Ask your legal questions here

Discussion in 'Horn Depot' started by DrewDevil, Oct 12, 2007.

  1. HoustonHorn93

    HoustonHorn93 250+ Posts


     
  2. scottsins

    scottsins 1,000+ Posts

    who will you sue if your online will is ****** up?

    no one.

    I run the same fee as Houston, but I usually toss in POA's and medical POA's.
     
  3. NickDanger

    NickDanger 2,500+ Posts

    You won't know your will is ****** up until you are dead. Oh. Wait a minute. Dead people don't wear plaid and they can't file lawsuits.

    Your intended beneficiaries do not have standing to sue the drafter of the will.
     
  4. longhrnfan

    longhrnfan 500+ Posts

    but they can contest validity...
     
  5. NickDanger

    NickDanger 2,500+ Posts

    Yes, but a successful will contest would most probably mean that what you wanted to happen in your will would not happen after you die. You don't get to rewrite a will. You Might get it construed if it is ambiguous. If an estate is large enough to fight over, it is large enough to afford having a decent will prepared by someone who knows what they are doing.
     
  6. RollingwoodHorn

    RollingwoodHorn 500+ Posts


     
  7. NickDanger

    NickDanger 2,500+ Posts

    No, you've missed the point. It's not the borrower suing, it's the lender. If the lender sues the borrower in the wrong county, that is a DTPA violation.
     
  8. DrewDevil

    DrewDevil 25+ Posts


     
  9. DrewDevil

    DrewDevil 25+ Posts


     
  10. scottsins

    scottsins 1,000+ Posts


     
  11. NickDanger

    NickDanger 2,500+ Posts

    I've always felt they SHOULD have standing. I'd be amazed if any change came out of the courts. Is there a case in the pipeline?
     
  12. CaboWabo

    CaboWabo 500+ Posts

    I just probated the will for dad who left the property to his three daughters. Do I need to do anything in the county (same county where the will was probated) records to reflect ownership of a home in the three daughters or is the order admitting will to probate enough? I was thinking maybe I need a deed from the executor to the three daughters to ensure a clean chain of title. Don't do much probate work.
     
  13. scottsins

    scottsins 1,000+ Posts

    no deed needed.

    * at leas i did not need one when I did my dad's estate with no will. the order was filed with the clerk and that was enough.
     
  14. Bookman

    Bookman 1,000+ Posts

    File a certified copy of the order with the county clerk, if the will was probated as a muniment of title.

    As for the standing issues, see Belt v. Oppenheimer, Blend, Harrison & Tate, Inc., 192 S.W.3d 780 (Tex. 2006).

    I'm not sure what I'm going to do with the two collections cases. I don't have service yet on either one.
     
  15. Mr Bean

    Mr Bean 100+ Posts

    Do defense attorneys ever actually ask their clients if they committed the crime?
     
  16. Tonesky

    Tonesky 25+ Posts


     
  17. Dr Fear

    Dr Fear 500+ Posts


     
  18. DrewDevil

    DrewDevil 25+ Posts

    You guys are answering better than I could, nice job.
     
  19. HoustonHorn93

    HoustonHorn93 250+ Posts


     
  20. PhatAtUT

    PhatAtUT 100+ Posts

    new question:

    a couple of weeks ago at about 9pm i was driving through my residential neighborhood in dallas and as i approached a 4 way stop sign i saw a police office wearing a reflective traffic vest in the middle of the intersection. as i slowed down to stop, he shined his flashlight at me and walked toward my truck. so i roll down the window and he tells me they're stopping everyone to check registration and inspection stickers. he looks in, shines his light at my dash checking my stickers, and then walks around the back of my truck to check my plate. he comes back and tells me i'm good to go. my question is, is this a legal stop? if he had cited me for a violation or god forbid an open container or something like that, would this hold up since there was no probable cause to stop me in the first place?
     
  21. Topolino

    Topolino < 25 Posts

    What is a typical deal made, if any, when contesting a "racing on highway/reckless driving" charge in Texas; San Antonio specifically? Note: Add'l factors include: 101 mph in 65 mph zone alleged, first time offense with no prior tickets, and no citations issued at site. Interested to know what to expect out of the process after attorney's services are secured; including how much to pay. Thnx in advance!
     
  22. scottsins

    scottsins 1,000+ Posts

    how in the hell is 101 in a 65 a "mitigating factor"?
     
  23. Topolino

    Topolino < 25 Posts

    Sorry. Simply meant something add'l to consider overall (good or bad).
     
  24. scottsins

    scottsins 1,000+ Posts

    it would be an aggravating factor. I don;t have much experience in defending racing cases. i will likely be arrested for it before i have a client who has.

    wanna run em sometime?
     
  25. VoodooChi|d

    VoodooChi|d 500+ Posts

    I have a couple...

    As some here know I got a DUI by a minor a few months ago. After reading up on the law it seemed that if I wanted to fight it I might have had a chance but when I looked into getting a lawyer and then looked at the maximum penalties for it it was economically cheaper just to plead no contest. At court about half the people there (for similar charges) were represented by lawyers. The judge then offered a deferred disposition with the stipulation that if you completed 8 hours community service and an alcohol awareness class by November (this was in August) and also paid a very reduced fine that the charges would be dropped. He also said that you can get it expunged when you turn 21.

    So onto the questions...

    1. I obviously took the deferred disposition, but so did every person that had a lawyer. What was the point of spending all that money on a lawyer if you were going to plead no contest/guilty?

    2. I had a juvenile charge in HS that I had expunged when I turned 18. All I had to do was fill out a form and write a thing that was notarized. At the hearing the Judge said that you would need a lawyer to get this charge expunged. What is different between this charge and my juvenile charge that would cause me to need a lawyer or was he just trying to get business for his fellow Austin lawyers?
     
  26. mayberryrfd

    mayberryrfd 100+ Posts


     
  27. scottsins

    scottsins 1,000+ Posts

    Voodoo:

    You can not get it expunged. You can have the record sealed though.

    You DO not necessarily need an attorney, provided you can draft your own motion and order, file it and serve the prosecutor.

    *And if the prosecutor opposes your motion, you'll need a hearing, which is rare.
    **My point is that you are not required to get a lawyer, but most people do for that.
     
  28. BattleshipTexas

    BattleshipTexas 1,000+ Posts


     
  29. kangsta

    kangsta 500+ Posts

    What is the proper way to get an Exhibit on the record in an oral deposition?
     
  30. Big Horn

    Big Horn 100+ Posts


     

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