Robert Constantine Fafatas’s Answers

Robert Constantine Fafatas

Litigation Lawyer.

Contributor Level 9
  1. What to do if the executor of my mothers will is not truthful?

    Answered over 2 years ago.

    1. Robert Constantine Fafatas
    2. James Brian Thomas
    3. Brian W. Erikson
    3 lawyer answers

    You can request an accounting from the executor, including financial statements and other documents evidencing the assets and claims against the estate (which he should be ready to provide), to evaluate the value and whether the assets have been (or will be) properly distributed. If there is a current court action and the uncle is already acting as executor, you can certainly conduct any discovery with respect to the estate if you feel there is any mismanagement. Obviously, the facts and...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. How do I get a divorce when my wife abandon the marriage in June of 2011, and moved to another state

    Answered over 1 year ago.

    1. Robert Constantine Fafatas
    2. William Tyler Moore Jr
    2 lawyer answers

    You are able to file for divorce in Montgomery County even though she left, assuming the other jurisdictional qualifications are met. The law doesn't punish you if she leaves by making you go somewhere else to file.

    1 lawyer agreed with this answer

  3. Do I really need to show

    Answered over 4 years ago.

    1. Robert Constantine Fafatas
    1 lawyer answer

    The company bringing the suit will win by default, meaning everything it alleges in its petition will be deemed true, if the defendant failed to file an answer denying the allegations and fails to appear. The company bringing the suit will get a judgment for the amount they claim is owed, and can then seek to enforce the judgment through various ways to recover the money. Further, a judgment can be filed as a lien against property the defendant owns or will own in the future. With credit...

    2 people marked this answer as helpful

  4. Can a tenant sue the landlord if he fell and hurt himself inside the house?

    Answered about 4 years ago.

    1. Robert Constantine Fafatas
    1 lawyer answer

    If you have homeowner's insurance with liability coverage, you should be able to have an attorney retained by your insurance company defend you against the allegations in the suit. You can check with your agent or contact the insurer directly. There are timelines in your policy that require you to notify them, so check on that first. In the event you do not have coverage that would cover your defense, you should consider speaking with an attorney about the claims made against you, the...

    1 person marked this answer as helpful

  5. Father died with no will. May not have filed self-employment taxes for several years. How do we find out what he owes?

    Answered about 4 years ago.

    1. Robert Constantine Fafatas
    2. Steven J. Fromm
    2 lawyer answers

    You do need to speak with an attorney and provide the details relating to your father's property and the attorney can advise you as to his heirs at law pursuant to Texas law. You can then determine whether an administration is necessary or perhaps another, less-restrictive method can be used. For example, the outcome and procedures could be different depending on whether he was married when he died and the type of property he owned. You and the attorney will need to determine what is in his...

    1 person marked this answer as helpful

  6. Can the apt make me pay another month rent if my lease ended & I only gave 45 days & not 60 because I purchased a house?

    Answered over 4 years ago.

    1. Robert Constantine Fafatas
    1 lawyer answer

    I can't tell from your question whether you were still under your signed lease at the time or were renting on a month to month basis. Your lease will govern whether you are obligated to pay the extra month. In addition, the Texas Property Code has provisions regarding month to month leases. The collection agency and their activities are a separate issue in that there are rules regulating their activities, even when the debt is legitimate and owed. As a practical matter, it may be...

    1 person marked this answer as helpful

  7. Child support question

    Answered over 4 years ago.

    1. Robert Constantine Fafatas
    2. Christopher Michael Schmiedeke
    2 lawyer answers

    Typically, child support orders provide that the obligations continue until the child turns 18 or graduates from high school, whichever is later. The specific language of the divorce decree/child support order will control the child support obligations so you should consider having an attorney review it in order to give you a definitive answer.

    1 person marked this answer as helpful

  8. How can i obtain legal guardianship over my incapitated mother? She is now disable i mean and I need legal guardianship over her

    Answered almost 4 years ago.

    1. Robert Constantine Fafatas
    2. David Michael Coffey
    3. Janet Lee Brewer
    4. Charles Edward Mcwilliams Jr.
    4 lawyer answers

    Depending on your mother's mental and physical condition, a guardianship application may be filed wherein you request that a guardianship be created with you as the guardian of your mom. There are certain requirements that must be satisfied in order to apply and be approved for guardianship. If your mother is legally incapacitated, a guardianship may be the only or best option. I practice probate and elder law in the Houston area and am happy to speak with you about this if you wish.

  9. My dad died wothout a will, small estate left behind. How do we claim it?

    Answered almost 4 years ago.

    1. Teri A. Walter
    2. Robert Constantine Fafatas
    2 lawyer answers

    You can check the property records in Montgomery County to see whether there are any judgment liens. As far as the debts of your father, it depends on the type of debt, how old they are and some other factors. I'm happy to talk to you about this - I'm in The Woodlands.

  10. Landlord not only not returning deposit but demanding more money over 30 days after moving

    Answered about 4 years ago.

    1. Robert Constantine Fafatas
    1 lawyer answer

    These are very fact specific cases as "normal wear and tear" is going to depend on exactly what she is claiming needs repair, and the specific cause of the condition. A landlord cannot claim normal wear and tear as "damage" but a tenant cannot claim damage as normal wear and tear. Under the Texas Property Code she may be presumed to be in bad faith, but she can rebut that presumption with evidence that she did not act in bad faith. Again, the specific facts of your case are important in...