Kenneth Albert Richey Jr.’s Answers

Kenneth Albert Richey Jr.

Austin Family Law Attorney.

Contributor Level 6
  1. In the US (and Austin, TX specifically) if both parents are no longer alive what is the fate of minors if no instructions exist?

    Answered almost 2 years ago.

    1. Kenneth Albert Richey Jr.
    2. William Tyler Moore Jr
    2 lawyer answers

    You should update your will to include the designation of guardians for your children. If you do not want to update your wills, you and your wife can sign a Declaration of Appointment of Guardian for your children in the event of your death or incapacity. This form will at least allow you to express your wishes as to who you want to care for your children if something happens to you. You should consult with an attorney to make sure you have everything prepared correctly.

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  2. Appeal on Divorce for Child support

    Answered 22 days ago.

    1. Kenneth Albert Richey Jr.
    2. Maria Sara Lowry
    3. Timothy A. Provis
    3 lawyer answers

    If this is only a request for findings of fact for a child support order then you need to look at section 154.130 of the Texas Family Code. There are strict deadlines that must be followed in cases that are appealed or may be appealed. It is really in your best interest to hire an attorney to assist you on this because you will be expected to know and follow all of the deadlines and requirements even if you do not have an attorney.

    3 lawyers agreed with this answer

  3. What would we need to do to find out how much oil and money has been made on my husbands family land?

    Answered over 1 year ago.

    1. Richard Kurt Arbuckle
    2. Kenneth Albert Richey Jr.
    3. Steven Drew Baker
    4. Kevin Matthew Koel
    5. Timothy Edward Kalamaros
    6. ···
    6 lawyer answers

    As has been stated previously, as a beneficiary your husband should be able to demand an accounting from his step-mother. Assuming this is in Texas, your husband can demand the accounting himself in writing pursuant to the Texas Property Code or he can bring the trust document to an attorney for review and the attorney can help him with the demand.

    3 lawyers agreed with this answer

  4. My daughter passed away last December (12/21/11). She was not married. I (and I think my son) are the only heirs.

    Answered almost 2 years ago.

    1. Orsen E. Paxton III
    2. Kenneth Albert Richey Jr.
    3. Matthew Erik Johnson
    4. James P. Frederick
    4 lawyer answers

    I would check to see if your daughter designated any beneficiaries on her investments or her bank accounts. If she did designate someone, these assets can pass outside of the probate process. If she did not designate beneficiaries, check with the company or bank where the accounts are located and see what they require to distribute the funds. Some companies will accept an affidavit from disinterested witnesses and not require you to go through the probate court.

    3 lawyers agreed with this answer

  5. How to get sole legal and physical custody of my son.?

    Answered almost 2 years ago.

    1. Kenneth Albert Richey Jr.
    2. William Tyler Moore Jr
    2 lawyer answers

    I would need some more information before I can properly answer this question. For example, how old is your son? Were you taking care of him the entire time his mother was in India? The judge is going to make his decision based on the best interest of the child. Certainly, your son's mother leaving for 10 months will work in your favor, especially if you were caring for him the entire time. You need to hire an attorney to represent you in this matter, especially if your son's mom has...

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  6. Can I get arrested for not paying a collection agency who won't provide an original document for the bill?

    Answered over 1 year ago.

    1. Kenneth Albert Richey Jr.
    2. Michael Glynn Busby Jr.
    3. Nathan Steven Graham
    4. Evan Mclean Simpson
    4 lawyer answers

    You should send them a letter via certified mail disputing the debt and requesting verification of the debt, including a copy of the contract. You should also ask them to identify the original creditor. If they cannot or will not verify the debt and they continue to call you, you should consult with an attorney concerning claims you may have against them for violations of the Fair Debt Collections Practices Act.

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  7. My sister, the independent administrator of our late Aunts estate, will not communicate with me nor make any disbursements.

    Answered about 1 month ago.

    1. Maria Sara Lowry
    2. Kenneth Albert Richey Jr.
    3. Dana Whitney Atchley
    4. Mark Allen Land
    4 lawyer answers

    I agree that you should hire an attorney to protect your interests. Your sister may be more willing to speed things up and at a minimum give you an accounting if you have an attorney making the request for you.

    2 lawyers agreed with this answer

  8. Overdue medical expenses not paid, divorce in TX

    Answered about 1 year ago.

    1. Mark Allen Land
    2. Kenneth Albert Richey Jr.
    3. Don Karotkin
    4. Reid A Seino
    5. Christopher Scott Mcham
    6. ···
    6 lawyer answers

    If he is ordered to pay for college expenses in the decree, you should be able to file a motion to enforce and have him ordered to make the payments.

    2 lawyers agreed with this answer

  9. I am being sued for property taxes on land I sold and was paid in full for? There is no deed on file

    Answered over 1 year ago.

    1. Dara J. Goldsmith
    2. Kenneth Albert Richey Jr.
    3. Evan A Nielsen
    4. John P Corrigan
    4 lawyer answers

    If a lawsuit has been filed against you you need to make sure you timely file an answer to prevent a default judgment. You should try to show the Plaintiff that the property was sold and give them the information on the buyer so they can pursue them for the taxes but make sure you file an answer if you have not been able to get the Plaintiff to dismiss the lawsuit before the answer deadline.

    2 lawyers agreed with this answer

  10. I want to file an appeal on the case I lost with the criminal judge - I won

    Answered 22 days ago.

    1. Kenneth Albert Richey Jr.
    2. Gregory Don Sherwood
    3. Peyton Zimmerman Peebles III
    4. Dorothea Elaine Laster
    4 lawyer answers

    There are strict deadlines, requirements and procedures that must be followed when filing an appeal. You will be expected to know and follow them if you represent yourself. Missing a deadline could mean you lose your appeal without even having the appellate court hear your case. If at all possible you need to consult with an attorney.

    1 lawyer agreed with this answer