Questions answered by James Brian Thomas

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Do the children of decease have right to the home?

James's answer | Answered on July 29, 2011

As the previous attorneys have pointed out, there are several ways that a home might be owned. The Deed granting ownership to the deceased and his...

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My mother passed & willed her home to me & my sister. Mybrother won't move out the house or pay rent, no probate what do I do?

James's answer | Answered on July 26, 2011

The answer to your problem begins and ends with getting your mother's Will admitted to probate. If your income prevents you from hiring an...

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Do my brothers and I have the right to contest my fathers will?

James's answer | Answered on July 18, 2011

I'm very sorry for your situation. Assuming that your father lives in Texas, whether or not he ever divorced his wife is a critical issue, and it...

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I have 4 older brothers and 1 older sister, We lost our mother in 2009 and shortly after she passed my sister became POA

James's answer | Answered on July 18, 2011

As my previous colleagues have pointed out, your question really only makes sense if your sister is the Agent under a Power of Attorney granted by...

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Does a durable power of attorney have to be rigerstered with texas before selling a home

James's answer | Answered on June 27, 2011

Yes, the POA needs to be recorded in the county that the property sits in. I haven't encountered a title company yet that will permit an agent...

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Is it legal to buy things from an heir before the will is probabted?

James's answer | Answered on June 26, 2011

It's pretty risky, since you may have purchased something from someone that may not have had the right to sell it. As it is, the bulk of the issue...

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I WAS PAYING 580 A MONTH TO CALIFORNIA FROM TEXAS,THEN TEXAS TOOK OVER.DAUGHTER TURN 18,MY PAYMENT DROPPED TO 110 A MONTH,NOW

James's answer | Answered on June 25, 2011

If you want any sort of a helpful response from a Texas attorney that practices in what I presume is child support, you've got to provide more...

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Here in Texas if the Judge says you have to pay the opposing attorney fees, what happens if you don't?

James's answer | Answered on June 25, 2011

Without knowing anything about the kind of case that you lost, you have an Order or Judgment from a Court that directs you to do something. The...

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How can i get my step-fathers girlfriend out of my parents home now that they are both decesased?

James's answer | Answered on June 25, 2011

You've waited a very long time to address this issue, and time is certainly not on your side. Whether or not your mother had a Will is a huge...

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My father passed away a year ago and was married. He had no will. He had been remarried for 3 years. My sister and I are his

James's answer | Answered on June 25, 2011

I realize that you didn't come here only to be told to go hire a lawyer, but that's exactly what you need to consider doing, and you need to do it...

James Brian Thomas's Answers (585)

Do the children of decease have right to the home?

My mother passed & willed her home to me & my sister. Mybrother won't move out the house or pay rent, no probate what do I do?

Do my brothers and I have the right to contest my fathers will?

I have 4 older brothers and 1 older sister, We lost our mother in 2009 and shortly after she passed my sister became POA

Does a durable power of attorney have to be rigerstered with texas before selling a home

Is it legal to buy things from an heir before the will is probabted?

I WAS PAYING 580 A MONTH TO CALIFORNIA FROM TEXAS,THEN TEXAS TOOK OVER.DAUGHTER TURN 18,MY PAYMENT DROPPED TO 110 A MONTH,NOW

Here in Texas if the Judge says you have to pay the opposing attorney fees, what happens if you don't?

How can i get my step-fathers girlfriend out of my parents home now that they are both decesased?

My father passed away a year ago and was married. He had no will. He had been remarried for 3 years. My sister and I are his