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Texas Recent Legal Answers from Lawyers
Page 16 of lawyers' answers to legal questions about Texas.
Because you have a signficant amount of separate property, it would be a good idea to get an attorney to protect your rights. In Texas, all property is presumed to be community property during a divorce, unless that property was obtained by gift, devise or descent and unless it was obtained before the marriage. You would need to produce paperwork showing when you bought your house and cars. You would also need to show when your 401K started and how much it increased in valude during the marriage. Your spouse would be entitled to half of the growth during the marriage, but sometimes, there is no growth or it's so mimimal that the other spouse decides not to go through the trouble and expense of getting their share. Again, the best way to protect your rights is to get an attorney to represent you.... Read More
Because you have a signficant amount of separate property, it would be a good idea to get an attorney to protect your rights. In Texas, all property... Read More
The other parent doesn't have to be in Texas to be served. Talk to the clerk about serving him in Kansas. They usually serve through certified mail when a person lives out of the county where the suit is filed.
The other parent doesn't have to be in Texas to be served. Talk to the clerk about serving him in Kansas. They usually serve through certified mail... Read More
Evading arrest on foot is a Class A Misdemeanor, punishable by up to 1 year in county jail, and a fine not to exceed $4000. Evading arrest in a motor vehicle is a 3rd degree felony, punishable by 2 to 10 years in prison, and a fine not to exceed $10,000. Mental health issues like bipolar will have a significant impact on the defense tactics most effective in your case. Contact an attorney directly.... Read More
Evading arrest on foot is a Class A Misdemeanor, punishable by up to 1 year in county jail, and a fine not to exceed $4000. Evading arrest in a... Read More
Answered 3 years and 9 months ago by Mr. Arthur Harold Geffen (Unclaimed Profile) |
1 Answer
Let's get the terminology strait so you understand what you are dealing with. An Enhanced Life Estate is normally associated with something called a Lady Bird Deed. If your parents executed a Lady Bird Deed, then this is how it should have looked. They deeded the entire property to you but reserved to themselves an Enhanced Life Estate, meaning they could live there and take care of the property, etc, until the survivor of them died. When the survivor died, there was no more life estate and all ownership interests passed to you. I would suggest you check with the county taxing authority to see if the deed was filed prior to their death. If it was, then you now own the property. You might have to show the death certificates to clear that up. If the deed was not filed before their death then it is too late to use it and you will have to go through a probate proceeding to clear title. IF you are not their only heir, you may have issues.... Read More
Let's get the terminology strait so you understand what you are dealing with. An Enhanced Life Estate is normally associated with something... Read More
Answered 3 years and 9 months ago by Maxwell Joseph Chamberlain (Unclaimed Profile) |
1 Answer
| Legal Topics: Real Estate
Is your father deceased? Does he have a will? Is there a deed of trust you can obtain? If there is a deed of trust you may need to have a release filed with the mortgage lender.
Is your father deceased? Does he have a will? Is there a deed of trust you can obtain? If there is a deed of trust you may need to have a release... Read More
You should make direct contact with a few criminal defense attorneys to set up consultations regarding your case. Then, after meeting with a few, choose the one you trust to defend your case. PCS 4-200g is a 2nd degree felony. The punishment can be enhanced if you have prior felony convictions.
Possession requires INTENT. You must intentionally and knowingly possess an illegal substance (like the 4-200g of CS). If you did not put it there, or drive the vehicle without knowing it was there, you do not have the intent required for a conviction. If you are not guilty, do not plead guilty - just make sure your lawyer knows how to defend these types of cases. Good luck.... Read More
You should make direct contact with a few criminal defense attorneys to set up consultations regarding your case. Then, after meeting with a few,... Read More
Unfortunately, you cannot as you entered the US on your L-1B and that is your last legal status in the US. In other words, you cannot unilaterally change your status in the country. You would only be allowed to become a B-1 visitor if you successfully made an application to change status in the US or successfully reentered the US on the B-1 visa. I note that USCIS seldom allows changes of status where the I-94 is expired and that a B-1 visa is automatically canceled once an individual overstays the period of legal stay in the US. I further note, however, that staying a few more days in the U.S. albeit without status should not appreciably change your legal situation for the worse. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More
Unfortunately, you cannot as you entered the US on your L-1B and that is your last legal status in the US. In other words, you cannot unilaterally... Read More
Your first step if you are charged with a crime is to contact an attorney directly to set up a consultation. Regardless of whether you hire the attorney or not, you can have a privileged conversation about your case and decide how to proceed.
If you have not been charged with any crime, you may have a civil cause of action for tbe police misconduct as well.... Read More
Your first step if you are charged with a crime is to contact an attorney directly to set up a consultation. Regardless of whether you hire the... Read More
Answered 3 years and 9 months ago by Maxwell Joseph Chamberlain (Unclaimed Profile) |
1 Answer
You generally have 2 years to file a civil claim for false imprisonment. Understand that police officers have a privilege of temporarily detaining someone if they prove there was probable cause to do so.
You generally have 2 years to file a civil claim for false imprisonment. Understand that police officers have a privilege of temporarily detaining... Read More
Answered 3 years and 9 months ago by Maxwell Joseph Chamberlain (Unclaimed Profile) |
1 Answer
What did you pay the $1,500 for? The will? Have you begun the probate process (administration of the estate of a decedent)? Is the $800 for attorney service related to the probate of the will?
What did you pay the $1,500 for? The will? Have you begun the probate process (administration of the estate of a decedent)? Is the $800 for attorney... Read More
Answered 3 years and 9 months ago by Mr. Arthur Harold Geffen (Unclaimed Profile) |
1 Answer
| Legal Topics: Estate Planning
If the facts are as you represent then something is wrong. You should run not walk to a real estate or probate and estate planning lawyer to see if you have a remedy.
If the facts are as you represent then something is wrong. You should run not walk to a real estate or probate and estate planning lawyer to... Read More
Answered 3 years and 9 months ago by Mr. Arthur Harold Geffen (Unclaimed Profile) |
1 Answer
| Legal Topics: Taxation
Im not sure that this question belongs in taxation plus i cannot really tell what you are asking. If you think your uncle defrauded you somehow and it was along time ago, then probably what lawyers call the statute of limitations has passed. In other words, it is too late to sue anyone. Even so, it would be worthwhile to put all the facts together and seek out the advice of a lawyer.
What you wrote above does not really give me enough information to hazard an answer to you.... Read More
Im not sure that this question belongs in taxation plus i cannot really tell what you are asking. If you think your uncle defrauded you somehow... Read More
Answered 3 years and 9 months ago by Mr. Arthur Harold Geffen (Unclaimed Profile) |
1 Answer
I'm sorry for your loss.
If your son does not have any assets or any debts, there is no need for you or anyone to become executor or administrator of his estate.
I'm sorry for your loss.
If your son does not have any assets or any debts, there is no need for you or anyone to become executor or... Read More
Answered 3 years and 10 months ago by Maxwell Joseph Chamberlain (Unclaimed Profile) |
1 Answer
| Legal Topics: Personal Injury
Because it appears you were injured while performing job duties, you may have a claim for workers' compensation. Did you report your injuries to your supervisor? When did you discover your injuries? Filing a workers' compensation claim would likely be your best chance at recovering in a lawsuit. You would need to start by filing an 'Employees Claim for Compensation' (DWC Form 041) with the Texas Division of Workers' Compensation.
It is possible you may also have a claim against parents/doctors, depending on the facts of your situation.... Read More
Because it appears you were injured while performing job duties, you may have a claim for workers' compensation. Did you report your injuries to your... Read More
Answered 3 years and 10 months ago by Maxwell Joseph Chamberlain (Unclaimed Profile) |
1 Answer
The prosecution can try to start with a more serious related charge, until more facts are learned or a defense is presented. Your testimony would be helpful in getting the case dismissed.
The prosecution can try to start with a more serious related charge, until more facts are learned or a defense is presented. Your testimony would be... Read More
Answered 3 years and 10 months ago by Maxwell Joseph Chamberlain (Unclaimed Profile) |
1 Answer
| Legal Topics: Medical Malpractice
You may have a claim here, depending on the facts of your experience particularly during the stress test. Your doctor/staff/hospital would have had a duty of care that must have been met. Whether they did meet that standard would depend on the care provided during that visit. For example, if a reasonable doctor would not have allowed for the treadmill to be brought to the speed at which you were tested, then the duty of care was not met. The office would has have been required to provide you with informed consent regarding all testing.... Read More
You may have a claim here, depending on the facts of your experience particularly during the stress test. Your doctor/staff/hospital would have had a... Read More
Answered 3 years and 10 months ago by Maxwell Joseph Chamberlain (Unclaimed Profile) |
1 Answer
| Legal Topics: Medical Malpractice
Typically it would be the driver and their insurance company and/or your insurance company depending on whether the at fault driver was insured and your coverage terms.
Typically it would be the driver and their insurance company and/or your insurance company depending on whether the at fault driver was insured and... Read More
Answered 3 years and 10 months ago by Maxwell Joseph Chamberlain (Unclaimed Profile) |
1 Answer
| Legal Topics: Personal Injury
There are a couple avenues for bringing an action against this individual, in civil and criminal court. If you need to pay for medical costs related to this incident, you would want to sue her for the damage she caused you.
There are a couple avenues for bringing an action against this individual, in civil and criminal court. If you need to pay for medical costs related... Read More
Answered 3 years and 10 months ago by Maxwell Joseph Chamberlain (Unclaimed Profile) |
1 Answer
Texas has a 4 year statute of limitations for debts that are owed. Lawsuits cannot be brought after the clock has run, however there are other ways the creditor will try to obtain the debt repayment.
Texas has a 4 year statute of limitations for debts that are owed. Lawsuits cannot be brought after the clock has run, however there are other ways... Read More
Answered 3 years and 10 months ago by Maxwell Joseph Chamberlain (Unclaimed Profile) |
1 Answer
| Legal Topics: Personal Injury
Assuming the other driver was at fault, he and his insurance company and/or your insurance comapny would be liable for you medical costs, and you may be able to recover additional damages as well.
Assuming the other driver was at fault, he and his insurance company and/or your insurance comapny would be liable for you medical costs, and you may... Read More
Answered 3 years and 10 months ago by Maxwell Joseph Chamberlain (Unclaimed Profile) |
1 Answer
| Legal Topics: Estate Planning
I think you may be better served by hiring a estates/probate attorney who can help determine what you can do in your situation. Assuming she died without a will, then you should contact a probate attorney to help recover what may be yours as part of intestacy laws in Texas.
I think you may be better served by hiring a estates/probate attorney who can help determine what you can do in your situation. Assuming she died... Read More
This appears to reach the level of slander. The key here is that a social worker intervened - this would mean that there is solid evidence of harm/damages being done as a result of the false statement. And yes you could potentially sue this individual to recover damages.
This appears to reach the level of slander. The key here is that a social worker intervened - this would mean that there is solid evidence of... Read More