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Fran Brochstein

Fran Brochstein’s Answers

3,053 total

  • My daughter has filed for divorce, what form do we need to place an add in the newspaper?

    Her husband left over 5 yrs. ago, have tried family and facebook to reach him. Can she file under abandonment to have his rights taken away while getting divorced?

    Fran’s Answer

    You desperately need a lawyer. Odds are with minor children that the court will appoint an attorney to try to locate him. And, she gets to pay for it! You need to get the following together: His legal name, date of birth, location of birth, social security number, TX driver's license number, all his relatives and friends contact info., any phone numbers he's used in the past 2-5 years, where he went to school, if he has any sort of professional license - any info on that, then the attorney will perform a search for him. You can also write social security and ask them to forward one letter on-to him. If his parents or siblings are alive, then odds are they know where he is. It's so much easier if you can find him and serve him. Good luck!

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  • Living Wills. Can my spouse and I put together a living will on our own?

    My spouse and I have been married for 6 years, together for 10 yrs. We reside in Texas. I own property, two houses, two cars and two bank accounts- none are in my spouses name, only mine. She does not have outside employment and using my credit a...

    Fran’s Answer

    A living will is not what you think. I'd hire an attorney. Be careful using internet forms. If not done properly you will make probate more expensive. And since everything in Texas is community property if purchased during the marriage your wife needs a will too. Otherwise you will have a real mess on your hands if she dies first.

    Free info on

    Don't use websites not based in Texas that are advertised on the radio and TV!

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  • Are there any pro bono family law programs in Houston, TX?

    I'm a new resident in Texas with a child support case in California and I'm looking for a pro bono family law attorney in Houston. Are there any attorneys or programs available that may take pro bono cases?

    Fran’s Answer

    There are many pro bono groups in Houston for Harris County Residents. I have listed them several times on my blog. ( But no pro bono attorney will do a CA case. You need a CA attorney.

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  • How do I respond to an order to show cause if no blank pages to respond were included in the paperwork that I was served?

    I have served my ex-wife OSC papers before, and those forms included blank pages for her to respond to my complaint. She has now served me with an Order to Show Cause and Affidavit for Contempt against me for not paying child support. I informed h...

    Fran’s Answer

    You can find a free document called "answer" on

    If she filed contemp and asked for jail time then if you are indigent you can ask the judge to hold an indigent hearing appoint a free attorney if judge determines you have no miney. No jail -- no free attorney.

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  • Is there anything we can do if a parent is refusing to give prescribed medication during their time with the child?

    My boyfriend and his ex have been divorced for going on four years now, they have a five year old together and they are joint managing conservators. In the divorce decree it states that they each have the independent right to have the child seen b...

    Fran’s Answer

    If the child is being harmed because the parent is not doing the right thing then the current visitation and rights & duties can be modified.

    The burden is on the non-custodial parent to prove why things should be changed. This is not easy to do. However, if the doctor states that the child was harmed or endangered the current documents can be modified.

    You need a tough, smart experienced family law attorney to help you.

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  • How do I find a lawyer that handles the unsealing of old adoption records?

    My name is Angela, and I am trying to have my mother's adoption records unsealed by the court. She and her parents and sister are all deceased. My father is living and is willing to help me do this but I have yet to find a lawyer that still handle...

    Fran’s Answer

    One idea is to look on my blog and read my post for adult adoptees. - you can get a copy of the original birth certificate through the State of Texas for very little money. There is also an adult adoptee group that meets monthly in Houston. They meet in SW Houston on a Saturday morning. Good luck!

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  • Copy of power of attrny

    pt brought in a copy of poa, is that considered a legal document

    Fran’s Answer

    If the Power of Attorney includes wording that a copy of valid then it's valid.

    Without looking at the POA it's impossible to answer.

    Be aware that a POA if revokable at any time and that there are different types of POAs - such as financial and medical - they are totally different documents that do totally different things.

    You might want to have an attorney review it if you have any questions about the document.

    Doctors have to be extra-careful these days.

    I assume the person is competent. If the person is not medically competent to sign legal documents then I would be careful relying on it.

    Hope this helps!

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  • If already hired a lawyer but I feel he is not helping me but just taking my money! i need advice!

    I'm going through a divorce and my ex owes me like 10000.00! It's costing me so my signed paper with lawyer 2500.00 I've already paid him more than half and nothing has been done. Been to court just ince in person and the other was him serving him...

    Fran’s Answer

    Talk to the attorney.

    Quite frankly you have not paid the full retainer so I'm surprised the attorney has done any work on your case.

    You paid $1250. If the hourly rate is $300 that approx 4 hours of time. And many lawyers contracts state that every court appearance is billed at a minimum of 3 hours. If your contract includes these provisions then your money is spent. Usually you are billed for every phone call, text and/or email. Many people don't realize how their money is spent so ask for a statement.

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  • Mrried 2 years

    Which counties are faster for divorce, small courts or bigger city family courts in TX

    Fran’s Answer

    Harris county is faster that Fort Bend if you need to wait for a trial date to be set by the court's computer. Every court varies.

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  • Can I get a refund from my attorney When canceling my divorce process?

    I canceled my divorce process and my attorney had not filed it with the court yet. I had filled out the information over the phone with her but never met with her. I agreed to pay her for the time but she hasn't refunded me anything?

    Fran’s Answer

    As for a final bill. It should include all of her hours and expenses. You might not be entitled to a refund. I assume the filing fee was already paid (around $300) and then she will charge for the time she spent talking to you on the phone, emails, and preparing legal documents. It's impossible to address without more information. Good luck!

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