James Ryland Miller’s Answers

James Ryland Miller

Arlington Probate Attorney.

Contributor Level 11
  1. My husband died Feb. 15, 2012, what do I need to do?

    Answered over 2 years ago.

    1. James Ryland Miller
    2. Joshua Cody Tisdale
    3. Richard H. Foley, Jr.
    3 lawyer answers

    I'm very sorry for your loss. It's not easy to lose a loved one, especially a husband. Mr. Foley's advice may be correct in Arkansas, but not in Texas. Texas does not create joint tenancies with right of survivorship by default; therefore, you need to schedule an appointment with a probate lawyer. It may be that title in the car automatically vests in you; but, that depends on the specific car title. You state he has 5 children but only 3 that can legally claim anything; that's...

    4 lawyers agreed with this answer

  2. I have a final order thats a year old my ex owes me more than 50k.I have gone back to court with a motion to enforce

    Answered over 3 years ago.

    1. James Ryland Miller
    2. Thomas James Daley
    2 lawyer answers

    I'm not sure I understand your question; are you asking what you should do about the Judge? I would talk to your current lawyer about appealing the judgment of the motion to enforce. If everything really is as you say it is, you should have a chance in the Court of Appeals. Regarding the blocked discovery during the divorce, it's likely too late to appeal those issues.

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  3. We wer given our grandson the day he was born. My daughter was raped at 16. She is only on the birth cert. Can we get custody?

    Answered over 3 years ago.

    1. James Ryland Miller
    2. Christopher Jay Harding
    3. Mary Elizabeth Milek
    3 lawyer answers

    You need to hire a family lawyer if you want to have legal 'custody.' (Custody is no longer the actual legal term in Texas; "possession" and "access" are what you actually want. Your daughter can give you an authorized written designation under Chapter 34 of the Tex. Family Code; but, this is not the same as having full possession and access rights to the child. But, she would be able to revoke it at any time. Your best bet would likely be to file a Suit Affecting the Parent Child...

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  4. What is the outcome/process if husband does not want the divorce that i am intending?

    Answered over 2 years ago.

    1. Howard M Lewis
    2. M Elizabeth Gunn
    3. James Ryland Miller
    4. J. Richard Kulerski
    4 lawyer answers

    What he can do is 'stall' the divorce. He can put up a large fight on how to divide the community property, taking up time. He can sometimes request the Court to order marriage counseling. But, beyond that, he does not have to 'agree' to the divorce, although many divorces are agreed divorces. If the two of you can't agree, you'll have a trial where the judge or jury will decide the terms of your divorce. The process, whether he wants to divorce or not, is to hire a Texas family lawyer...

    2 lawyers agreed with this answer

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  5. My husband passed away from MS in 2010 - intestate. Only property our home. Do I need probate to sell?

    Answered 8 months ago.

    1. Kendall Shane Cockrell
    2. John Gus Zgourides
    3. Leslie Starr Barrows
    4. Aimee Elaine Manriquez
    5. James Ryland Miller
    6. ···
    8 lawyer answers

    You may or may not need to probate; it mostly depends on what the title company will accept. Your signature and a death certificate would likely only work if the house was titled as "Joint tenants with right of survivorship" or "JTWROS". You may be able to do an affidavit of heirship or a small estate affidavit, (these are cheaper and faster) but you definitely need to meet with a probate attorney to asses these options. It depends on the total value of his estate, what kind of assets, and...

    2 lawyers agreed with this answer

  6. How long do I have if I get kicked out of my fathers house?

    Answered 10 months ago.

    1. Mark Allen Land
    2. James Ryland Miller
    3. Bryan L. Walter
    3 lawyer answers

    You should talk to a probate lawyer, it may be that you have partial rights to the house under the intestacy laws. The way for your mom to kick you out would be to evict you. She would have to establish she's the record owner or that she has superior rights to the property first though. If she hasn't probated or otherwise cleared title to the house, she may have to do more than just file an eviction against you.

    2 lawyers agreed with this answer

  7. What do I need to do to file a divorce in California myself. its an uncontested divorce with no children or property?

    Answered 11 months ago.

    1. Mark Allen Land
    2. Bryan L. Walter
    3. James Ryland Miller
    4. Scheherazade B Rastegar-Djavahery
    4 lawyer answers

    You likely need to file for divorce in Texas, not California. States get jurisdiction over divorces typically with residence. In Texas, it's 6 months in state and 90 days in the specific county. You *may* be able to file in California and use your wife's residency to get California jurisdiction. Please note I'm not licensed in California and don't know California law. But, do you really want to have to travel to California to use their courts instead of just hiring a local attorney here?...

    2 lawyers agreed with this answer

  8. I need a lawyer to help me retain the royality checks that are to come to me but they have stopped my husband has passes away

    Answered 12 months ago.

    1. David M. Pyke
    2. Cheryl Rivera Smith
    3. Kevin Matthew Koel
    4. James Ryland Miller
    4 lawyer answers

    Echoing what the other lawyers have said, you need to hold an initial consult with a probate attorney. Your options will be defined by whether or not your husband left a valid will. Even without a will, you have options that will hep you get the royalty funds. BUT, please do not wait! You could lose rights under the law by waiting too long.

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  9. Considering divorce married 34yrs have a home lived in 20 yrs 19 yr old daughter at home what are my rights

    Answered over 2 years ago.

    1. James Ryland Miller
    2. Meghan S Bishop
    2 lawyer answers

    I'm very sorry that you're having to contemplate a divorce after 34 years. It's no small feat for your marriage to last that long. In short, you need to find a lawyer who is going to 'help you get through this.' Until you find that lawyer, the following is a very basic outline of your rights; but, you need to schedule an appointment with a local lawyer discuss your matter in more detail. It's too hard to get the required facts over the internet. Your rights are for the Court to split your...

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  10. Can I sue a school administrator in small claims court for defamation

    Answered over 2 years ago.

    1. James Ryland Miller
    2. Harold Benjamin Gold
    3. Todd Bruce Kotler
    3 lawyer answers

    If what you're saying is true, I would run, not walk, to an employment lawyer to discuss the merits of your case. Your potential damages may exceed the jurisdictional limits of a small claims court ($10,000.00) as well.

    2 lawyers agreed with this answer