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Texas Questions & Answers
1 Answer | Asked in Real Estate Law and Contracts for Texas on
Q: Mother refuses to sign and pay for subdivision of deeded acreage

My husband's mother deeded half of her acreage to him, with the deed in his name. We've learned that we need to subdivide the property, but his mother must sign paperwork and pay half of the costs, which she refuses to do. We cannot obtain the permits needed to build a home on our... View More

James Clifton
PREMIUM
James Clifton
answered on May 21, 2025

If your husband's mother has retained a portion of the property as tenants in common or as a joint tenant, you cannot force her to subdivide the property or sign any paperwork to that effect unless there is a written agreement where she agreed to subdivide the property. You do have the option... View More

1 Answer | Asked in Criminal Law, Employment Law, Landlord - Tenant, Animal / Dog Law and Real Estate Law for Texas on
Q: How can my cousin avoid jail time after failing a UA on probation in Texas?

My cousin is on probation in Texas and has failed a UA. He has been told he must serve 45 days in jail once a bed becomes available. This isn't his first failed UA, and he currently has no legal representation. He is at risk of losing his job, apartment, and dog due to this situation. He plans... View More

Wade Sparks
Wade Sparks
answered on May 20, 2025

I hope his monday meeting with his probation officer went well.

There's no single, sure-fire, guaranteed way to avoid jail time. However, he can increase his chances by having a real desire to get clean, and demonstrate that by actions. He'll need to show his probation officer...
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1 Answer | Asked in Criminal Law for Texas on
Q: How will my co-defendant's affidavit impact my drug-related case in Texas?

I recently bonded out after being charged in a drug-related case. My co-defendant has pled guilty and signed for four years. He intends to provide an affidavit claiming all drugs found were his and stating I had no knowledge of them. My roommate, who was present when I arrived home from work, can... View More

Wade Sparks
Wade Sparks
answered on May 20, 2025

It certainly won't hurt. As long as the body cam footage doesn't show anything incriminating and you didn't make any incriminating statements during the stop and arrest, then it could go a long way, possibly even dismissal. But, if you have some criminal history, the prosecutor might... View More

1 Answer | Asked in Criminal Law for Texas on
Q: Indicted for state jail felony possession of meth after discharge from parole.

I was pulled over on March 10, 2024, about three miles outside of Big Lake and arrested for possession of a controlled substance meth (less than 4 grams). I had just successfully discharged parole for a similar charge 10 days prior. I was bailed out and recently received an indictment on April 23,... View More

Wade Sparks
Wade Sparks
answered on May 20, 2025

Big Lake is in Reagan County. So your case should be in the 112th District Court. Contact the Court Administrator, Rebecca Lumbreras by email or phone and ask if there's a court date for your case yet. Give her your correct contact information so that you can be notified by mail, email, or... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: Outcomes for probation & new assault charge in TX?

I am currently serving probation for two assault family violence charges, which include a one-year probation term, a nine-month BIPP class, a $4,000 fine, and community service. I recently got into a physical altercation with my boyfriend, resulting in his nose being broken and some scratches on... View More

Madalina  Garcia
Madalina Garcia
answered on May 20, 2025

The potential outcomes for your case include probation revocation and sentencing to an otherwise-suspended sentence. I expect that the prosecutor will seek much harsher penalties for the newest charge because of your history of similar charges. As a matter of public policy, family violence cases in... View More

3 Answers | Asked in Immigration Law for Texas on
Q: I-130 denied due to signature error, next steps?

I recently had my I-130 petition denied because my wife signed in a section where I was supposed to sign. I am a U.S. citizen, and I need advice on what steps to take to correct this. The deadline for reapplying or filing a motion is June 18. What should I do to address this error and ensure the... View More

Remzi Guvenc Kulen
Remzi Guvenc Kulen
answered on May 18, 2025

At a first glance, filing a motion to reopen would be the easiest, quickest and the most economical way of handling this. But the problem is what if the motion is not adjudicated in a timely manner and what if the motion is not granted? You would be back to square one.

There is no specific...
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2 Answers | Asked in Probate and Estate Planning for Texas on
Q: Can a will be probated 15 years after death with a life estate involved?

My son was granted a life estate over his father's estate in the will. However, the will was not probated, and it has been 15 years since my husband's passing. There are other siblings involved as well. All of the assets in the estate are still available and intact, and there have been no... View More

Isaac Shutt
Isaac Shutt
answered on May 16, 2025

Assuming your Husband residing in Texas, the general time limit for probating a will is four years. However, there is a special type of probate (called "muniment of title") that can be initiated after four years. Most Texas courts will allow probate as a muniment of title beyond four... View More

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4 Answers | Asked in Car Accidents, Civil Litigation and Personal Injury for Texas on
Q: Can I sue for damages after hitting an unmarked forklift causing truck repairs and income loss?

I’m an independent truck driver, and on April 8, 2025, I was involved in an accident in Geismar where I hit a United Rental forklift that was parked on the shoulder. It wasn't properly marked, lit, or barricaded, creating a safety hazard. My truck was towed for repairs costing $52,535.84,... View More

John Michael Frick
John Michael Frick
answered on May 15, 2025

Yes, you can sue. But it might not be United Rental that you can sue. United Rental rents forklifts to other companies and people. The dangerous condition may have been created by the renter of the forklift, and not by United Rental. You need to identify who that renter was, if there was one.... View More

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3 Answers | Asked in Collections and Consumer Law for Texas on
Q: Can United Legal Firm pursue legal action for Cash Net USA debt?

United Legal Firm has been calling me and my ex-husband, claiming I owe money to Cash Net USA for a loan I have not paid off which has been charged off. They are threatening to sue me but have not provided any specific details about a court case. Despite their claims, I haven't received any... View More

John Michael Frick
John Michael Frick
answered on May 15, 2025

This sounds very much like a hoax. I would not make any deal or pay any money. If they call you again, tell them you need written verification of the debt including any assignment or transfer of the debt from Cash Net USA to them or a copy of an agreement executed by Cash Net USA hiring United... View More

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2 Answers | Asked in Divorce and Family Law for Texas on
Q: What to do if my ex is 15 days late on alimony payment in Texas?

I am dealing with a situation where my ex-spouse is 15 days late on an alimony payment of $1500, which is due on the 1st of every month for five years as per our divorce decree. He has been late before by a few days, but this time, he is weeks late. There has been no communication from him, and I... View More

John Michael Frick
John Michael Frick
answered on May 15, 2025

It sounds like this is a contractual alimony payment as opposed to court-ordered spousal maintenance given the duration.

You should send a demand letter first, and then file a lawsuit for the $1,500 + interest at the rate of 6% per annum. Given the small amount, it will not be cost...
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2 Answers | Asked in Child Support, Tax Law and Family Law for Texas on
Q: How to address tax return offset due to child support arrears in Texas?

I recently discovered that my tax return was offset due to child support arrears, and the Office of the Attorney General processed this offset. Although I have contacted them to request a review of my situation, my requests are being ignored. What steps can I take to contest or address this offset... View More

John Michael Frick
John Michael Frick
answered on May 15, 2025

First, run a copy of your child support payment record and review it to determine why the AG thinks you owe child support if you think you have been making all of your payments. Make sure that the record is accurate.

Second, if the amount of your tax refund exceeded the amount that your...
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2 Answers | Asked in Contracts, Civil Litigation, Landlord - Tenant, Personal Injury and Real Estate Law for Texas on
Q: How can I retrieve my car from a locked shop due to my ex's debt?

I'm seeking advice on retrieving my vehicle, which is locked in a shop that my ex-boyfriend was renting. The shop owner locked the premises due to my ex-boyfriend's debt, but my vehicle, which is registered under my name, is inside. The owner mentioned he might consider giving me the car... View More

John Michael Frick
John Michael Frick
answered on May 13, 2025

If your car is worth $20,000 or less, you can file a suit for replevin in JP court. The owner's landlord's lien does not apply to motor vehicles not owned by the tenant.

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2 Answers | Asked in Probate, Real Estate Law and Estate Planning for Texas on
Q: How to sell property with title issues as sole beneficiary in TX?

I'm trying to sell my deceased mother's house in Collin County, TX. I am the sole beneficiary listed in her will and trust, and also the executor. The title company requires an heirship affidavit, but I can't find 2 people who knew her within the last 10 years to sign it, and there... View More

Isaac Shutt
Isaac Shutt
answered on May 13, 2025

As a Collin County Probate Attorney, I can say that Collin County Probate Court is often thought of as one of the fastest and easiest probate courts in the entire State of Texas. So, that's really good news!

If the deed to the house shows that the house is already legally owned by the...
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2 Answers | Asked in Criminal Law, White Collar Crime, Internet Law and Juvenile Law for Texas on
Q: Legal consequences for a minor admin involved in cybercrime activities.

I am a minor working as an admin at BreachForums, primarily involved in cybercrime, money laundering, and managing stolen data/accounts, though I don't personally obtain the data. I help middleman for the forum, and also manage their social media accounts and announcements. I haven't had... View More

Jeremy Malcolm
Jeremy Malcolm
answered on May 13, 2025

You could be implicated in conspiracy to commit a crime or aiding and abetting cybercrime, even if you didn't commit any hacks yourself. This could include wire fraud and money laundering crimes, or crimes under the Computer Fraud and Abuse Act (CFAA) for trafficking in stolen credentials.... View More

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2 Answers | Asked in Personal Injury, Legal Malpractice, Child Support and Family Law for Texas on
Q: Delay in personal injury settlement payment and unresolved liens

I have not received my personal injury settlement, and it's been almost 9 months since it was settled. I've been in contact with my lawyers, who often change the subject when I inquire and say it takes time. No specific agreement was made on when the settlement would be disbursed to me.... View More

John Michael Frick
John Michael Frick
answered on May 13, 2025

You might want to communicate with the other parent to whom the child support is owed. If they are trying to negotiate a release of the child support lien for less than the amount you owe, the other parent may be the stumbling block.

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2 Answers | Asked in Banking, Securities Law and Internet Law for Texas on
Q: Legality of hiring for crypto trading with 30% commission online in the US.

Is it legal for a financial institution in the United States to hire a company to recruit people who buy cryptocurrency and immediately sell it for a 30% commission, with the intent of stabilizing the crypto market? This is all conducted over the internet, and I am unsure about the type of company... View More

John Michael Frick
John Michael Frick
answered on May 13, 2025

I strongly sense that this is a scam. Buying and then immediately selling cryptocurrency would not stabilize the crypto market especially with a 30% commission coming out of every transaction. If anything, it would disrupt the market and contribute to its volatility. The amount of the... View More

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2 Answers | Asked in Child Support and Family Law for Texas on
Q: How to terminate child support for a married adult daughter in Texas?

I have been paying child support for my daughter, who is now 32 years old, married, has two children, and owns a home. Due to my current circumstances, including caring for my bedridden father and not working, I need to terminate this obligation. What steps or forms do I need to complete to request... View More

John Michael Frick
John Michael Frick
answered on May 13, 2025

You need to take your court order and case file to an attorney who practices family law in or near the county where the court is located that issued the child support order. There are almost certainly relevant facts which are not contained in your question. In most cases, a child support... View More

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2 Answers | Asked in Child Support and Family Law for Texas on
Q: How can I stop child support payments for my 32-year-old married daughter in Dallas, TX given my caregiving responsibilities?

I am paying child support for my 32-year-old daughter, who is married and has two children. Despite her situation, these payments continue, and my daughter and her mother refuse to drop them, resulting in my struggle for 26 years. Currently, I'm unemployed due to having to care for my... View More

Raymond Chow
Raymond Chow
answered on May 13, 2025

By Texas law, child support ends when the child turns 18 or graduates from an accredited high school, whichever is later. You need to check your final court order. You can also submit a judge-signed withholding order to your employer to stop the child support garnishment.

I have a strong...
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2 Answers | Asked in Animal / Dog Law, Civil Litigation and Personal Injury for Texas on
Q: Neighbor's dog attacked my daughter's dog, causing injuries. Neighbors refuse to pay vet bills despite evidence and prior incidents. What legal actions can be taken in Texas?

My daughter's dog was attacked by my neighbor's dog, which also injured her children. The incident resulted in over $3,000 in vet bills. We have sent letters to the neighbors both by mail and hand delivery, but they refused to pay the expenses. There have been prior incidents of their dog... View More

John Michael Frick
John Michael Frick
answered on May 12, 2025

You should file a small claims suit in the justice of the peace court for the county and precinct where you and your neighbor live.

You should download, print out, and bring with you any local ordinance for your town or city that requires pet owners to keep their pets fenced or on a leash...
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2 Answers | Asked in Collections and Traffic Tickets for Texas on
Q: What does it mean for a traffic violation ticket to be sent to collections?

I have a traffic violation ticket from five years ago that states it has been sent to collections. I have not received any communication from a collections agency, and I haven't made any attempts to address or resolve the ticket. I'm unsure if there are any consequences or actions on my... View More

John Michael Frick
John Michael Frick
answered on May 12, 2025

Typically, unpaid traffic tickets are sent to collections when the violator hasn't made any attempts to address or resolve the ticket for a substantial period of time. The unpaid traffic ticket may be reported to credit bureaus which could negatively impact your ability to borrow money in the... View More

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