts of the deposition. I will be including the excerpts in the appendix to the summary judgment motion. The court reporter will be filing the depositions in the Record but not for another 2 weeks. I want to go ahead and... View More

John Michael Frick
John Michael Frick
answered on Nov 14, 2023

Typically, the entire deposition transcript is not file in the court records. A party wishing to use a portion of a deposition as evidence for a pretrial motion typically includes an appendix, such as your intended appendix to a summary judgment motion, attaching only those excerpt which are... View More

2 Answers | Asked in Real Estate Law, Landlord - Tenant and Family Law for Texas on
Q: Is it illegal for two brothers to apply for a home living with their sisters kids and to be turned down not a family

They turned down the application because they said they are not a family

T. Augustus Claus
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answered on Nov 14, 2023

Yes, it is illegal for a landlord to deny housing to two brothers who are applying to live with their sisters' children and are turned down because they are not a family. This is because the Fair Housing Act prohibits discrimination against applicants based on their familial status.

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2 Answers | Asked in Real Estate Law, Landlord - Tenant and Family Law for Texas on
Q: Is it illegal for two brothers to apply for a home living with their sisters kids and to be turned down not a family

They turned down the application because they said they are not a family

John Michael Frick
John Michael Frick
answered on Nov 14, 2023

It depends upon the particular facts and circumstances. A key fact is whether the two brothers have legal custody of their sisters kids or have a pending action for custody of those kids. If so, federal housing discrimination laws may protect them from "familial status" discrimination.

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1 Answer | Asked in Estate Planning for Texas on
Q: I am the trustee for my deceased sister's trust. The full residue clause reads " The Trustee shall distribute the

residue of the trust estate to the then-living issue of Trustor"s mother, by right of respresentation." I need to know if this statement requires me to include the children and grandchildren of siblings that preceded the trustor in death. The trustor had no living children nor... View More

John Michael Frick
John Michael Frick
answered on Nov 14, 2023

Taking any phrase out of context is inherently dicey. It sounds like the clause requires you to distribute to your deceased sister's siblings and their descendants.

Dividing something by right of representation requires a careful review of all of your sister's mother's...
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2 Answers | Asked in Divorce, Child Support and Family Law for Texas on
Q: Our 16 year old lives and works independently outside the home. Will my husband need to pay child support?
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answered on Nov 14, 2023

Yes, your husband may still need to pay child support for your 16-year-old child, even if they live and work independently outside the home. Child support in Texas generally continues until the child reaches the age of 18 or graduates from high school, whichever occurs later. However, there are... View More

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2 Answers | Asked in Divorce, Child Support and Family Law for Texas on
Q: Our 16 year old lives and works independently outside the home. Will my husband need to pay child support?
John Michael Frick
John Michael Frick
answered on Nov 14, 2023

In most circumstances, a parent can be required to pay child support until a child reaches eighteen years of age and thereafter until the child graduates from high school as long as the child remains enrolled in secondary school.

At age 17, if a child is financially independent, the child...
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2 Answers | Asked in Constitutional Law and Admiralty / Maritime for Texas on
Q: No judicial courts in America since 1789. So what jurisdiction are courts under? And is it legal?
John Michael Frick
John Michael Frick
answered on Nov 14, 2023

The Judiciary Act of 1789 established the federal court system authorized by Article III of the US Constitution. Federal district courts are authorized to exercise admiralty or maritime jurisdiction.

The current Texas state court system was established by the 1891 amendment to the Texas...
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3 Answers | Asked in Insurance Defense for Texas on
Q: what kind of attorney Practice one of my Insurance Client lawsuit me for underinsured coverage claim ?

I was Allstate agent till 2020 when I started my own independent insurance agency . I received Citation on November 1st from customer lawsuit Allstate and me for incident happened in 2016 . I like to have consultation with Attorney whose practice in defending insurance agent lawsuit

John Michael Frick
John Michael Frick
answered on Nov 14, 2023

It sounds to me like this is an E&O ("Errors and Omissions") claim against you as a licensed professional which falls into the area of practice known as professional liability law (an area of law which I personally happen to practice).

As a licensed insurance agent, you were...
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3 Answers | Asked in Insurance Defense for Texas on
Q: what kind of attorney Practice one of my Insurance Client lawsuit me for underinsured coverage claim ?

I was Allstate agent till 2020 when I started my own independent insurance agency . I received Citation on November 1st from customer lawsuit Allstate and me for incident happened in 2016 . I like to have consultation with Attorney whose practice in defending insurance agent lawsuit

James L. Arrasmith
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answered on Nov 13, 2023

In your case, where a former client is suing you and Allstate for an underinsured coverage claim related to an incident that occurred while you were an Allstate agent, you should seek a consultation with an attorney experienced in insurance defense. Specifically, you'll want an attorney who... View More

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