Virginia Nelson Hammerle’s Answers

Virginia Nelson Hammerle

Lewisville Elder Law Attorney.

Contributor Level 5
  1. Is it enforceable/legal to write services contract so either party can terminate for no good reason?

    Answered about 1 year ago.

    1. Virginia Nelson Hammerle
    2. Rengin Jamal Bekhtyar
    3. John R. Bonica
    4. Kelly M. Massad
    5. Alan Daniel Hall
    6. ···
    6 lawyer answers

    The parties are free to negotiate terms of a contract, including termination clauses. A "for cause" termination is not required, even when the length of the contract is longer than the termination notice provision. You should, however, carefully think through the ramifications in the event of an early termination, and address those in the contract. For example - what happens to the Work in Process? Will the payment terms change? What is each party's respective duties for full performance...

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  2. Does my husband need an attorney to take a power of attorney away from the son? Does he need an attorney to issue other power

    Answered about 1 year ago.

    1. Brian Christopher Tyrone
    2. Kelly Scott Davis
    3. Virginia Nelson Hammerle
    4. Joseph Franklin Pippen Jr.
    5. Jacqueline A. Cara
    5 lawyer answers

    If it is a financial power of attorney, then it should be revoked in writing. This is a high-stakes matter, so it would be advisable to have an attorney draft the revocation. The revocation can be combined in the same writing granting the new financial power of attorney to his wife. The document should be sent certified mail to the son, and also to any third party who has relied upon the son's prior financial power of attorney. It can also be filed of record with the county clerk in your...

    4 lawyers agreed with this answer

  3. Is my husband responsible for a lab bill for our 25 year old daughter just because she is on our policy? Policy is in his name.

    Answered about 1 year ago.

    1. Mark Allen Land
    2. Virginia Nelson Hammerle
    3. Don Karotkin
    4. Mario L. Vasquez
    4 lawyer answers

    Unless your husband guaranteed payment of the debt, he is not responsible for your adult daughter's bills. He might consider contacting the care provider to verify he has not signed anything as a responsible party.

    2 lawyers agreed with this answer

  4. Can a deed for house be revoked

    Answered over 1 year ago.

    1. Virginia Nelson Hammerle
    2. Cheryl Rivera Smith
    3. Teri A. Walter
    3 lawyer answers

    It is not a good idea to transfer title to your husband without first determining the validity of the deed to the trust. An executed deed usually operates as a transfer of title to the real property. The fact that is has not yet been recorded does not void the deed. Of immediate concern are the terms of the trust, the terms of the deed, the consideration for the transfers, and the communications between you and the trustee. You should consult with an attorney before you execute additional...

    2 lawyers agreed with this answer

  5. Over drafted bank account collection?

    Answered 9 months ago.

    1. James B. Heston
    2. Peter Walter Weston
    3. Virginia Nelson Hammerle
    3 lawyer answers

    Sounds as if you have been the target of unfair debt collection practices. The usual response is to send a letter, certified mail return receipt requested, disputing the claim and requesting verification of it, alleging the collection agency that it has violated the Fair Debt Collection Act, and demanding that they cease and desist all further collection efforts. You can also file a claim with the Texas Attorney General's office. Caveat: I have not seen the collection letter language nor...

    1 lawyer agreed with this answer

  6. What are rights of an individual whose recorded conversations are released to others? Both parties live in 1 party state.

    Answered about 1 year ago.

    1. Virginia Nelson Hammerle
    2. Golnar Sargeant
    2 lawyer answers

    It depends upon the identity of the parties and the circumstances surrounding the conversation. In Texas, anyone who is a party to a conversation can record it. If one of the parties was your attorney, your healthcare provider, or your clergyperson, then the conversation was privileged. The privilege is yours, not the professional's, to waive. Regarding the circumstances, if you are going through a divorce then there may be a injunction or restraining order that comes into play.

    1 lawyer agreed with this answer

  7. Legally does a lease supersede city or state law?

    Answered about 1 year ago.

    1. Cheryl Rivera Smith
    2. Shane Michael Boasberg
    3. Virginia Nelson Hammerle
    3 lawyer answers

    A lease cannot contradict applicable city or state law. If the city has posted notice that you cannot enter the premises, then the landlord has failed to provide a habitable premises. That is a breach of the lease by the landlord. There are several legal theories that would apply. While it would be more clear-cut if you had a paper trail that you brought the deficiencies to the attention of the landlord and provided time to cure, if the premises are now uninhabitable AND you did not create...

    1 lawyer agreed with this answer

  8. What is a tort claim? Is DTPA a tort claim? Is trademark infringement a tort claim?

    Answered about 1 year ago.

    1. Richard Kurt Arbuckle
    2. Edward James Kazaleh
    3. Virginia Nelson Hammerle
    3 lawyer answers

    Most lawyers, when analyzing a case, would not classify a cause of action defined by a statute as a "tort" claim. Both DTPA and trademark infringement are statutory claims, and caselaw regarding those types of claims is going to refer to the statute. A breach of contract undergoes a different analysis. There is a cause of action known as a "contort", where a tort is involved in the breach of contract. For the most part, courts have decided that contorts are really just contract actions,...

    1 person marked this answer as helpful

  9. Do I need to secure the services of an attorney in Texas to execute a Judicial Determination of Heirship in Texas?

    Answered about 1 year ago.

    1. James Preston Alder
    2. Virginia Nelson Hammerle
    3. Wesley A Winsor
    4. Justin Eric Elder
    4 lawyer answers

    Hire a Texas attorney. The proceeding, while not complex, has to be done strictly in accordance with Texas law.

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  10. A company I started in Texas is being sued for a very small amount. I sold most of my interest in the company and was removed

    Answered 9 months ago.

    1. Natalie Rebecca Lynch
    2. Steven John Clausen
    3. Virginia Nelson Hammerle
    3 lawyer answers

    Generally, a shareholder is not personally liable for a company debt. There are, however, exceptions to this. At a minimum, you should send a copy of the lawsuit to the CEO and chairman of the board. It should be their responsibility to respond to the lawsuit. However, the analysis doesn't end there. When you say the company was "wound down," that could have several meanings. Was it dissolved? Were there any assets distributed? Did it simply cease doing business? There is not...