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Robert Constantine Fafatas

Robert Fafatas’s Answers

28 total

  • How do I get a divorce when my wife abandon the marriage in June of 2011, and moved to another state

    I live in the city of Conroe, county of Montgomery, and state of Texas..I have had no contact with my wife since January 2012

    Robert’s Answer

    You are able to file for divorce in Montgomery County even though she left, assuming the other jurisdictional qualifications are met. The law doesn't punish you if she leaves by making you go somewhere else to file.

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  • What to do if the executor of my mothers will is not truthful?

    My mother has stated in her will that my uncle is the executor. Her investments are to be split half to my uncle and the other half to myself. How do I ensure that all her investments are split equally?

    Robert’s Answer

    You can request an accounting from the executor, including financial statements and other documents evidencing the assets and claims against the estate (which he should be ready to provide), to evaluate the value and whether the assets have been (or will be) properly distributed. If there is a current court action and the uncle is already acting as executor, you can certainly conduct any discovery with respect to the estate if you feel there is any mismanagement.

    Obviously, the facts and circumstances of each case would require a specific analysis in order to provide you with your specific options.

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  • How can i obtain legal guardianship over my incapitated mother? She is now disable i mean and I need legal guardianship over her

    How can i obtain legal guardianship over my incapitated mother? She is now disable i mean and I need legal guardianship over her. How can i get it?

    Robert’s Answer

    Depending on your mother's mental and physical condition, a guardianship application may be filed wherein you request that a guardianship be created with you as the guardian of your mom.

    There are certain requirements that must be satisfied in order to apply and be approved for guardianship. If your mother is legally incapacitated, a guardianship may be the only or best option.

    I practice probate and elder law in the Houston area and am happy to speak with you about this if you wish.

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  • My dad died wothout a will, small estate left behind. How do we claim it?

    My Dad died in December 2008 and left behind only a small peice of property worth about $10,000. He was divorced and there is only my brother and I and we are in agreement on what should be done with the property so there is no issue there. I have...

    Robert’s Answer

    You can check the property records in Montgomery County to see whether there are any judgment liens. As far as the debts of your father, it depends on the type of debt, how old they are and some other factors.

    I'm happy to talk to you about this - I'm in The Woodlands.

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  • Landlord not only not returning deposit but demanding more money over 30 days after moving

    We moved out of our house after giving a written 30 day notice & on May 24 provided a forwarding address as well as returning our keys. We waited thirty days & never heard from landlord, after attempting 3 times to contact her she finally said she...

    Robert’s Answer

    These are very fact specific cases as "normal wear and tear" is going to depend on exactly what she is claiming needs repair, and the specific cause of the condition. A landlord cannot claim normal wear and tear as "damage" but a tenant cannot claim damage as normal wear and tear.

    Under the Texas Property Code she may be presumed to be in bad faith, but she can rebut that presumption with evidence that she did not act in bad faith. Again, the specific facts of your case are important in determining whether she has violated the law and, if so, what your damages may be, if any.

    You will need to consult with an attorney so that he/she can inquire as to all of the relevant facts of your situation.

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  • My mother is dying of cancer and is incoherent, how do I get the house she owns that I live in in my name?

    My mother is in the hospital dying of leukemia, she is incoherent. My wife and I have been living in a house that she owns outright for 16 years. The hopsital bills are adding up for what medicaid is not paying. How do I get the house put in my...

    Robert’s Answer

    I will add to the other responses by saying Medicaid estate recovery may be an issue for your mother's estate as well. In some circumstances, Medicaid has the ability to recover monies paid for long-term care from the estate. I would need to know more about her estate, resources and income before being able to state what the effects will be.

    Additionally, depending on whether your mother is married, has a will and/or who the other heirs of her estate are, there may be simplified probate procedures available with respect to the home.

    There are several other issues that may be presented depending on the specific circumstances and I would advise you contact an elder law attorney familiar with Medicaid estate recovery and probate to discuss your situation.

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  • How do I get a lis pendens off my home title

    A neighbor put a lis penden which is homesteaded. How can I get a clear title so I can refinance it or sell it?

    Robert’s Answer

    Depending on the circumstances, you may be able to file a motion to expunge or seek to cancel the lis pendens. The facts and circumstances of your specific situation are important in determining your options. It is also important to know the status and procedural posture of your neighbor's claim. There may be additional remedies available to you.

    Please contact me if you would like to discuss the specifics of your situation.

    Thank you

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  • Who is my guardian?

    Before my mom died she made it clear that she wanted me to be left to her commonlaw husband. She filled out the papers but failed to get them noterized. So who is my guardian, my stepdad or do i belong to the state? If i don't have a guardian will...

    Robert’s Answer

    Please feel free to contact me about this. There are several additional details that are needed before a full answer can be given. For example, whether your father is still living, whether your mom left a will and/or whether there was a probate proceeding opened following her death and what was done, whether you have been legally adopted by your stepfather, etc.

    Please understand though that you are not "property" and do not "belong" to anyone. The question is one of who is responsible for making decisions on your behalf since you are still a minor.

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  • Can my dad do all he is saying he can do to my mom?

    hi im 16 and my parents are divorced i live with my dad but wish to live at my moms. My dad threatens me all the time of the things he will do to me and my mom id i try to live with her agian(i have already tried once before last year didnt turn o...

    Robert’s Answer

    Without knowing specifically what you father is threatening against you and your mom, it is impossible to say whether he can in fact carry it out. Another question becomes whether his threats and other treatment are inappropriate and not in your best interests.

    Depending on how long ago the divorce was granted, how old you were at that time, and the facts and circumstances surrounding the original divorce and custody arrangement, it may be possible to modify it now so that you can live primarily with your mom. You are old enough to express your desires to the judge. Again, the reasons and timing of the original divorce are important.

    You should speak with your mom about contacting her divorce attorney (or another family law attorney if she wants to use a different one) to discuss these issues and get specific answers.

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  • How can I take Legal Guardianship Of My Adult Son?

    He is 19 yrs. old. He has Epilspey Seizure and a Learning Disabilty. He has lived with me all 19 yrs. He cannot make a decision on he own without my assistant. But I want to make sure if I not avaialbe that some one else or himself doesnt make a d...

    Robert’s Answer

    You can apply for a guardianship over your son. I am happy to discuss your case and the fees with you if you would like.

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