Byron L. Woolley’s Answers

Byron L. Woolley

Dallas Probate Attorney.

Contributor Level 12
  1. My sister misplaced her letter of testimentary. Can I go to the county courthouse and request extra copies for her?

    Answered over 2 years ago.

    1. Orsen E. Paxton III
    2. Byron L. Woolley
    3. Eric Jerome Gold
    3 lawyer answers

    She can do so and probably you can do it for her. Call the probate clerk's office to make sure they do not have a requirment that only the executrix or her attorney obtain new copies of Letters Testamentary. You will probaly want a certified copy which will cost a few dollars extra so ask the clerk the cost also. Also, you can contact the attorney who handled the probate and see if he has a copy.

    4 lawyers agreed with this answer

  2. Do I need a Real Estate attorney?

    Answered almost 3 years ago.

    1. Byron L. Woolley
    2. Mark Alan Mackin
    3. Christopher Carl Esker
    3 lawyer answers

    Needless to say, this is not something that will be uncomplicated in the assessing of fault or liability. You not only have your and your neighbor's current damages to address, but potentially future damages to other areas of the property, as this may not be the only problem area with the construction. While the builder may take full responsibility for the mishap, in construction related litigation it is not unusual for the finger of blame to be pointed towards the builder, the...

    4 lawyers agreed with this answer

  3. Do I need a living trust for my parents if all accounts already name me beneficiary only the house and I am an only child?

    Answered 3 months ago.

    1. Joel Norris
    2. Sean Joseph Green
    3. Byron L. Woolley
    4. Ellen Daniel Williamson
    5. J. Shannon Cavers
    6. ···
    7 lawyer answers

    Your parents need a Will whether or not they choose to also go to the expense of a living trust. Living trusts have their place in estate planning but as a practical matter, setting up a living trust and administering it can be more costly than preparing a simple Will and having it probated, plus you run the risk of all of their property not being properly transferred to the trust. The failure to transfer all property into the trust, later receiving property from someone else via an...

    3 lawyers agreed with this answer

  4. Do I have the rights to my dead fathers jeep? How do I recover the vehicle?

    Answered over 1 year ago.

    1. Byron L. Woolley
    2. Orsen E. Paxton III
    2 lawyer answers

    My condolences on the passing of your father. Since he had no will, the laws of intestate succession will control who receives his property which may be you if you are the only child he had and he did not remarry after the divorce you mention. Since the decree of divorce apparently provided for the Jeep title to be transferred to your father which did not occur, I recommend that you retain an attorney with experience in both divorce and probate to assist you as you will need both areas of law...

    3 lawyers agreed with this answer

  5. What do you do if your lawyer is MIA?

    Answered over 1 year ago.

    1. Byron L. Woolley
    2. Samuel Cohen
    2 lawyer answers

    Your attorney seems to be a sole practitioner with no formal office and therefore presumably no office staff to mind his practice should he become ill or otherwise unable to handle his practice duties. I recommend that you retain another attorney who is experienced in handling medical malpractice lawsuits for the purpose of attempting to contact your attorney to investigate the matter for you. Although hiring a new counsel may be complicated if you have a contingency fee agreement with your...

    3 lawyers agreed with this answer

  6. Looking for a family law attorney in the Dallas, Texas area who provides free consultation. Thank You.

    Answered over 3 years ago.

    1. Byron L. Woolley
    2. Charles Emmerich Hardy
    3. James Ryland Miller
    3 lawyer answers

    Many attorneys will provide you with a no charge phone consultation for up to 30 minutes as I will do. Feel free to contact me if you wish.

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  7. What portions of the clerk's record should I request for the appellate court?

    Answered about 4 years ago.

    1. Byron L. Woolley
    2. Franklin L. Broyles
    3. James Nelson Markels
    3 lawyer answers

    You really need an attorney to help you on this endeavor as he will know what the appeal issues are and what portions of the record are needed to present those issues. Otherwise, to be on the safe side, you may want to request the entire record, costly though it may be. However, very soon you will be required to submit a brief and again, you really need to try to find some waty to retain an attorney, or if you cannot afford one, to see if you can qualify for legal aid to help you. Good...

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  8. I need guidance on my father in law's property and social security?

    Answered about 4 years ago.

    1. Byron L. Woolley
    2. Brian Thomas Canupp
    2 lawyer answers

    If there has been no divorce, then they remain married and property accumulated during marriage is assumed to be community property unless it can be shown that it was obtained with separate property. California and Texas are both community property states, but whether they view the issue the same, requires a Calfornia attorney's input. Your father should retain an attorney to help him get a divorce and seek full title to the home as part of the divorce. Good luck. Note: This...

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  9. My apartment in Irving,TX had water damage while I was out of town.They are asking me to pay for it.I have no renter's insuranc

    Answered about 4 years ago.

    1. Byron L. Woolley
    2. Brian W. Erikson
    2 lawyer answers

    You should read your lease to determine who is responsible for repairing damage of the kind you experienced. If the lease does not speak to this issue then the question becomes whether you were negligent in creating a situation that was the proximate cause of the damage. For example, if the damage is weather related due to the recent winter weather we have had in the Dallas area, whether you left your heat on and whether you dripped your faucets could bear on liability for negligence. If...

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  10. Should judge have recused himself?

    Answered about 2 months ago.

    1. Byron L. Woolley
    1 lawyer answer

    The recusal of a judge is a matter a judge must consider if raised by a party and even if not raised by a party, should raise himself if he has reason to believe there could be the appearance of favoritism because of his relationship with a party and sometimes a witness. If the witness is a key witness and the trial will be before the court (i.e. without a jury), the likelihood of recusal would be greater than if a jury trial, but since the judge will rule on objections relating to that...

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