Linda Lee Kaplan's Answers

Linda Lee Kaplan
Austin Family Law Attorney.
Contributor Level 8

3

Attorney answers:

  1. Linda Lee Kaplan
  2. Maria Alicia Lackey
  3. Eliz C A Johnson

What interest of the House does my granddaughter have if the house is not paid for?

Asked by a user in Kilgore, TX - about 1 year ago.

If the divorce was never finalized, and assuming the house was community property (purchased during the course of the marriage), then the house will pass under Texas' intestacy statutes. I'm assuming her mother's husband was her father, so whether your granddaughter has any interest in the house depends on whether her mother had other children from outside the marriage. If this was the only child (or if there are other children, but all children of the marriage), then 100% of the interest in...

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4

Attorney answers:

  1. Linda Lee Kaplan
  2. James Brian Thomas
  3. Nicholas Abaza
  4. Thad Austin Davis

My brother and I are listed as co-executors with the will clearly stating an equal split. My fathers accounts are listed as my

Asked by a user in Katy, TX - about 1 year ago.

Unfortunately, the accounts you're referring to are non-probate assets, and are therefore not governed by the will. Because your brother is listed as a joint tenant with rights of survivorship, the funds in those accounts which list him as such mean that he became the sole owner upon your father's death by operation of law. Not knowing all of the details surrounding your brother's designation as JTWROS, you might have grounds if you can prove up some sort of fraud or coercion, however these...

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1

Attorney answers:

  1. Linda Lee Kaplan

Expunction or Non-disclosure in Texas? Which route is best for me? Thanks for any input

Asked by a user in Spring Branch, TX - about 1 year ago.

Expunction is only available in Texas in cases where a person is arrested and not charged, or charged but not convicted. Because you have a deferred adjudication, your only option is non-disclosure. With a Class C misdemeanor, the waiting period is two years, so you can apply for order of nondisclosure after July 28th of this year. As always, this answer is for general purposes and does not constitute legal advice, nor does it create an attorney-client relationship. I would recommend you...

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2

Attorney answers:

  1. Dawn Anne Renken
  2. Linda Lee Kaplan

Child reaching emancipation

Asked by a user in Katy, TX - over 1 year ago.

No, you do not have to give him notice. The purpose of timely notice is so he can object if there is some legitimate (in his mind) reason to do so, but since your daughter will be 18 on the date of travel, his objections are neither here nor there. She can do what she wants. As always, this answer is for general purposes and does not constitute legal advice, nor does it create an attorney-client relationship. Please consult with an attorney in your area for a personal consultation. I hope...

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2

Attorney answers:

  1. Linda Lee Kaplan
  2. Thomas James Daley

My daughters father is a convicted felon for posession of a controlled sub. and firearm will he be allowed visitation?

Asked by a user in Pearland, TX - about 1 year ago.

In Texas, joint conservatorship is presumed to be in the best interest of the child unless you can prove otherwise. However, in situations such as these, the court will likely order supervised visitation and put restrictions on the contact he has with your daughter. However, it's not as simple as you standing before the judge stating a laundry list of his offenses. You're going to need an attorney to represent you in this matter, otherwise you run the risk of not being able to prove up your...

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3

Attorney answers:

  1. Thomas James Daley
  2. Linda Lee Kaplan
  3. Michael Ian Rott

I just lost custody in a move away case to a woman that has warrants in OR, CA & TX for prescription fraud. She's on probation

Asked by a user in Austin, TX - about 1 year ago.

Because these were temporary orders, nothing is set in stone. I can't say this more urgently: GET A LAWYER. Any time custody is at issue, you need a good attorney. An attorney knows how to collect evidence, how to use evidence, and how to bring sufficient information before the court to prove up that it's in the child's best interest that he be in your custody. Because they're temporary orders, the final determination of custody has yet to be made. However, courts, more often than not,...

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2

Attorney answers:

  1. Linda Lee Kaplan
  2. Cynthia Russell Henley

If my case was dismissed and I was not charged, how can i get my record expunged?

Asked by a user in Dallas, TX - about 1 year ago.

Given that you are were arrested and the case subsequently dismissed, you are entitled to have your record expunged so long as you were not convicted of any felony within five years of the date of arrest. If that's the case and thirty days have passed since the charge was dismissed, a petition for expunction will need to be filed in the district court presiding over the case (or if it was not a district court, then in a district court in the county in which your case was filed). It would be...

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2

Attorney answers:

  1. Thomas James Daley
  2. Linda Lee Kaplan

Can my girlfriend keep me from seeing my daughter?

Asked by a user in San Antonio, TX - over 1 year ago.

I can only answer generally, as there are a lot of details that would affect the answer to this question. If you are the father named on the birth certificate, then you have rights equal to the mother. If you are not named on the birth certificate, then you have no rights to the child. In either event, you're going to have to go to court to either enforce your rights to visitation or custody OR to gain those rights in the first place. You need to retain an attorney to represent you in a...

1 person marked this answer as helpful

2

Attorney answers:

  1. Linda Lee Kaplan
  2. Cynthia Russell Henley

Can you go to jail if you owe back payments on a car

Asked by a user in Graham, TX - 10 months ago.

Absolutely not. As a matter of fact, it's a violation of the Fair Debt Collection Practices Act for them to threaten to have you arrested. Unfortunately, it's a common ploy used by debt collectors. Worst case scenario: the vehicle will be repossessed, sold at auction, and you will be held responsible for the outstanding balance after the sale. It will adversely affect your credit history, and there is a potential that they will get a judgment against you for the amount owed. That's...

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Attorney answers:

  1. Linda Lee Kaplan

My sister in law is wanting to give my husband and i temporary guardianship of her 11 yr. old, is this possible?

Asked by a user in Midland, TX - 10 months ago.

Guardianship is possible, but based upon the facts presented it would be much, much easier and cheaper to execute a guardianship power of attorney. The powers you can exercise under the GPOA are pretty limited: enrollment in school, seeking medical treatment, etc., but it appears that that is all you're seeking right now while mom gets back on her feet. Please keep in mind that a GPOA will NOT permit you to enroll him in your health insurance plan or apply for any sort of government benefits...