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1 Answer | Asked in Estate Planning and Identity Theft for Texas on
Q: I believe that my inheritance has been stolen and someone has changed my name. ridling trust Lincolnton north Carolina

i found that my mothers name was changed from hers to a mans and lists Schwartz and wilson as the executor. which looks like its funneled into Schwartz trust Lincolnton n.c.

Anthony M. Avery
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answered on Sep 24, 2024

You will need to hire a NC attorney to investigate this. Also ask your relatives what happened.

1 Answer | Asked in Real Estate Law for Texas on
Q: Does an existing easement shown on a survey have legal standing?

I’m in the process of trying to find my first home to purchase. The one I really like is a landlocked property with an existing 40ft easement that does show up on the property survey. Does that mean legally I would always have access to ‘my’ property? Or would the neighbors who own the land... View More

Anthony M. Avery
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answered on Sep 24, 2024

Surveys do not convey title nor easements. Hire a TX attorney to search the titles and determine whether an easement exists or not. Then either get the property with access or go somewhere else.

4 Answers | Asked in Divorce, Family Law and Immigration Law for Texas on
Q: I'm married, and I m working to settle in USA and get married with a woman an us citizen, can I do it without divorce 1

I have registered marriage in other country, and I don't want get divorce the first one.

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Sep 23, 2024

A marriage by a person without legal termination of a prior marriage will not be valid for immigration purposes

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1 Answer | Asked in Business Formation, Copyright and Gaming for Texas on
Q: Is it illegal to create a game stockfootage business, where you record game footage and sell it to creators?

Could be indie or a AAA title game

James L. Arrasmith
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answered on Sep 22, 2024

Creating a business around selling recorded game footage can be legally tricky. Most video games, whether indie or AAA, are protected by intellectual property laws. When you record gameplay, you are capturing someone else’s copyrighted content, so you would need permission from the game's... View More

1 Answer | Asked in Consumer Law, Criminal Law, Products Liability and Civil Rights for Texas on
Q: Can I sue hyundai for faulty work?

6/2022 hyundai replace my engine due to a recall. They charged me against my decline $1200 for a fuel pump and would not release my car until i paid. (I have evidence). They stated that everything was new & I had a warranty for 12 months. 15 months later, the engine and fuel pump are both out... View More

James L. Arrasmith
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answered on Sep 22, 2024

It sounds like you're facing a serious issue with your Hyundai after the engine replacement and fuel pump service. Since you paid for the parts and they assured you everything was new with a 12-month warranty, but now the engine and fuel pump have failed just 15 months later, you might have... View More

1 Answer | Asked in Immigration Law for Texas on
Q: Can I change my name now that I started the process of legalizing my mom and she submitted all docs and did biometrics?

I want to change my name but first I wanted to go through the process of legalizing my mom as I didn't want to over complicate the process. But now that she has submitted the documents and done her biometrics check, am I able to proceed with my name changing process?

James L. Arrasmith
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answered on Sep 21, 2024

Yes, you can change your name, even though you've already started the process for legalizing your mom. Since she has submitted her documents and completed biometrics, her case is well underway, and your name change shouldn't disrupt it. However, you should keep in mind that any changes in... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: If a police arrests you for conduct they incorrectly believe to be illegal, is that a lawful arrest?

Specifically, if you're talking to the person the police are arresting, that does *not* make you guilty of Interference with Public Duties. The statute says that it's "a defense to prosecution under this section that the interruption, disruption, impediment, or interference alleged... View More

James L. Arrasmith
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answered on Sep 20, 2024

If the police arrest you for conduct they mistakenly believe is illegal, the key question is whether they had *probable cause*. Probable cause means the officer must have a reasonable belief, based on the facts, that a crime has been or is being committed. If your conduct only involved speech, and... View More

1 Answer | Asked in Patents (Intellectual Property) and Probate for Texas on
Q: Statue of limitations to appeal probate case. In Oklahoma
James L. Arrasmith
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answered on Sep 20, 2024

In Oklahoma, the statute of limitations for appealing a probate case is generally 30 days from the date the final order or judgment is filed. This timeframe is strict, so if you miss the deadline, you may lose the right to appeal.

However, there may be exceptions in certain circumstances,...
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1 Answer | Asked in Uncategorized for Texas on
Q: I am being sued by my HOA for back dues. I was able to work out a payment plan with the collection agency/ HOA, but

they want me to sign a voluntary judgement. They also want me to sign to pay all additional fees that could be added later on. They also want the next 2 years of dues put in to the payment plan. Why should I have to pay for something I don't owe yet? I don't know what to do or who to see.

James L. Arrasmith
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answered on Sep 19, 2024

It's understandable to feel concerned about signing something like a voluntary judgment, especially when it includes conditions that don’t seem fair. Signing a voluntary judgment can be risky because it may give the HOA more control over your finances, and agreeing to pay fees that haven’t... View More

2 Answers | Asked in Immigration Law for Texas on
Q: What happens if the co-sponsor changed his mind?

I'm the petitioner but was maybe a little bit short on the income requirement to be sponsor so I used a co-sponsor but now he doesn't want to provide any more information. We sent everything together with support docs like tax returns, etc. What can I do if I don't have anyone else?

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 20, 2024

If a joint sponsor changes his mind and cancels prior to the case being adjudicated, then you will either have to qualify under a) the i864 asset test if you have enough assets or b) find another joint sponsor.

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1 Answer | Asked in Uncategorized for Texas on
Q: Can I file an affidavit of heirship in Oklahoma to establish my identity linked with my ancestry without an attorney?

There is more than one property, estate, oil and gas leases and they are located throughout Oklahoma. I also need answers on my per capita minor IIM account that I was unaware of till about 10 years ago. I have tried to get information from BIA and all I’m told is it was closed. I can't find... View More

James L. Arrasmith
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answered on Sep 18, 2024

You can file an affidavit of heirship in Oklahoma on your own, but it’s often a complex process, especially when multiple properties, estates, and oil or gas leases are involved. Without legal assistance, it may be challenging to ensure all necessary details are included to accurately establish... View More

1 Answer | Asked in Estate Planning for Texas on
Q: What is a ministry trust and how can I get one or open one?

I heard about this type of trust from a friend and want to get some information about it.

Gratia "Grace" P. Schoemakers
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answered on Sep 18, 2024

A ministry trust is a special kind of trust set up to give financial support to religious or faith-based groups, like churches or ministries. It’s a way for someone to make sure their money helps these organizations, even after they’ve passed away. Here’s how it works:

Supporting...
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1 Answer | Asked in Criminal Law for Texas on
Q: Hello my name is Ashley, i rented property from a landlord that got arrested in 2017 for child porn
John Michael Frick
John Michael Frick
answered on Sep 17, 2024

That may be unwise if you have children.

1 Answer | Asked in Construction Law for Texas on
Q: Is a contractor liable for not doing work as asked? Cost of material and labor to redo work?

I hired a Tile installer to redo a shower. I noticed they started cutting corners and were wanting to charge more for the job after they started. Eventually, before I could stop the work, they quickly progressed to try and finish and charge. However, I instructed them to install the restroom... View More

John Michael Frick
John Michael Frick
answered on Sep 17, 2024

Generally, contractors like this are not employees but rather independent contractors. The key difference between an employee and an independent contractor concerns control over the work. An independent contractor controls the manner, means, methods, and details of his work. Conversely, you... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Legal Malpractice for Texas on
Q: Can a city cop use use bolt to stab into my door seal and rip my door open my door without a Warren outside city limits
James L. Arrasmith
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answered on Sep 16, 2024

If a city police officer attempts to use a tool like a bolt to stab into your door seal and force it open without a warrant, especially outside city limits, this could be a violation of your rights. Generally, law enforcement officers need a warrant to enter your home or vehicle, unless there are... View More

1 Answer | Asked in Employment Law, Immigration Law, Tax Law and Business Formation for Texas on
Q: I am an F-1 student with no SSN/ITIN and want to create a digital store in TX. What are the steps on making this legal?

It’s my 2nd year in the US, and I never worked neither on campus. Don’t have a store yet, and don’t have any connections with my home country regarding the store. I will be the sole owner and worker in this digital store selling digital content. I also want to know the details and if I’ll... View More

James L. Arrasmith
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answered on Sep 16, 2024

As an F-1 student in the U.S., starting a digital store can be complicated due to visa restrictions on employment and business activities. U.S. immigration laws generally prohibit F-1 students from engaging in self-employment or running a business, which includes owning and operating an online... View More

2 Answers | Asked in Car Accidents for Texas on
Q: An insurance who there policy holder was at fault in an automobile accident are offering me a payout that’s less

The payout won’t be able to get me the call they total. Am an international student seeking for legal advise on the next step to take

John Michael Frick
John Michael Frick
answered on Sep 16, 2024

The next step is to sue the at-fault driver.

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1 Answer | Asked in Personal Injury for Texas on
Q: A nurse walked in on me while using the restroom, with no clothes, then housekeeping did the same thing, days later.

Neither Knocked nor does the door lock in patients rooms. Do I have a suit?

John Michael Frick
John Michael Frick
answered on Sep 16, 2024

Highly unlikely. Among other things, you suffered no damages as a result of either person walking in on you.

3 Answers | Asked in Family Law, Child Custody and Child Support for Texas on
Q: How do I obtain passport without absent parent

Modification of custody

John Michael Frick
John Michael Frick
answered on Sep 16, 2024

Get a certified copy of your court custody order giving you SMC or the sole right to obtain a passport for the child, and take it with you when you apply for the passport.

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2 Answers | Asked in Banking for Texas on
Q: Can a bank refuse to honor a good valid payroll check because my name? Not even Account holder or check cashing places
John Michael Frick
John Michael Frick
answered on Sep 16, 2024

No. As long as the name on the payroll check matches your name on a valid form of ID, your bank cannot refuse to honor the check simply because the cashier does not like your name or harbors some personal animus against people with the same name.

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