My wife bought her house in 2009, and we got married in July 2011. Since then she uses the community fund to pay for the house mortgage. Secondly am I entitled to her 401k and stocks for the duration of the marriage? Many thanks.
Most things acquired during marriage are presumed to be community property (exceptions would be inheritance & gifts). If a spouse owns a home before marriage, it is her separate property. If community funds were poured into it (mortgage payments, repairs, revocations, etc), that would give rise to a claim for reimbursement. If community funds were paid into a 401k or investment account, that would likewise be subject to a reimbursement claim. If individual stocks were bought during the marriage, that would likely be community property.
You need a family law attorney to handle develop and substantiate your claim for reimbursement. Look for lawyers with a high Avvo Rating™, and/or a high Martindale Hubbell Legal Directory Peer Review Rating™ (at http://lawyers.com).See question
My aunt is probably going into hospice soon. There's nothing else left they can do. The cancer has spread to her lungs. So my aunts sister(who has been caring for her) says that my aunt has specifically requested that the remaining money on an acc...
Hopefully when she had mental capacity, she made a will directing her executor to make this gift upon her death. If not, and if she now lacks mental capacity to make a will, she also lacks mental capacity to change account beneficiaries. So if the account is solely in her name, and if she has no valid power of attorney the bak will recognize, then the bank should not allow anyone else to withdraw the funds. It sounds like a guardianship will be needed, but a guardian cannot make gifts without court permission.See question
My grandmother had legal guardianship of my nephew but she has passed away. In her will she appointed me to take over her guardianship. Once I get the will probated what steps do I need to take to obtain guardianship? My sister is still alive, is ...
You need a lawyer to file an application for successor guardian. The sister can apply too.See question
I signed for five years faild a few drug test my charges had nothing to do with drugs havnt been in any real trouble before and they are offering me 4 years no other offer
It's called a Motion to Adjudicate. I concur with Mr. Julian's excellent answer. I would add that you could be sentenced to the maximum penalty for the charged offense (deferred imposes no ceiling on punishment when the defendant blows it).See question
My spouse died. We had a house in Montgomery county and a house in Harris county. Where do I need to file the will for probate? Do I have to go through probate with the court in each county?
One probate proceeding will suffice for both Texas properties. Venue for probate of a Texas will is where the decedent was domiciled when he passed away, or where his principal estate was located.See question
My car was hit by an Enterprise rental car recently. But now enterprise rejected my claim because that driver is unauthorized on the rental agreement. Now whose insurance should i be filing the claim? the driver's insurance or renter's insurance?
You can make a claim against the driver for negligence. If the person who signed the rental contract entrusted the vehicle to a driver who was unlicensed, incompetent/intoxicated, or reckless, then the renter may be responsible for negligent entrustment too. As for coverage, it's hard to get to the bottom it without actually forcing the issue by filing a lawsuit and hoping they defendant(s) turn the lawsuit in to all potential insurers for defense and indemnity. The driver may or may not have his own personal auto liability policy. The renter could have a personal auto liability policy (which may or may not extend coverage); if so, that policy could cover the renter and the driver too.See question
license is suspended, I have a few warrants, I need SR22 insurance, and about 12 surcharges. How much would i pay a lawyer to help me?
You need to take care of the warrants regardless of whether you seek to get s new license. See a criminal defense lawyer that handles traffic tickets and ALR DPS matters.
Price will vary widely. Maybe as little as $1,000 + fines, fees and costs. $5,000+ isn't out of the ballpark.See question
I am currently in my native country for child care from 8 months. We own a house after marriage in Texas, USA under named community , where the title of the owner is me and my husband. The payments for housing loan goes from my husband's bank acco...
I agree with Mr. Jacobson. The title company should require signatures by husband and wife. if your husband has your power of attorney to sell real estate, then he may be able to close a sale.See question
My brother is trying to sell land to a realtor, without me not being present.
Co-executors are often faced with differences of opinion. A house divided cannot stand. A title company will likely require signatures of both co-executors.See question
We have liability for our daughters car on our insurance policy in order to save her money because we have auto, home and life insurance so its cheaper for her to be on our policy. But she is letting a person with a long prison record drive her ca...
In Texas, liability insurance follows the car. Unless the driver is excluded, the liability policy on the car should defend and indemnify the driver and the owner. This is the general rule. Personal auto policy language varies, as do the facts applicable to a coverage determination.
The owner should beware - allowing an unlicensed, reckless, or intoxicated driver to drive a vehicle gives rise to a claim for " negligent entrustment." Consider transferring title to the vehicle to her.See question