Fran Brochstein's Answers

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

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.

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Can the Executor of the Will move in and take over our mother's home, and ban all family members from the home?

I'm going to echo what the other attorneys have already said - you need to immediately contact an attorney that handles a lot of probate and let this attorney assist you. It will be money well spent. DO IT NOW! It will take awhile to get before a judge so you need to act quickly before permanent damage is done. Here is another suggestion - You can also contact all the banks and notify them that your mother is deceased. The bank(s) might freeze her accounts. However, it will depend how...

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In Harris county will it be a problem to file original uncontested divorce AND signed notorized waiver of service at same time

The waiver of service must be dated AFTER the petition for divorce was filed with the court. Why? Because you cannot give up your rights until a lawsuit has been filed at the courthouse. You cannot give up your rights BEFORE a lawsuit has been filed. If the waiver of service is dated before the petition is "stamped" by the clerk at the courthouse it is not valid and will not be accepted by the judge. In summary, it is not worth the paper it is written on. So...have the other...

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My fiance filed for divorce from his wife. An attorney prepared the documents for him PRO SE which include:

Well, since the judge's signature is required, you are going to need to do whatever the judge says! I'd go back to the attorney & tell him what the judge said. You need the final decree redone to include the bio. dad. Plus, a Waiver of Service for the bio. dad to sign. And, a new BVS form for the bio. dad to sign. Now, if I were bio. dad I would want a DNA test done to make sure that I was really bio. dad since the final decree is going to have to include child support & health...

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Attorney General Intervening in a Custody Case?

I strongly urge you to retain an attorney. I would contact Patricia Bushman at 713-807-9405. Her first appointment is free - so you can afford that! She takes payment plans. I would call her today because she books up fast! ( I rent space in her office so please tell Pat that FRAN sent you!!) The TX A G can do whatever they want - whenever they want. I'm shocked that they warned you that they would intervening. They usually just show up & muck up the entire process! Since they are...

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Would it be a bad idea to let the Father proven by paternity take our infant home without court orders?

I think you've answered your own question -- you don't trust him! If he takes this baby he can disappear and you might never see this baby again. Also, if he gets the baby into his custody, he can keep the baby and go to the court and ask the judge to grant him custody and ask YOU to pay him child support! If you want a consultation, I charge $2 per minute to talk. Call me at 713-847-6000. You need some legal advice!

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My daughter is 3 months pregnant and not with the bio father any longer. He insists that he has the right to know where and when

I agree with the other attorney. I suggest that you pay for a consultation with an experienced family law attorney. You need to sit down with an attorney and discuss all of your daughter's legal rights. It sounds like this guy is trying to intimidate both of you. It also sounds like you don't know your rights. Your daughter's health is very important right now. She needs some peace of mind. She does not need to be worrying. It's probably worth the money for the peace of mind....

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I'm 31. Can i have my parents removed as family memebers?

I agree with the other attorney. As an adult, you don't have to have any contact with her. What some people have done is change their name as an adult. It seems to "empower" them with a totally new name. It is a "pain" since you would have to change your child's birth certificate and all your legal documents. If possible, I suggest moving far away. Remember, you don't have to respond to her. SILENCE CAN BE EXTREMELY POWERFUL! PLUS: Be sure to have a valid will so that she...

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How do I get a written visitation agreement to be added to my court order?

I agree with the other attorney that has already answered this question. You need to MODIFY your current court order. A signed notarized agreement is not an ORDER signed by a judge. What does all that mean? If a judge has not signed the document ORDERING the person to do something, then the person does not have to do it! Once a legal document has been SIGNED BY A JUDGE & the wording includes the word ORDERED then the person MUST DO WHATEVER IS ORDERED by the JUDGE! Otherwise...

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My ex-wife died and I assumed custody of my child immediately.

Technically this should not be difficult. The cheapest and quickest way to go would be to for you should contact the Texas Child Support Disbursement Unit in San Antonio with the death certificate. Try that immediately. That is something you can do without an attorney. However, you might have to hire an attorney. In Houston, I highly recommend PATRICIA BUSHMAN at 713-807-9405. Her prices are reasonable. Her first appointment is free. She will quote you a price. I rent space in her...

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