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Tony Kirk Duckett

Tony Duckett’s Answers

5 total

  • Common property in texas, buying house by cash

    I want to buy a house by cash I have received as gift from my family. I just want my name will be on the title, my husband accepted that. Which kind of forms he should fill that only my name will be on title? If I just buy the house by cash and wo...

    Tony’s Answer

    I recommend that you go through a title company to close on the house you intend to purchase. Explain to them that you're purchasing a house in your own name using separate funds gifted to you from your family. The title company may simply draft a warranty deed explaining that you're a married woman dealing with separate property. Alternately, they may ask your husband to sign a document acknowledging that he has no interest in the property. As a side issue, I always recommend the use of real estate agents and a home inspection.

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  • How can I get my child's father served to have him go back to court or to have him arrested for non-payment of child support?

    I was awarded a default judgement upon filing on him initially because he didn't show up for court. He never paid. After 5 years, he was located and served, we had a trial and he was put on probation for being behind on his payments, and told th...

    Tony’s Answer

    You can hire a lawyer to file a Motion for Enforcement. Your lawyer will most likely employ the assistance of a private process server who will get him served at home, at work, or wherever he may be found. Once served with notice of the Motion to Enforcement and Notice to Appear, your lawyer and the Court will take care of things from there.

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  • Moving out at age 17 in Texas to another state.

    Im not in any cps case, nor any child abuse (anymore). My mother and I do not get along and is only not giving me consent anymore to move out (she originally gave me consent) because its a form of punishment staying with her to my mother (single p...

    Tony’s Answer

    In order for you to operate as an adult, you may file a Petition for Removal of Disability of Minority in the county where you live. In order to file, you must be living apart from your parents, guardians or managing conservators and you must be self-supporting and managing yoru own financial affairs. If you do not meet these requirements, my advice, though not legal advice, is the same as what I did at 17 and most other 17-year-olds who wanted their independence. Buckle down in school and the best grades possible. Find a good job as close to home as possible to earn money and gain valuable employment skills. Stay out of trouble and don't get a criminal record of any kind.

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  • Divorce is final but back to court because ex is in contempt. How can I protect myself if I can't afford to fire/hire lawyer?

    Divorce was final 5 yrs ago. Ex was awarded a federal loan & isn't paying. I've been thru several lawyers & none were good. I hired the lawyer who finalized my divorce but had nothing but problems with her since. Finally have court date next wk af...

    Tony’s Answer

    I agree with answer provided by other attorney. You hired the attorney who finalized your divorce. She knows your case better than anyone else. While it is ideal for attorney and client to "get along", a cordial relationship is not necessary for a lawyer to provide professional, competent representation.

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  • Ow my step son and father in law want to take me to civil court for part of the property my husband and I bought in Michigan.

    It was only in ur name and ow it is in mine. Do they have a case? There is no estate. They received all the life insurance. Do I have any rights to any of it? My father in law in the beneficiary.

    Tony’s Answer

    This appears to be an incomplete scenario. It's difficult to determine if this is a probate matter or real estate matter. Two things caught my attention and I will answer your question accordingly.
    First, you state that you and your husband purchased the property. If so, then you have a legal interest in the property. In Texas, you would be entitled to your community share. If property is located in Michigan, you would need to contact a lawyer in Michigan as each state has different laws regarding marital property and distribution and descent.
    Separately, you made several references to the possibility that this is a probate matter. You used the terms "estate" and "beneficiary" and you referenced life insurance. If your husband died leaving a last will and testament, it should be probated. If your husband died and did not leave a last will and testament, you may file and application to determine heirship. An heirship proceeding will declare ownership rights of real property and personal property. Again, I am referring to Texas laws. If you and your husband owned property in both MIchigan and Texas, you may have to consult lawyers in both states to determine how best to proceed.

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