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Robert Constantine Fafatas

Robert Fafatas’s Answers

28 total

  • We paid a contractor 2/3 payment and are withholding the last 1/3 bc the work was shoddy. he admitted so. Can he file a lein?

    He was angry with us when he came to inspect the work himself, admitting that the work was not right, but that we are "too hard to please" and it will "never be good enough", then he tried to bill us for even more work (which we did not agree to) ...

    Robert’s Answer

    There are several factors that determine whether the contractor can file and enforce a lien with respect to work performed on a homestead. There are several procedural requirements that must be followed strictly. You should consult with an attorney to determine whether the contract contains the required notices and whether the other statutory requirements have been satisfied.

    Separate from the contractor filing and enforcing a lien are your options with respect to the allegedly substandard work. Depending on the facts, you have different options. Again, you should consult with an attorney so that your specific situation can be analyzed and specific guidance can be given to you.

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  • Business partner ship on bucking bulls

    i am in partners with another person on seven bucking bull the other individual wants to split up the partner ship 50 50 and take what he fills is his bulls. the problem is i have paid for about 80% of the feed over the last 2 years and that has...

    Robert’s Answer

    Do you and the other person have a written partnership agreement? If so, that will determine the rights and obligations for each of you. If there is no written agreement, Texas law provides how partnerships are formed, dissolved and the rights and obligations of the partners, if any.

    You should contact an attorney to discuss the specifics in order to determine your rights and what can be done to protect them.

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  • Probate attorney!

    I just found out that my grandmothers Will has never had the probate finalized. We hired the lawyer and paid for the service in advance the end of June 2006! I need someone that can figure out what this whack-o has and hasn't done so I can sell ...

    Robert’s Answer

    I would first contact the attorney you retained and paid and ask for a status on the matter and copies of the file. The attorney should provide you with the information you want.

    There are many variables that impact what needs to be done such as whether the will was admitted to probate, whether an executor was appointed, whether the probate action is still open and others.

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  • Release of liability

    I Will Be Renting Canoes And Kayaks At My Business On A Lake Do I Need Liability Insurance Or Can I Just Get The Renter To Sign A Waver in Montgomery, TX

    Robert’s Answer

    You should always purchase liability insurance for your business. Waivers are problematic and only affect your relationship with the customer that signs it. In other words, even if you have a solid waiver, certain things cannot be waived and an injury or other occurrence involving a person or property not subject to the waiver leaves you exposed.

    Additionally, lawsuits are very expensive, even if you have a solid defense. One of the primary benefits of liability coverage is the defense coverage, which pays for an attorney to defend your business in the event it is sued, even when the claims are frivolous.

    There are other reasons why liability coverage should be purchased as well.

    You should speak with an insurance professional about your business structure, operation and activities, and obtain options that will cover you adequately.

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  • I would like to know about my fathers will and the probating of it

    Stepmother has never wanted us around. We are all grown with children of our own. My father recieved a big settlement before he died and he told us we would be taken care of when he passed. Stepmother wants us to know nothing and wants nothing t...

    Robert’s Answer

    If your father had a will and it has been filed as part of a probate action, you can obtain a copy of it. Alternatively, if you believe he had a will but it has not been filed, or it is being claimed he did not have one, you have certain options you can pursue.

    If he had a valid will and that is being probated, the will determines the disposition of his probate property. If he died without a will, then Texas law determines the disposition of his probate assets.

    You should contact any attorney to discuss the specific facts and procedural posture of your father's estate in order to determine your options and rights.

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  • What kind of lawyer do i need if my landlord takes me to court because i broke the lease?

    what kind of lawyer works with people who have broken lease and landlord is sueing them?

    Robert’s Answer

    A civil litigation attorney can help you. If you have already been sued and served with papers, you should contact one immediately as there are deadlines by which you must file an answer.

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  • My husband died and I need to put our house in my name. How do I do this?

    my husband died and I need to put our house in my name. We own it. What do I need to do?

    Robert’s Answer

    There are different options available, depending on whether he left a will and whether his estate needs an administration, for example. It is Impossible to say what can be done in your situation without knowing the specifics.

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

    I'm leasing my house for 7 months now, my tenant wrote me 2 bad checks, when I went to the court to evict him, he hired a lawer to sue me for injuring himself inside my property, what is your advice for me to do? He ows me around $4000

    Robert’s 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 injuries sustained and other factors, to determine your potential exposure. Although virtually anyone can file a lawsuit or counterclaim, the specific facts of each case determine the legal liability and likelihood of success. There are many variables that determine whether you may be liable to a tenant for injuries sustained on your property and the amount of any damages.

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

    Father passed with no will. He owns some land, has a home and land with a balance owed. Owns a truck and has cash in the bank. In addition, he has property in the home worth some money. We do not believe he filed taxes for the past several yea...

    Robert’s Answer

    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 estate and what debts or claims may exist against the estate and the attorney can advise you as to the proper way to notify potential creditors and the deadline they would have to present a claim.

    There are several issues contained within your question, and the safest route is to consult with a probate attorney here in the Houston area as soon as possible to discuss the different ways your father's estate can be wound up, and the potential liability for debts or other claims against the estate, including taxes.

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  • I hired a concrete company to pour a patio for me. I couldn't get them to come back and finish the job so I filed a small claim

    I filed a small claim on a company that took $4500.00 from me and never finished pouring my patio. I mailed the company a certified letter and address it to the person that did the job instead of the company name. The judge is now saying that I ...

    Robert’s Answer

    There are two main issues in your question:

    The first is whether you properly served the correct defendant. In short, a court only has jurisdiction over people or companies who are served in strict compliance with the law. So, you have to serve the correct person or entity (in your example it is possible the individual and the company are proper defendants, or perhaps just the company). Additionally, the person or entity served must be served in the correct manner.

    Your second issue is, assuming the correct defendant was properly served, what will happen if he/it does not respond to you: In that case, the allegations contained within your petition are found to be true and the defendant is found to be liable by default. Then you will need to prove up the actual damages you claim you incurred as a result.

    Once you obtain a judgment including your monetary damages, you can seek to enforce the judgment against the defendant in a variety of ways, provided he has assets or insurance.

    There are certain deadlines, or statutes of limitations, which determine how long after the fact you can file suit. Depending on your circumstances, you may have time to start the process over.

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