Texas Recent Legal Answers from Lawyers

A girlfriend in the state of Texas does not have any legal right to occupy a home that is owned by another party unless the parties have entered a lease agreement. A person living in the property who is not on the deed or not a party to a lease is considered a month to month tenant. Accordingly, you can commence legal eviction proceedings in court after giving her the required notice to vacate. Once that process is completed, a court will order that she must vacate the property. Thereafter, you can file a paternity action to establish your parental rights, and then request either joint custody, full custody or visitation rights. Your girlfriend will most likely counter sue you for child support.... Read More

It depends heavily on the language of your lease agreement and the particular facts and circumstances of your case.  In particular, does your complex say that it is providing security or security cameras, or does your lease say that the complex is not liable for lost or stolen items?  Who stole your vehicle?  Why?  Was the open gate a material factor in the theif's decision to steal your car?  How many othe vehicles have been stolen from the complex recently?  Was an employee of the complex involved in the theft?  There are far too many specific facts which impact whether your complex owed you a duty, whether it breached any duty owed, and whether any such breach was a proximate cause of the theft of your vehicle.... Read More

Being a notary is certainly a plus when seeking a job with a title company or mortgage company.  Those companies typically require certain employees to become notaries to perform exactly the type of services you have experience with.  In fairness, however, notarizing documents is a pretty basic task, so you will most likely want to emphasize your other job skills and experience.  If I were you, I'd look at mortgage companies or title companies looking to hire closers.  Mortgage closers typically earn about $5,000 more per year than title closers, although the workload and job tasks are similar.... Read More

If your mother has suddenly disappeared, you need to report her as a missing person to law enforcement in the city or county where you know she last resided.  Make sure you tell the authorities that you previously spoke with her daily, that she has dementia, and that those operating the assisted living facility where she last resided won;t communicate with you.... Read More

If a driver causes an automobile collision that results in bodily injury to another person, the driver is legally responsible for reasonable and necessary medical expenses paid or incurred by the injured person.There are a lot of factors that may affect whether you ought to accept a settlement for less than the amount of expenses you have paid or incurred.  One is whether the other driver is solely at fault.  Another is whether the other driver has insurance and, if so, what are the limits of his insurance policy.  Another is whether the other driver has non-exempt assets which can be seized to satisfy a judgment.  Another is whether you have underinsured coverage to make up the difference between any gap in the other driver's insurance limits and the actual amount you paid or incurred in medical expenses.  Another is whether your healthcare providers are willing to compromise what is owed to them for your medical treatment (i.e. whether they may be willing to accept less than $60,000).  You indicate that your "litigator" has offered you $35,000.  Assuming you have hired a competent lawyer with experience handling automobile accident cases, you should consult your lawyer as to the pros and cons of accepting the offer as he/she will have more detailed knowledge of the facts of your particular case and should be able to explain in more detail to you the facts and legal issues which should affect your decision.... Read More

There is no definitive legal answer to your question.  It is entirely up to you what you want to agree to pay.  Since you spend several months each year in the home, it can logically be argued that you should pay something for the use of his separate property home.  Exactly what, however, is up to you.  What do you think is fair and reasonable based on the amount of time you spend using the home each year?  ... Read More

You should notify your landlord in writing of the mold enclosing a copy of the home test results and request that the landlord promptly remediate the situation.  You should make sure your rent is current and all future monthly rent payments are made in a prompt and timely manner until the mold has been remediated.... Read More

You may have a good faith claim against the owner of the apartment complex if you can show it was foreseeable that your car would be stolen because the gate is constantly left open.  The most effective way to show foreseeability in this type of situation is to prove that the owner knew of several other similar thefts which occurred before the theft of your car.You should check your lease agreement first, however, as most lease agreements contain language exculpating the property owner, landlord, and management company of any responsibility for theft or damage to your personal property and for any loss caused by the acts of other parties.Even if your lease does not contain such language, a judge or jury can consider the responsibility of the unknown person who actually stole your car in comparison to any negligence by the property owner that contributed to the theft.  Usually, the unknown person will be apportioned the majority of legal responsibility in such situations.Your own auto insurance company probably covers the theft under its comprehensive coverage provisions.... Read More

A quick two-minute check of the Texas Secretary of State's online business records very quickly confirms that there are in fact two different limited liability companies:  Splash Boat Sales, L.L.C. and Splash Boat Rentals, L.L.C. located at the same address in Kingsland, Texas.  There is nothing wrong or illegal about two companies--particularly two pretty obviously related companies--operating out of the same address.  It would also not be wrong or illegal for both companies to share the same owner(s) and/or employee(s).A person doing business with either one or both of these companies would be wise to determine which entity they are doing business with.  It would seem to make logical sense to me that if you were renting a boat, you were likely dong business with Splash Boat Rentals, L.L.C. and if you were buying a boat, you were likely doing business with Splash Boat Sales, L.L.C., but what documents were involved in the transaction--whether a rental agreement or a bill of sale for example--will ultimately provide evidence of which entity was participating in that transaction.They both sound to me like the type of businesses likely to have a fair number of small claims, so a small claim courts judge may very well have encountered this problem before.  As the plaintiff, you have the burden of proof which means you have to prove that the entity you sued is the correct entity--the one you did business with.  The judge may simply be saving you some time so your statute of limitations doesn't expire before you can sue the correct legal entity.... Read More

As the plaintiff, you have the burden of proving that you in fact sued the correct legal entity.  You ought to have presented satisfactory proof that the entity you sued was in fact the correct legal entity responsible for damage to your boat and trailer. If you disagree with the judge's decision and believe that you presented satisfactory evidence, you may be able to appeal the judge's decision.I further note tha since the dismissal with "without prejudice," if the statute of limitations has not expired, you can refile suit against the correct legal entity.... Read More

Typically, when a marital residence is subject to a mortgage loan but is awarded to one spouse in divorce proceedings, the dispossessed spouse signs a "Special Warranty Deed" conveying their interest in the residence to the spouse to whom the residence is awarded, and that spouse in turn signs a "Deed of Trust to Secure Assumption" of the mortgage debt.  You should contact the attorney who handled your divorce proceeding to ensure that the appropriate ancillary documents were properly executed and recorded in the Deed Records.... Read More

  You unfortunately appear to be stuck for now with your unlawful status. Even if you were able to sponsor yourselves through an EB-5 investment program, EB-1C multinational executive or manager petition, or even labor certification/I-140 petition with another employer, you would generally not be allowed to adjust status, and would find that upon leaving the US to interview for an immigrant visa, the 10 year bar against reentry for having an unlawful stay for one year or more in the US would apply to you. In your situation, probably the only way that the 10 year bar could be waived is if you have a US citizen or permanent resident parent and it would cause extreme hardship to him/her if your immigrant visa could not be approved (I-601A program). If your wife has such parents, she might possibly be the principal applicant for immigration if she can prove that denying her an immigrant visa would cause extreme hardship to her parents. 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

If you are convicted of theft of a value $750 - $2500 it is a class A misdemeanor, it is punishable by up to a year in jail, and up to a $4000 fine. A theft conviction on your record could also cause you to lose job and educational opportunities. A lawyer can help you avoid those consequences. In many instances we have been able to even get theft charges dismissed (after the client compliee with some conditions). Many of us offer free phone consults during business hours. Good luck.... Read More

You will need to reach out directly to a criminal defense attorney. We cannot directly solicit your business. If you read client reviews, it will give you a good idea what kinds of cases the attorney specializes in. Some of us do a large portion of our practice defending weapons offenses. I would suggest speaking with a few attorney and hiring who you trust to defend your son.... Read More

Your best course of action is to contact an attorney who practices in the area of divorce law in or near the county where you and your husband live.That attorney can explain to you that property inherited by one spouse is that spouse's sole and separate property and is not community property.  If your husband inherited assets from his family (or really from anyone else), those assets are his sole and separate property and you have no community rights to them.You may be entitled to spousal maintenance under the Texas Family Code if you are destitute and homeless.  There are specific statutory requirements that you must satisfy, and spousal maintenance is limited in amount and duration.  You will need proof of your efforts to secure gainful employment or of any disability that prevents you from securing gainful employment.... Read More

Yes, there can be repercussions for not abiding by a court order.  The divorce court that issued the order might hold your ex-spouse in contempt of court, might enter other orders to enforce its property division, or might need to clarify the decree so that its order is clear and unambiguous enough to enforce by contempt.  The attorney who assisted you in your divorce proceedings should be able to discuss your options for enforcement including the anticipated cost of further proceedings.... Read More

Hard "maybe." Although it is not a conviction, you plead guilty when you were placed on deferrwd adjudication. In the future you can have this offense sealed, it will remain visible to state agencies, like the TX State Board of Educators, and school districts. You should anticipate you will be required to disclose it, and may have additional scrutiny when applying for teaching positions. Although not a prohibition, a misdemeanor theft, even though you are not convicted, will create hurdles if you want to pursue a career as a teacher.... Read More