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Texas Questions & Answers
1 Answer | Asked in Estate Planning for Texas on
Q: I would like to update my living trust, which was established in California, to be compatible with Texas Law.

I wish to avoid probate and protect new Texas residence and retirement IRA accounts from Medicaid spenddown requirements.

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

You can hire a Texas attorney to do a restatement of your trust, it will allow you to update it to texas law. However a living trust is not the correct vehicle for medicaid reimbursement protection. You should talk to an estate planning attorney that focuses on planning for medicaid (elder law... View More

1 Answer | Asked in Estate Planning and Business Formation for Texas on
Q: I’m a young broke man with no assets or family yet. Could I set up a family or business trust with no family or assets?

I would like to keep amenity and privacy while protecting assets from creditors before a problem arises.

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

Technically you could. But if the trust is not funded (no assets are in the trust), than it has no additional value. I think it would be best for you to talk to an estate planning attorney and discuss the assets that you do have, and how you can protect them. Trusts are great, but they might not do... View More

2 Answers | Asked in Civil Rights, Real Estate Law and Small Claims for Texas on
Q: What if our OAK FOREST Home Assoc is taking no action on neighbor parking over 25ft lL to 40ft fifth wheel in driveway?

OFHA Deed restrictions item (e) NO Trailers & City of Houston, Texas Ordinance N. 2009-57

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

You can file a lawsuit seeking an injunction against the neighbor for violating the deed restriction. Our firm is not located in Houston and, therefore, would not be a good fit for you in seeking such relief. But for informational purposes only, our firm would typically require an initial... View More

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2 Answers | Asked in Tax Law for Texas on
Q: I live in Van Zandt county tx, I want to bury my dead loved one on my property. Does that exempt me from property taxes?
John Michael Frick
John Michael Frick
answered on Sep 16, 2024

No. Only property EXCLUSIVELY used for the burial of human remains is exempt from property tax. You can replat your land to plat off a small family cemetery, and that family cemetery will be exempt from property tax. But not the rest of your land.

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2 Answers | Asked in Appeals / Appellate Law and Criminal Law for Texas on
Q: Do you accept murder appeal cases?

My friend got convicted of a murder charge and received a sentence for 45 years and been gone for 8. Is there a chance he can get it appealed and get time reduced?

Natalie Barletta
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answered on Sep 20, 2024

If your friend has already been imprisoned for 8 years, appeal is no longer an option, but your friend could file a writ of habeas corpus challenging his/her confinement. The writ of habeas corpus is a mechanism to address fundamentally defective procedure leading to constitutional error or claims... View More

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2 Answers | Asked in Bankruptcy for Texas on
Q: Credit union took $2k from new acct for bankruptcy discharged in 2001. Told no reason I couldn't rejoin then they did it
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 15, 2024

By federal law, further explained in Federal Regulations, a federally created credit union enjoys a lien upon all time and demand deposits of any member to secure any credit union loan to that member. The required disclosure to each member is in the pre-printed materials given to each new member... View More

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Q: How can I turn my 401k into real-estate and what would I need?
John Cucci Jr.
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answered on Sep 13, 2024

That is a loaded question. You can turn your 401k into a real estate holding for your retirement. There are some forms to be filled-out with the , and there are some time limits for the same.

The general idea is that you can buy property with the 401k money, then identify the investment...
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1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Spouse has a restraining order for beating his wife and he is undocumented, can the wife leave the state with her 3 kids

She has no family or friends to help in Texas

John Michael Frick
John Michael Frick
answered on Sep 12, 2024

Unless a court order has been entered preventing her from leaving the state with the kids, she is free to do so. If her spouse has court-ordered possession times, she needs to make sure that the kids are available for those times and are available at the location specified in the order for the... View More

1 Answer | Asked in Contracts for Texas on
Q: Can Medicaid take a home I am buying from an elderly family member with a signed contract

I am buying an elderly family member's home who is about to be put in a nursing home. Can medicaid override the signed contract I have with them and take my home?

John Michael Frick
John Michael Frick
answered on Sep 12, 2024

You need advice from an attorney regarding the Medicaid Estate Recovery Program.

https://www.hhs.texas.gov/regulations/legal-information/your-guide-medicaid-estate-recovery-program...
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1 Answer | Asked in Foreclosure for Texas on
Q: if you defaulted on a mortgage for an investment prop. with a personal guaranty what can be done to prevent a judgement?

the lender has filed a suit against us and I am trying to see what options we have.

John Cucci Jr.
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answered on Sep 11, 2024

The best way to prevent a judgment on a mortgage, you guaranteed, is to pay what is due.

If the bank has sent you the default letter, and has requested and demanded an acceleration of the note, making the whole amount due, it will be sold at auction soon.

The only way you can stop...
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1 Answer | Asked in Estate Planning for Texas on
Q: Texas can a husb sign over rights to the home he and his wife own to the wife and she name her children as beneficiaries
Gratia "Grace" P. Schoemakers
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answered on Sep 11, 2024

Presuming the house is a community asset, the husband can assign HIS share of the community property to whomever he wants. This will not impact the wife's share of community property. Same situation is valid for the wife.

So if the husband gifts his share to the wife, and the house is...
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1 Answer | Asked in Criminal Law for Texas on
Q: Can I go back to court and file ineffective counseling because lawyer did not state my plea deal with ADA

If you become informant and agree to give up people to lower your case. But when you go to court there wasn’t one.

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Sep 9, 2024

You can "agree" to become an informant and give up other people but that alone does not constitute cooperation with the police. You must actually work with the police in such a way that your work results in the arrest and prosecution of those other people. You don't say that you... View More

1 Answer | Asked in Probate for Texas on
Q: Can my dad's ex wife take his truck from me?

My dad died and he had a truck he was paying on. His ex wife was a co signer when they got the truck when they were married. They got divorced and he got the truck. But the registration didn't reflect the divorce winner getting the truck it has both of them on it. He's been making the... View More

John Michael Frick
John Michael Frick
answered on Sep 9, 2024

If the truck was awarded to your father in his divorce decree, it passed at the time of his death to his heirs. While he should have transferred title to the truck into his sole name and paid off or refinanced the loan, the divorce decree is a muniment of title reflecting that the truck was... View More

1 Answer | Asked in Criminal Law for Texas on
Q: How can show the court that i signed probation under distress

My lawyer coerce and pressured me to sign for probation without giving me the opportunity to think of other options and i like to file to the court that i signed my probation while under distress and was coerced

John Michael Frick
John Michael Frick
answered on Sep 9, 2024

Coercion usually requires evidence of the use of force, or the threatened use of force. The best evidence of coercion would be a credible witness testifying that the lawyer pointed a loaded gun at you and told you that, if you didn't sign for probation, he would shoot you.

You should...
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1 Answer | Asked in Family Law for Texas on
Q: how to file a motion to my kids father

please guide me and looking for pro bono lawyer to guide in this motion

John Michael Frick
John Michael Frick
answered on Sep 9, 2024

You should contact a legal aid clinic near you. Lawyers most often volunteer to provide pro bono services to indigent parties through legal aid clinics. Few do so independently because legal aid clinics have administrative staff to screen potential clients, to match them with suitable competent... View More

2 Answers | Asked in Civil Litigation, Contracts and Landlord - Tenant for Texas on
Q: How do I have my name removed from an apartment lease, if the lease is up?

I have a lease that was signed in April of 2022. In June of 2022, I left the home in Texas and moved back to Colorado. My ex stayed. Last year, the lease was sent to both myself and my ex-I requested at that time my name was removed from the lease. Someone signed my name digitally. Fast forward to... View More

John Michael Frick
John Michael Frick
answered on Sep 9, 2024

My recommendation is to terminate the lease in accordance with the terms of the lease. Usually, this requires written notice to the landlord in advance of the end of the lease term (usually 30, but sometimes 60 days before the end of the lease term. I would include in your written notice a... View More

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2 Answers | Asked in Copyright and Intellectual Property for Texas on
Q: Can I sell custom home decor that plays a celebrity song? It was going to be upcharged service fee

I'm making home decor type gifts customizable, a customer can request the item to play their favorite celebrity song or tune. I Want to know if I can legally do this and if I can have item play either full song, partial song, just chorus, or instrumental

Jennifer Newton
Jennifer Newton
answered on Sep 9, 2024

Your idea of creating customizable home décor that plays celebrity songs is a unique and creative venture. However, using copyrighted music in products raises several legal concerns, and it’s essential to ensure you're compliant with intellectual property laws.

Here are a few key...
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1 Answer | Asked in Criminal Law and Traffic Tickets for Texas on
Q: I had an active ticket for not having my child in a seatbelt, and I was on probation for that citation. While still on p

I had an active ticket for not having my child in a seatbelt, and I was on probation for that citation. While still on probation, I received another citation for parking in the roadway.

Michelle  Lugo
Michelle Lugo
answered on Sep 9, 2024

Most of this will depend on a number of items, such as whether the county you had the original citation is is going to do any type of statewide check. Even if they do, you can retain counsel, and they should be able to work out an agreement that will allow for either extending or reinstating the... View More

2 Answers | Asked in Personal Injury and Workers' Compensation for Texas on
Q: Hello. I have a question in regards to hiring a different attorney on my workers comp case in Texas.What is the process?

My accident is work related. The forklift was pulling on a bundle of conduit and the Strap Broke, While i was in the trench, caught me blind sided. I was treated by the ambulance and fire dept. The initial MRI showed i had suffered brain tissue was swollen and a brain tumor was diagnosed. My... View More

John Michael Frick
John Michael Frick
answered on Sep 9, 2024

A client can fire his own attorney at any time for any reason. The old attorney will still be entitled to compensation for services rendered up to the date of his termination. A new attorney often will not agree to take over a case until you have first paid the previous attorney as agreed.

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2 Answers | Asked in Personal Injury and Workers' Compensation for Texas on
Q: Hello. I have a question in regards to hiring a different attorney on my workers comp case in Texas.What is the process?

My accident is work related. The forklift was pulling on a bundle of conduit and the Strap Broke, While i was in the trench, caught me blind sided. I was treated by the ambulance and fire dept. The initial MRI showed i had suffered brain tissue was swollen and a brain tumor was diagnosed. My... View More

S. Michael Graham
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S. Michael Graham
answered on Sep 9, 2024

While you are always free to fire and then hire a new workers' comp attorney, the 2nd attorney will, in many cases, not be willing to represent you because you have to make sure your first attorney doesn't have a big attorney fee bill that needs to be satisfied first. Attorneys like to... View More

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