Texas Recent Legal Answers from Lawyers

An immigrant can adjust status to get a green card after marrying a US Citizen on ESTA but ONLY if the immigrant's intent CHANGES after entering the US to wit: from only wanting to visit upon entering the US to wanting to get married and remain permanently after a few months visiting. ... Read Answer

Hi,  I always suggest any type of deed work be completed by an attorney. Real Property is expensive and real estate law is complex.  A Special Warranty Deed is a type of real estate deed used in property transactions. It's one of several types of deeds used to transfer property ownership, each offering different levels of protection to the buyer. Understanding the specifics of a Special Warranty Deed is important for both buyers and sellers in real estate transactions. Key Features of a Special Warranty Deed: Limited Warranty of Title: The seller of the property, using a Special Warranty Deed, guarantees the title against any defects or encumbrances that may have arisen during their period of ownership only. This is more limited compared to a General Warranty Deed, which guarantees the title against all past defects, regardless of when they arose. Protection for the Buyer: It offers the buyer some level of protection, as the seller is assuring that there have been no issues with the title (like liens or legal claims) during their ownership. Common Use: Often used in commercial property transactions and in cases where the seller has owned the property for a relatively short period of time. It's also common in foreclosure sales and bank-owned property sales. Liability Limitations for the Seller: Sellers prefer Special Warranty Deeds when they are unwilling or unable to vouch for the property's title history prior to their ownership. Risk Factor: For buyers, the risk is higher than with a General Warranty Deed since the protection is only for the seller's tenure. Buyers might not be protected against claims or issues arising before the seller owned the property. When is a Special Warranty Deed Used? Commercial Real Estate Transactions: Often used in commercial transactions where the buyer conducts extensive due diligence. Sales by Estate Executors or Trustees: When the seller hasn't personally held the title and cannot guarantee its entire history. Foreclosure Sales: Typically used in foreclosure sales where the seller (often a bank) only guarantees the title for the period they held it. Investor Sales: When properties are flipped or quickly resold by investors. Importance of Due Diligence For buyers, it's essential to conduct thorough due diligence, often including a comprehensive title search and obtaining title insurance, to protect against any title issues arising from before the seller's ownership period. Legal and Financial Implications Understanding the legal and financial implications of a Special Warranty Deed is crucial. Both buyers and sellers are advised to consult with real estate attorneys to fully understand their rights and responsibilities under this type of deed. In summary, a Special Warranty Deed offers a moderate level of protection to the buyer and is less comprehensive than a General Warranty Deed. It's particularly common in certain types of real estate transactions where the seller cannot or does not want to vouch for the property's entire title history.   The above information does not constitute legal advice and it does not create an attorney client relationship. It is free business information. ... Read Answer

If you completed deferred adjudication probation, you may be eligible for an order of nondisclosure. That will not get it off your criminal record, but it does seal the record from public disclosure - meaning that it would only be visible to government agencies and licensing organizations. If you plead guilty and were placed on probation, you can never get it expunged and erased from your record completely. ... Read Answer

While there is no legal prohibition on confronting him about his affair, he may react poorly to such a confrontation and stop providing you with financial support of any kind.  While fault in the breakup of a marriage is one factor the court can consider in making a disproportionate division of your community assets, proof of an affair is unlikely to substantially affect the division.  In my experience, that may persuade a court to go from something like 50-50 to something like 55-45 in your favor.What is important is what community assets he has spent, and is spending, on the girlfriend.  Make sure you gather together as much information as you can, including bank statements and credit card statements, to show what he has been spending on her.  Another good place to get information is from any frequent flyer, rental car, hotel, etc. accounts he has.  In many cases, the court will require him to "reconsitute" the community estate for funds spent on a paramour.  So, if he spent $150,000 on her, the court could award you $150,000 of remaining community funds to offset the money he already spent.... Read Answer

If you own a home and have three children together, this is not a do-it-yourself project.  You need to hire an attorney experienced in divorce law in or near the county where you live.If you are awarded the home, there may be an owelty lien established if one of you has to buy-out the other's interest in the marital residence.  There almost certainly will need to be a special warranty deed of either of you keep the house.  If you have a mortgage, you will likely want a Deed of Trust to Secure Assumption to keep the current loan at the current interest rate.The more items you and your husband can agree to in advance, the less an attorney will cost.  If you can agree on most items now, you might be able to get an attorney to advise you on those things you haven't thought about and to complete all of the paperwork for $5,000 or so.  If there are major areas of disagreement, budget more for legal expenses than that.... Read Answer

It depends to an extent on the language of your agreement with the hotel.  Almost all hotels have a clause in their agreement concerning damage to the room during a Guest's stay.  Typical language makes the Guest liable for damage caused intentionally or negligently by the Guest, but some are broader and might include a family member of the Guest or another person visiting the Guest at the hotel.In the absence of an agreement, which is unlikely, you would not be liable for damage caused by your ADULT daughter or by your daughter if she was under 10 years of age.  Your adult daughter would be liable for such damage.  Under the Texas Family Code, you would be liable for damage caused by your daughte if she was 10-17 years of age up to $25,000 if your daughter's conduct was wilful and malicious (which is what it sounds like from your question).... Read Answer

It is highly unlikely that the installation will pass inspection without a GFCI.  Installing a GFCI is not a big deal and ought not be a significant expense for you as the contractor.  The licensed electrician you typically use on spa installations and repairs ought to be able to install a GFCI at nominal additional cost to you.You might want to have a discussion with the estimator who gave the quote on behalf of your company.  The absence of a GFCI is not an unforeseeable issue.  Any time a contractor gives a quote for work, the contractor needs to inspect the current installation to determine if there is work required to bring the item "up to Code."  This is a common requirement for passing inspection.  Building Codes are constantly updated.  While GFCI requirements were updated in 2023, the requirement of hard-wiring a hot tub or spa to an outlet that is GFCI protected has been around for many years now.So I think you would lose on the argument about the GFCI being unforeseen or unanticipated at the time of the quote.  Some contractors, however, specifically include language in theri quotes that the customer will be responsible for the cost of any additional work required to bring the installation up to Code in order to secure a permit or pass inspection.  ... Read Answer

It is called a contingency fee.  I would not count on an attorney being willing to take such a small case on a contingency fee.  There's just not enough compensation in it for the lawyer to make it worthwhile.Our justice of the peace courts have jurissdiction over any case with an amount in controversy of $20,000 or less.  The best thing about such courts is you do not need an attorney as a rule.Get an estimate from a Kia dealership of the cost to repair the engine if you pay for it.  Make sure they indicate on the estimate how long it will take.  Then get an estimate from a rental car company as to how much renting a Kia Sorrento for that long will cost.  If those two estimates are less than $20,000, sue the Volkswagen dealership in justice court without a lawyer.... Read Answer

It does not sound like you sustained any compensable damages during the incident.  If you sustained a bodily injury, you could sue for your medical expenses, lost time from work, and physical pain and suffering.There is a law called the "shopkeeper's privilege" that authorizes a merchant to detain a person suspected of shoplifting to investigate ownership of the property in a reasonable manner for a reasonable time.  ... Read Answer

Ws it associated with a criminal case? If so, an attorney can file a motion to return seized property. The Judge would sign an order commanding whoever has it to return it. How much is it worth? An attorney would charge you for their time. Unless the item is worth a significant amount of money (over $500 to $1000), it would not probably be worth it to hire an attorney to help you get it returned. If it is NOT associated with a criminal case, small claims court if its under $10,000 in value. Do not expect that you will find ANY attorney to take on a civil case of this nature on a contingency fee (like in a car accident case where the client pays nothing up front, and the attorney gets paid in the end). If you want to hire an attorney to sue for the property back, expect to pay a retainer fee up front, and the attorney to charge against that retainer hundereds of dollars an hour. The long and the short of it? If its worth a lot of money (or has sentimental value, I suppoer), then hire an attorney to get it back. Otherwise, handle it yourself or let it go.... Read Answer