Fran Brochstein’s Answers

Fran Brochstein

Houston Mediation Attorney.

Contributor Level 18
  1. How do we force my alcoholic brother to leave my dad's house? He verbally abuses my mentally handicapped sister, father, me.

    Answered over 1 year ago.

    1. Fran Brochstein
    2. Kenneth Lee LaBore
    3. David B Pittman
    3 lawyer answers

    It appears that your father owns the home. Your father would have to evict him. You might want to call your local policing agency - police, constable, sheriff and talk to them. If he's possibly violent you might want to warn them about him. Also if your brother is abusing an elderly or disabled person, there is Adult Protective Services. If your brother is a danger to himself or others, then there is HMHR - Harris Co. Mental Health and Mental Retardation. You can try to get him...

    10 lawyers agreed with this answer

  2. Can I bring written testimony to court?

    Answered 6 months ago.

    1. Fran Brochstein
    2. Elisse Vickers Woelfel
    3. Mark Allen Land
    4. Michael Glynn Busby Jr.
    4 lawyer answers

    Even if it is notarized, it is inadmissable. The other side has the right to cross-examine a witness. They must appear in person. I once kept 25 "affidavits" out by merely saying "I object". Judge agreed. Opposing counsel was very upset. Each witness has to appear in court. You would ask them questions then the other side will ask them questions. The judge decides if they are truthful and determines the weight their testimony will be given. If you were served, you must file an...

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  3. What is the process for filing a complaint with the Texas bar association for attorney misconduct

    Answered about 6 years ago.

    1. Fran Brochstein
    2. William J. Dyer
    2 lawyer answers

    If you want to file a complaint with the State Bar of Texas, go to their website and look under "public". They have the forms and all the information you need on-line.

    16 people marked this answer as helpful

  4. My 16 yr old son suddenly decides he wants to live w/non custodial father, who had told the boy he didn't ever have to

    Answered 7 months ago.

    1. Fran Brochstein
    2. Maria Sara Lowry
    3. Dorothea Elaine Laster
    4. Mack J. Travers
    4 lawyer answers

    You need to hire an attorney immediately. Look on this website and hire one. There are plenty in Katy, Texas. A child over 12 can meet with the judge and discuss what they want. It is not binding on the judge. You need to send the other parent all medical bills along with the insurance company's explanation of benefits page. Send all of this certified mail with a confirming copy by first class mail (use post office form for proof of first class mailing). Then you can file contempt...

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  5. If a husband dies in Texas, without a will does the wife get the house automatically ?

    Answered 5 months ago.

    1. Maria Sara Lowry
    2. Fran Brochstein
    3. Kendall Shane Cockrell
    4. Orsen E. Paxton III
    5. Steven Drew Baker
    6. ···
    6 lawyer answers

    I absolutely agree with the other attorney. Probate without a will is a nightmare and expensive. And, if the children are from another marriage then they will inherit part of the house. Meet with an estate/probate attorney. Look on this website. There are many in the Houston area -- probably some in the Pasadena area so you don't have to drive far.

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. I am being sued for full custody of my seven month old by her father He is not on the birth certificate, does he stand a chance?

    Answered 3 months ago.

    1. Fran Brochstein
    2. Travis L Turner
    3. Robert Werner von Dohlen
    4. Mark Allen Land
    5. Robert H. Tenorio
    5 lawyer answers

    There is a legal case pending against you. You need to ask first thing that the case be transferred because the child lives in another county. You desperately need an attorney immediately. If you do not appear at the court hearing he wins automatic custody. Hopefully I've scared you enough to immediately hire a family law attorney to help you.

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  7. Is there a way to modify a mediation settlement before it goes before the judge for signature?

    Answered 8 months ago.

    1. Fran Brochstein
    2. Maria Sara Lowry
    3. J. Thomas Smith Ph.D.
    4. Roger Anthony Moss
    4 lawyer answers

    I agree with the other attorney that has answered this question - be sure you have an attorney helping you. You need to make sure the correct Mediated Settlement Agreement is in the court's file. If not, then you need to file it. It appears that you live in Harris County so you are required to e-file the document, Hopefully, you and your attorney have copies of this document that supports what you state in your question. Once the MSA is signed, it is binding on everyone that signed it....

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  8. I just got divorced a month ago. since then, my ex anger over child support has escalated.

    Answered 8 months ago.

    1. Fran Brochstein
    2. Dorothea Elaine Laster
    3. Maria Sara Lowry
    4. William Tyler Moore Jr
    5. Sherrie Haussner Travers
    5 lawyer answers

    I agree with the other attorneys have answered. To go back to court in less than a year, an emergency modification is necessary. Calling CPS is not usually enough since many people get false CPS calls. Technically, CPS cannot tell you who made the call. They must investigate all allegations of child abuse. Keep a detailed file on everything that happens with CPS. You might want to keep an attorney on speed-dial since CPS can be very scary. What should you do? 1. Document...

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  9. My seven year old son wants to sell potholders that he is weaving to friends and family. Can he do this legally?

    Answered 2 months ago.

    1. Fran Brochstein
    2. Maria Sara Lowry
    3. Timothy Jordan Hutton
    4. Dorothea Elaine Laster
    4 lawyer answers

    If this enterprise takes off then you need to talk to a CPA and attorney about what you need to do. If his "profits" exceed $600 a year (less his costs) then you might have an on-going enterprise. Good luck on your enterprising & artistic child! Hopefully, he will make so much money that you need to hire a bookkeeper to keep track of his profits!!

    7 lawyers agreed with this answer

  10. My attorney represents my ex's attorney. Conflict of interest?

    Answered 11 months ago.

    1. Adam Kielich
    2. Maria Sara Lowry
    3. Fran Brochstein
    4. Sherrie Haussner Travers
    4 lawyer answers

    Probably not. But if you are uncomfortable talk to your attorney about it or get a new attorney. Unfortunately, attorneys need to hire family law attorneys too to help with their legal matters. This is the best free website for people to find attorneys. Use it.

    7 lawyers agreed with this answer