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Paulette Mueller

Paulette Mueller’s Answers

58 total


  • I received a letter informing me I am the beneficiary on a policy from my deceased ex-husband. Can I still collect.

    He remarried, died 2004, but policy was paid until 2008, not sure by who. They want copy of divorce decree. We live in Texas.

    Paulette’s Answer

    Texas has a statute that says a divorce decree invalidates a beneficiary designation where the former spouse is the designated beneficiary. Please be careful, this may in fact be some type of scam. You should also know divorce decrees are readily available online in most counties in Texas.

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  • Fraud+divorce

    i signed a settlement with my husband, in settlement we have agreed that each party be awarded 100% of all business interests in his/her name or subject to his/her control. I found out that he has lied about his sworn inventory. can i file motion ...

    Paulette’s Answer

    You really need to go talk with an attorney about this issue. Without looking at the settlement agreement you signed, I can't answer your question. You might be able to do something, assert your fraud claim and your damages, but it is important to look at the type of settlement agreement that was signed.

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  • My divorce trial is next month, How i can send a request for production and compel production of the info of my husband finance

    My husband did not fill sworn inventory forms and i did not have money to go through deposition, also it is late for discovery and court will not grant motion, as case was in court for a long time, how can i send a request for production and compe...

    Paulette’s Answer

    I agree with Ms. Wright's answer, however, you might be able to get a subpoena issued and served on your husband before the trial date. The subpoena would be a subpoena duces tecum which requires him to bring his financial documents with him to court. You really need to spend some time with an attorney to help you figure out a plan.

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  • In divorce temporary order, what does this sentence mean?

    The preceding temporary restraining order should be made a temporary injunction pending final hearing

    Paulette’s Answer

    This sounds like something which is part of a motion or part of a request for the court to do something. If you don't understand, please contact an attorney with your document in hand and ask. Lots of attorneys offer free consults.

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  • Amending sworn inventory for divorce

    i filled sworn inventory, i had 5000 $ cash in my checking account, this money is being spent dialy, can i update my sworn inventory before trial date?

    Paulette’s Answer

    Yes, you can update your inventory at anytime, but be mindful of all deadlines specified in the court's pre-trial order, if there is one. It is better to provide correct accurate information to the court and the other side so everyone knows what property exists, and what does not exist.

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  • I was divorced in GA in 2003. The quadro and divorce settlement gave 50% of an annuity account to my wife. Before she filed the

    paperwork to obtain her share she died in May 2004. My son's were her heirs and never filed for her share. I am now retiring and have requested to cash in the Annuity and find out it has a quodro restriction attached. Is there a statute of limit...

    Paulette’s Answer

    The answer to your question lies in the laws of family law (divorce) in Georgia and it also depends upon the laws of the state where your former wife was living at the time of her death. If your former wife died in Georgia, they you are going to need to speak with an attorney who knows and understands family law and probate law. Both will have an impact on your situation.

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  • Divorce

    My wife wont sign divorce papers unless I take a paternity test on a child that isnt mine, how would I get a divorce without her signature

    Paulette’s Answer

    A divorce petition needs to be filed, citation issued and served on your wife. Once your wife has been served with the papers (by a constable or a private process server) she will have a certain amount of time to answer. Once that day passes, and she doesn't file an answer or other writing with the Court, and your petition has been on file for at least 60 days, you will be able to get a divorce by default, which does not require her signature. If this gets too hard for you, please spend the money to hire an attorney to help you.

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  • My b/f has never met his kid. what is the possibility of him getting custody if the mother dies from drug O/D?

    He filed a paternity suit and has wanted to pay her child support from day one. He has never met the kid, who is now 10. He wants the child to know who their father is, and possibly build a relationship. However, we got terrible news that the moth...

    Paulette’s Answer

    I think the two of you will be great parents, only because you recognize the responsibility you are about to assume. But try also to think of this 10 year old child, who now, is without anyone to watch over him, make sure he has a place to sleep at night or food to eat. If family is not willing to assume responsibility, he will be placed in foster care. The choice to consider is where will the child have the best chance for success? Think about introducing yourself and gradually working up to spending more and more time with the child. Everyone might benefit greatly from this experience.

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  • Is there anything I can do if the custodial parent takes my doctor too frequently and then expects me to pay.

    In the past 3 weeks the mother of my daughter has taken her to the emergency room for a bump on the head which I told her there were no signs of a concoction and she was okay, and asked for $200.00 to cover that, to the dentist to pull a loose too...

    Paulette’s Answer

    There may be some relief for you in the standard language that is included in most divorce decrees or child custody orders. Start there and see if the mother has fully complied with the terms and provisions of your health insurance language and the terms and provisions of your health insurance policy. If there is no help there, you have two options --- work a payment plan with her, or file a modification action to limit the amount she can ask of you per month; or require your consent and/or notification before the child is seen by a doctor or some other limitation. Seeking the modification action could turn out to be more expensive than making payment of these health care expenses. You should speak with an attorney about other options that might be available to you.

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  • If my husband an ex were never married and she barely sees him or asks about him does that help us on trying to gain custody?

    My step son is 3 and my husband has supported him the whole time and I have cared for him for the last 2 yrs as "mom". His mother only sees him once every couple months and has never had a stable home job or vehicle. She has had different men arou...

    Paulette’s Answer

    I agree with Attorney Cohan in his answer. The Texas Family Code now provides individuals like you a cause of action and a way to bring this to the attention of a family court. You will need the address for the biological mother and the biological father as both will have to be served with the initial pleadings before you can get the court orders you need. Please, contact a family law lawyer as soon as possible to quickly get this matter taken care of.

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