Texas General Practice Legal Questions

Do not try to change title until you have investigated the tax implications.  Most property has increased in value across the years, and therefore the tax implications can be significant.  Usually, you are better off transferring the property by will at death.  I gather that your Mother's will has you listed as executor and as the beneficiary of her home. Texas independent administration is probably the easiest, cheapest probate in the country.  Takes one brief  court  appearance. Most of our probate courts have an "uncontested docket" for these cases.  Here in Bexar County I plan for not over an hour for the whole procedure.    Just be certain that the will asks for independent administration without bond and that it has a self proving affidavit.  If your mother is on medicaid (not medicare) the situation is more complex as the government has an automatic  lien on her property... Read More

I assume the truck title was still in your name. Get  a copy of the police report that the car dealer should have filed.  Contact your own insurance company, provide them with the report and file a claim for the stolen truck,  Your insurance company and the car dealer's insurance company will work out a settlement between them.... Read More

The first thing I want to mention is that Texas is a community property state, so it's a good thing that you are anticipating needing a prenuptial agreement. If you two sign a comprehensive prenuptial agreement that keeps your finances separate, his bad credit should have very little impact on you. The only concern would be if you two decide to purchase a home together because both of your financial situations will be examined before you are approved for a loan. You may be able to qualify for the loan on your own (thus keeping has name off of the mortgage), but the house would still be considered community property unless you expressly state otherwise in a pre or post marital agreement. As long as you are not including on his bankruptcy petition as his spouse, his filing should not affect you. However, once you are married, creditors may seek you out for any unpaid bills he may have even if you two have a prenuptial agreement in place because that agreement is only with respect to the two of you and doesn't bind third parties. ... Read More

To change your child's name, you will need to file a petition on his behalf (assuming he is a minor) in the county where he lives. Then you will need to notify his other parent of the name change, attend a hearing concerning the name change, and then file an order with the clerk's office once it has been granted by a judge. At the hearing, the judge will want to know why your son's name is being changed, and he or she will ask questions to make sure such a change would be in the child's best interest. ... Read More

You don't have to put up with creditor harrassment. What you need is a cease and desist letter, letting this company know that you no longer wish to be contacted at home, work or elsewhere about this debt. This won't stop them from trying to collect the debt, but it will stop the phone calls. You may also have some options to settle your debts.... Read More

Your claim will be an asset of your estate and can be pursued by the executor of the estate.  Generally, a claim will survive the death of a person and will be able to be claimed by the personal representative of the estate.  I recommend that you have a will that names an independent executor.  You should discuss your estate with the person named as executor and give them the information that you may have regarding the claim so that they will know to continue to pursue it. ... Read More

Probably not, but it depends on the landlord, and on any anti-discrimination statutes in your state.  A landlord is not allowed to refuse to rent to you because of your race, religion, etc. (by landlord I mean someone who is in the business of renting space, not someone renting one room in their house; in some jurisdictions, such a person might not be covered by all the regulations governing someone in the business).  I am not aware of any statutes prohibiting a landlord from refusing to rent to you because you have been arrested in the recent past.  If the landlord is not covered by such a law where you live, and knows that you have been recently arrested, he or she COULD refuse to rent to you, but that doesn't mean that they will refuse to rent to you.... Read More