Dad recently passed without a will, my parents bought land in the 80s together but divorced in the 90s. My mother signed over her part of the land to my dad so he owned it soley. 5 years later they remarried, is the land considered his personal property since he came into the marriage the second... Read more »
It appears that it would be separate property in which she would have a life estate.
I did a friend a favor and I got a buyer for her home on a mortgage short sale.
Mortgage company guidelines state she needs a realtor to sell her home.
I am not a realtor or licensed .
Yet how do I go about it to get that 6% commission from mortgage company?
What... Read more »
I don't practice Texas law, however, you probably can't get a commission legally because you need to be licensed either as a real estate agent or broker. You could look into whether it is permissible to receive a finders fee in Texas: https://legalbeagle.com/8579336-texas-finders-fee-laws.html
I have affidavits of heirship, and POA from 4 of my 5 siblings (heirs). There is one heir in Jail. He was living in the house with mom when she died 6 years ago. She had no will, so he was squatting and turned it into a drug house. We missed probate. He's now been in jail a year. His drug... Read more »
No. Who will buy an undivided 5/6th interest in a house?
But you did not "miss probate." Hire a local probate lawyer to file an Application for Determination of Heirship and Issuance of Letters of Administration. The court-appointed administrator can sell the house and distribute the net... Read more »
Will they have alternative choices? What about community service?
If the person can afford it they should hire a local traffic ticket attorney and try to get a deferral program that doesn't result in a conviction.
If the punishment range is 25 to 99 or life then 25 is the minimum upon conviction. However, the state still must prove every element of the offense beyond a reasonable doubt to secure a conviction. For some offenses, there may be a lesser included crime with a lower punishment range. For... Read more »
Can I file a claim against another lawyer even though I pled guilty? My lawyer filed a motion to withdraw guilty plea and didn't show up for the hearing and the judge denied my motion to without a hearing. What can I do about that? I pled guilty on the 2nd day of jury selection in Louisana State... Read more »
If it was a Louisiana court you should re-post your question with Louisiana as the location... even if you are now physically located in Texas it will be Louisiana law that applies to your situation.
My mom 72 years is my petitionerand has zero income. So at the time of AOS my sister filled 864 with I-485. My sister's income is less than 125%poverty line but her husband is a MD and my sister added his income as a total household income.$300,000 but we didn't submitted 864-A. The agreement... Read more »
Indeed, the AOS process is confusing. It requires a lot of forms. The RFE lays out everything that you need to submit. Follow it exactly, and submit what it's requiring you to submit. The petitioner for the 130 needs to file an 864 as well. Is she married and maybe included in a joint filing? Is... Read more »
My boys are both over 18 now so my ex only sends $400 a month now. We have not been back to court to amend anything. He recently quit his job and moved to Colorado with his his girlfriend. Now that he is out of a job I have gotten one late payment and no payment this month so far. What do I do?
Contact the attorney general for assistance.
There are very specific rules regarding child support enforcement for children over 18 so you need to contact attorney general as soon as possible to preserver your rights or retain an attorney.
Disclaimer: This information is for... Read more »
My wife and I are planning on selling our home and buying two separate homes with the proceeds, one in Texas and one in Michigan. The mortgage on the Texas home will be solely in my name. Since Texas is a community property state, what can be done to ensure the house remains solely my property in... Read more »
You should consult with and retain an attorney.
In general there are different mechanisms that can accomplish this goal. One mechanism may be a partition and exchang agreement.
Disclaimer: This information is for educational purposes only and does not create an attorney-client... Read more »
My childs father won't let me see my baby or talk to her i have no idea if she is okay its been almost 4 weeks now if my child is at a home with the girlfriend do i have the right to pick up my child since she is mine??
There are more details needed to give you advice. You should consult with an attorney.
Do you have a court order in place that gives you specific days and times of visitation? If not, you need to get a court order in place immediately.
His fiancé has never had kids and my child says she is mean to him. My ex has a revolving door of women. I don’t think they will get married and I don’t want to add more drama unless he gets legally married.
In general, if the therapy occurs during the other parents time then they can bring anyone allowed by the therapist.
Unless, it can be shown that the girlfriend is physically and mentally abusive or the therapist says that the girlfriend should not come because it has a negative effect on... Read more »
So I selected the part I had a question on a friend of mine is in this situation and I need an answer from and honest oppinion
You forgot to type the question. If you are just curious about the Human Trafficking laws or under what conditions it can be an F1 then you can find them in Chapter 20A of the Penal Code here: https://statutes.capitol.texas.gov/Docs/PE/htm/PE.20A.htm
A employee of mine got in a anothers co workers face. And launched verbal insults and threatened to hurt him and the employee he threatened punched him and pulled out a knife. quit and walked out citing fear for his life. . After calming down. Can I file charges against him or can he sue my... Read more »
Anyone can sue anyone else for anything. Whether or not they win is a different story. Did you provide an unsafe work environment? Who knows! Talk to an attorney who practices civil law.
As for criminal law, an imminent threat to do something that causes pain is Assault. In most... Read more »
Greetings! Although I am legally divorced for four years, my ex-husband refuses to divorce me in our religion, continuing his abuse this way, now that we don't live together. Therefore, I cannot have a family of my own and in reality he is keeping me hostage. As he is a university professor and... Read more »
I think the problem you are asking about is a question of CIVIL LAW which is entirely different than criminal law. Statements that are 100% legal for the purposes of criminal law can still lead to civil liability for the tort of DEFAMATION which can be libel or slander. You should consult a civil... Read more »
Her again and he took her. I have vet records, the bill of sale, photos, all showing she’s mine but the police refuse to help. What can I do?
You can sue him in civil court. Hire a civil attorney or, if you want to try to do it yourself then visit your local Justice of the Peace court and ask for help filing a small claims case.
This guy who is 21 was talking to a 16 year old in his rehab place. They exchanged texts she was luring him on. He told her to send something. He seemed to come off flirty and said everything stays between them. She said should would, but She nor him sent any bad pics. In the end they blocked... Read more »
Innocent people can be arrested and charged with a crime. If they can't afford bail they have to choose between sitting in jail and entering a plea for something they didn't do.
So you could be arrested for killing the Tooth Fairy. The fact that the Tooth Fairy is not a real person is a... Read more »
I received Deferred Adjudication for the charge and completed it successfully in 2005 and it was dismissed. I would like to get my LTC and wanted to know if it was possible and if so what would be needed for me to restore my gun rights. I have not committed and criminal offenses since being charged... Read more »
No. Deferred Adjudication is a conviction for the purposes of the Texas license to carry, see Texas Government Code 411.171(4). People with felony convictions are not eligible for a license to carry, see GC 411.172(a)(3). Aggravated Assault is defined in Title 5 of the Penal Code, so deferred... Read more »
It was only supposed to be a visit to show her family our son but with the recent covid outbreak we stayed longer that expected well now that we can return home she no longer wishes to live in texas & wants to stay in Louisiana. Can I legally leave with my son & go back home to Texas?
You need to consult with and retain an attorney.
There are some specific questions that you need to be asked to ensure that you will not be charged with kidnapping and that you have not been in Louisiana long enough to establish jurisdiction there.
In general, if an unmarried... Read more »
Been married 3 years with a 1 year old. Can I refinance will that make it worse,
Community property is any property purchased or acquired during the marriage.
Say I was writing a fiction novel and wanted to overtly reference a distinct piece of visual art created by a real, living artist. Could describing it in detail in a literary work infringe on copyright? Specifically if I changed the context of the art, in this instance had the piece created by a... Read more »
You pose an interesting question, not easily answered based on what you have described. However, there is a concept in copyright law called "moral rights." Some countries, like France, take a broad view of the concept. In the US, moral rights are addressed in Section 17 U.S.C. 106A. They are... Read more »
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