Jeffrey Albert Yates’s Answers

Jeffrey Albert Yates

Plano Probate Attorney.

Contributor Level 10
  1. I want to know if it possible to get my earnest money back?

    Answered 3 months ago.

    1. Jeffrey Albert Yates
    1 lawyer answer

    The answer depends on your contract; however, it is doubtful that you can force the seller to return your earnest money at this point. If you are still within your option period, then you should be able to terminate the contract and receive your earnest money back, but not the consideration paid for the option period (usually a nominal sum of $50 or $100). However, I doubt you are within the option period if you are already past your closing date. Also, if you have a financing addendum, you...

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  2. A Will was done in 2004 the person moved in with someone 2005 died 2012 anything bought after that would be consider theirs

    Answered over 2 years ago.

    1. Jeffrey Albert Yates
    2. David Grant Voeller
    3. Jeff Tomberg
    3 lawyer answers

    I am having some difficulty following who is who in your scenario, but here are a couple of thoughts. First, you are assuming that they are common law husband in wife. In order to have an informal marriage (common law) in Texas, there are 3 requirements: 1. that they lived together, 2. that they intended to be married, and 3. that they held themselves out to be husband and wife to others. This could happen if they lived together for a week, but it could also not be considered a marriage even...

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  3. My Dad past away and left several 401ks with different benefituries. Who has rights to the 401k even though some go differ peeps

    Answered over 3 years ago.

    1. Jeffrey Albert Yates
    2. James Brian Thomas
    3. Nicholas Abaza
    4. Jason A. Waddell
    5. Sonya F. Mittelman
    5 lawyer answers

    The rights go to the people who are the named beneficiaries. However, his surviving spouse may have some claims to the 401k accounts where she was not named as a beneficiary, depending on a number of factor such as when they were created, are they governed by ERISA, did she consent to the naming of a beneficiary other than herself.

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  4. Order Approved Affidavit of Small Estate - What Documents For Transfer of Ownership of House and Property

    Answered over 2 years ago.

    1. Jeffrey Albert Yates
    2. Amber Lynn Nelson
    2 lawyer answers

    All you need to do is obtain a certified copy of the small estates affidavit along with the order approving same, and record it in the deed records where the property is located. You may also want to take a certified copy of the documents to the appraisal district in the county where the property is located so they can update their records. They will eventually receive notice that title has been transferred after you file it with the deed records, but by taking it to them it helps expedite...

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  5. My mom passed away in November. She has a will.

    Answered over 2 years ago.

    1. Lawrence Frederick Dietlein Jr.
    2. Jeffrey Albert Yates
    3. Joshua Cody Tisdale
    3 lawyer answers

    Assuming it is a valid will and self proved, you should probate it as a muniment of title, based on the facts as you present them. Most courts do not require you to retain an attorney to probate a will as a muniment of title since no representative is actually being appointed. However, some probate courts (or other applicable court) may require you use an attorney. Regardless, it should not be too expensive (should be less than $1,000, probably around $750). No deed will be filed since no...

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  6. We have lived in the house for 3 years and the owner gave us 2 weeks to move

    Answered over 3 years ago.

    1. Jeffrey Albert Yates
    1 lawyer answer

    In the absence of a written lease agreement, you are almost certainly on a month-to-month tenancy. In that case, either party can terminate with at least 30 days written notice. Typically, a notice is given at the end of one month, to be effective at the end of the following month. If that was not done, you can buy some more time in the property if he tries to evict you, but if he wants you out, he has the right to do so, it just may take him a couple of more weeks to do it right.

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  7. Can I be sued for Back Child Support in Texas? I thought the Atty General handled back child support cases.

    Answered over 3 years ago.

    1. Jeffrey Albert Yates
    1 lawyer answer

    The short answer to your initial question is "yes, you can be sued for back child support." Either the obligee (child's other parent) can hire a lawyer and bring an enforcement action directly, or the attorney general can initiate it. The fact that you are paying current support as it is due is a plus, but I would recommend getting an attorney to make sure your rights are protected. Do not try and negotiate with her lawyer or the AG without your own lawyer.

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  8. I work for a company in Texas and here recently was asked to resign with severance pay of 3 months! They created a package and

    Answered over 3 years ago.

    1. Jeffrey Albert Yates
    1 lawyer answer

    Assuming there was no contract in place to the contrary, Texas is an at-will employment state, meaning employers can fire you for any reason or no reason, so long as it is not an illegal reason. They are not required to offer you any severance. They may be offering it to you in order to limit your ability to seek unemployment, so be sure and read the entire agreement. It is often advisable to have an employment law attorney review it to make sure you understand what rights you may be giving...

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  9. Who has next of kin rights?

    Answered over 3 years ago.

    1. Jeffrey Albert Yates
    2. Jonathan Craig Reed
    2 lawyer answers

    The question is more involved than you may think. First, I am going to assume they lived in Texas and it is Texas property. Next, I am going to assume that the "home they owned" was their homestead property, meaning that is where they lived. Since you indicated that they owned it, I am also going to assume that it is community property, which it would be if they bought it while they were married. Finally, I am going to assume that both your mom and step father did not have wills and that the...

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  10. Does a landlord have the right to access his or her property at any time, or would certain cases be trespass?

    Answered over 2 years ago.

    1. Jeffrey Albert Yates
    2. Richard Scott Carlyon
    2 lawyer answers

    The question depends primarily on the terms of your lease agreement. The lease often sets forth the basis for a landlord to enter on the property. Normally access (in a lease) is provided for checking on the condition of the property, making repairs, showing the property to potential future tenants or purchasers. This usually does not require your consent. Often times a lease will provide for a certain amount of notice prior to entry under certain circumstances. Again, review your lease...

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