Fran Brochstein’s Answers

Fran Brochstein

Houston Mediation Attorney.

Contributor Level 18
  1. Our brother was cremated without our authorization by his girl friend,

    Answered about 2 years ago.

    1. Fran Brochstein
    2. James Gregory Las Cola
    3. Michael Leo Potter
    3 lawyer answers

    I am truly sorry for your loss. I agree with the other attorney. You need to meet with an attorney and discuss your case in person. Now you realize since you never made an appearance in Louisiana to visit your brother and "no one" knew you existed. Of course, in hindsight you realize you should have done this. If this woman does not have any money, I' m not sure what you hope to gain other than venting your anger. Lawsuits are expensive and time consuming. You need to give some...

    6 lawyers agreed with this answer

  2. When is it safe to sign a Waiver of Service form?

    Answered about 2 years ago.

    1. Fran Brochstein
    2. Eric Richard Little
    3. Stephen L. Baker
    4. Jerry Cole Brooks
    4 lawyer answers

    I agree with the other attorney - the paralegal is committing a felony & if the judge finds out, the judge will turn the paralegal over to the District Attorney's office. One Harris County judge enjoys doing this to paralegals since most cannot prepare paperwork properly & they get caught regularly practicing law without a license in Harris County. Obviously, the paralegal does not know what he/she is doing so buyer beware. It does not sound like an attorney reviewed this paperwork which is...

    6 lawyers agreed with this answer

  3. I need representation! My husband filed for divorce last month. I have proof of his abuse.

    Answered over 2 years ago.

    1. Howard M Lewis
    2. Fran Brochstein
    3. Jacqueline R. Kriebel
    4. Mysti Dawn Neal Murphy
    4 lawyer answers

    I'm in Houston. Here are a few ideas -- Call the San Antonio Bar Association and see if they have a local pro bono association. Be advised that most pro bono associations are stretched thin and that their wait lists are long. Start calling attorneys on this website. Ignore the ranking system since many good attorneys have not "claimed" their avvo listing. Most family law attorneys accept payment plans. Plus, if your husband controls all the assets of your marriage, your attorney...

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  4. How to get poa if my spouse is incappacitated

    Answered over 2 years ago.

    1. Arthur Harold Geffen
    2. Fran Brochstein
    3. Donna Dorothy Bergen
    3 lawyer answers

    I agree with the other attorney that has already answered. If he cannot sign a legal document, then he cannot execute the required paperwork. You need to talk to an attorney that handles estate planning/probate. There are many in your area. Look on this website and on the State Bar of Texas website. I'd also ask friends and family for a referral in your area. I'm sorry that you are going through this horrible experience. All the best to you and your family.

    6 lawyers agreed with this answer

  5. Can I get the help of an attorney to mediate my problem without going to court? is there anything I can do? This is unfair.

    Answered 3 months ago.

    1. Fran Brochstein
    2. Maria Sara Lowry
    3. Robert Werner von Dohlen
    4. Dorothea Elaine Laster
    5. Rixon Charles Rafter III
    5 lawyer answers

    At 6% interest I would think that you would want to fix this problem. It will continue to haunt you for the rest of your life if you don't -- the past due child support will eventually be deducted from your social security check when you retire. So don't be "afraid" of court -- you need to fix this. It's impacting all aspects of your life -- especially your credit rating and passport issues. It does not matter if your son "knows" - a judge needs to fix this. Look on this website and fine a...

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  6. In a standard possession order does a 10 year old child typically have the right to choose not to go for weekend visitation?

    Answered 3 months ago.

    1. Fran Brochstein
    2. George White
    3. Douglas Joe Brooks
    4. Michael Glynn Busby Jr.
    5. Maria Sara Lowry
    5 lawyer answers

    I have not reviewed your legal document so I cannot fully answer. If you don't understand your legal document, take it back to your attorney to explain or take it to a new lawyer to explain. A child has to visit the non-custodial parent until they turn 18. Being 10, 12, 14, or 16 is irrelevant. They have no choice. If the other parent won't encourage visitation, then the parent can be held in contempt of court for not following what the judge ordered the parent to do. If the situation...

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  7. If I went to mediation today and I had a court date on the 16th in about a week and a half

    Answered 8 months ago.

    1. Fran Brochstein
    2. Maria Sara Lowry
    3. Dorothea Elaine Laster
    4. Bruce Ward Bain
    4 lawyer answers

    I agree with Attorney Lowry. Read the Mediated Settlement Agreement. If it contains language that if you signed that you could not revoke it later, then it is binding on you. There is no time period to change your mind. If you did not sign a MSA, then you have a court date on the 16th and you need to appear. I hope this clarifies your questions.

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  8. When I die can I appoint a guardian for my child if father has joint custody but not involved& dont pay ordered support?

    Answered 10 months ago.

    1. Fran Brochstein
    2. Maria Sara Lowry
    3. Dorothea Elaine Laster
    4. Mark Allen Land
    4 lawyer answers

    It's rarely done but the mother can petition the court to add another conservator to the current court order with some rights. Then if she dies that person has legal standing to ask the court to appoint them the primary conservator. Dad would need to be served. I did several cases like this when I worked at Houston Volunteer Lawyers and I had one parent dying and the other parent was "absent" (drugs, alcohol, etc.), The judges did it in all my cases -- over 20 years ago -- different...

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  9. My final divorce decree don't make sense please help.

    Answered 10 months ago.

    1. Fran Brochstein
    2. Dorothea Elaine Laster
    3. Adam Kielich
    3 lawyer answers

    Even with joint custody, normally one parent makes the final decision regarding where the child's residence is located. There has to be a "decision maker" if the two of you don't agree. Even if she makes the final decision you should have the right to know about what is going on and be listed to be contacted in case of an emergency. Take a certified copy of your legal document to the daycare and let me review it. It sounds like your decree has been in place awhile. If not, then do what...

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  10. How do I file a motion to reopen a case? and file a complaint against the court clerk?

    Answered almost 2 years ago.

    1. Fran Brochstein
    2. Michael Glynn Busby Jr.
    3. Mark Allen Land
    3 lawyer answers

    Do you have a file stamped copy of the general denial answer you filed. if so you are safe. Just file the copy with the court. The court's recognize the imaging system is faulty. It's your responsibility to have a copy of the file stamped copy in your possession. The custodial parent can only go back to the last court order to ask for child support. The issue regarding while you had custody is irrelevant. You had the opportunity to ask for child support and you did not ask. It's a...

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