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New Braunfels Herald-Zeitung (Newspaper) - May 7, 1991, New Braunfels, Texas New Texas May 1991 Page 7 BARRY MOORE GENERAL PRACTICE BOARD CERTIFIED RESIDENTIAL REAL ESTATE LAW Texas Board Of Legal Specialization 245 Seguin 6257751 CORNELIUS POWELL ATTORNEYS 6256933 391 LANDA STREET NEW TEXAS KENNETH BRAZLE ATTORNEY AT LAW 395 LANDA NEW TEXAS 78130 FAX TROY BEVIL CHUNN ATTORNEY AT LAW 389 SEGUIN Across from the Civic Center TEL WADE ARLEDGE LAWYER 245 SEGUIN NEW 78130 Ronald Zipp ATTORNEY AND COUNSELOR AT LAW 384 LANDA NEW TEXAS 78130 24 HOUR NUMBER 512 6295600 OFFICE HOURS WEEKENDS HOLIDAYS BY APPOINTMENT FAMILY LAW I am paying child support to my exwife and she is spending it wi things other than my Can I put it in trust or make her account for her expenditures Al Generally you can do in fact she is not properly taking care of the children you can ask the on proper to remove her as the custodial PROBATE PERSONAL INJURY DAMAGES Should I give away my property in trust while I am alive to avoid the cost of probate A That is not a very good The cost of creating such a trust will often exceed the cost of probate and creating the trust in one way or restrict your ability to do as you wish with your property during your CRIMINAL LAW I was recently injured in an auto accident which was the other drivers His insurance company has offered to pay my medical bills Am I entitled to any other damages In most In addition to medical past and you can also recover compensation for the fol lowing elements of damages that resulted past or will result future from your injuries Physical pain and mental anguish Loss of earning capacity Disfigurement Physical BANKRUPTCY Members of the armed forces and support personnel assigned to Opera tion Desert Storm in the Persian Gulf combat zone will have until at least 180 days after they depart from the tcrsiau Gulf to file their 1990 Federal income tax This relief is also available to their Military pay received by enlisted personnel while serving in the combat zone is exempt from income For commissioned up to a month can be excluded from All returns and correspondence sent to the IRS should indicate Desert Storm at the top to alert the Call the IRS at 1800TAX1040 for more Q If the tenant docs not vacate the the landlord may then file an eviction action sometimes called forcible entry and detainer in the Jus tice of the Peace The complaint will then be served on the tenant by a deputy sheriff or process server and a hearing will be scheduled in approxi mately ten 10 If the Judge rules in favor of the the Judge will sign a judgment ordering the tenant from the If the tenant has not moved within five 5 days from the date of the then the landlord may obtain a writ of restitution which will authorize the County Sher iffs office to physically remove the Attorneys can provide addi tional information and assist in the leg al Carter Casteel Attorney and Counselor at Law OFFICE 245 SEGUIN RESIDENCE 285 RIO DRIVE NEW TEXAS 78130 l If a homeowner files a Chapter 7 may that homeowner exempt the Homestead How can an attorney in good conscience represent a criminal defen dant who he knows to be guilty A it should be noted that the attorney cannot possibly know that the Defendant is guilty unless the attorney was a witness to the An attorney who witnessed a crime cannot represent someone accused of that par ticular as the attorney would be subject to being called to testify in the For a variety of wit nesses may be mistaken Even if the Defendant him self admits to the there are numerous documented cases wherein people have admitted to the commis sion of crimes that they did not com In an attorney cannot pos sibly know for certain that the client is although he may have an Under the law all persons sccused of criminal offenses are entitled to a fair trial as well as representation by com petent legal Even if that counsel held the opinion that the client was guilty it remains counsels sworn obligation to provide the client with and diligent pro fessional Any attorney who would allow his opinion as to the guilt or innocence of the client to affect his ability to provide and diligent professional representation should withdraw from the It is the defense lawyers sol emn duty to ensure that his client receives a fair trial and is afforded all rights due the client under our Under both the Federal and Tex as Statues creating a so long as he makes pay ments according to their agreement with with mortgage may exempt their homestead from bank Homestead means the resi dence in which homeowner Intends to FAMILY LAW Q As the owner of an S corpora can I avoid social security tax and other payroll taxes by not paying myself a salary An owner of an S corporation that works for his company must pay himself a reasonable salary for the ser vices he performs for the corporation and the usual payroll taxes on that sal ary mast be If he receives distri butions from the S corporation and has not paid himself a reasonable the IRS will treat the distributions as salary and slap on PICA and other pay roll The IRS now has a nation wide program for identifying S corpo ration owners who fail to pay them selves a reasonable Am I liable for the conduct of my child A A parent in Texas has the duty of control and reasonable discipline of a The parent is liable for any prop erty damage that the negligent conduct of a child has and if it can be proved that the parent was negligent in his or her failure to control and discip line the A parent can be held liable for any property damage in which a child who is at least twelve 12 years of under age eigh teen 18 has caused a due to willful and malicious If a child has willfully or maliciously acted and caused the recovery for that damage is limited to actual not to exceed FifteenThousand Dol lars plus court costs and reasonable attorneys TAX LAW If a person prepares his own is it valid Texas Law Section 59 of the Texas Probate Code recognizes the validity of a handwritten This type of the Will is sometimes called a holographic To be a holographic Will must be wholly in the handwriting of the Testator per son making the Will and must contain the Testators For most peo a more formal Will is By seeking competent legal assis you can be sure that essential terms and provisions of the Will are not LANDLORD AND TENANT What relief is available to tax payers serving in Operation Desert Storm What is involved in evicting a nonpaying tenant Before filing a formal cviciton complaint in the Justice of the Peace the landlord must give the non paying tenant a written demand for possession which gives the tenant at least three 3 days to move from the I bought a lot from my brother and dont have any title My neighbor now claims that he owns the back of this lot and has threatened to cut down some trees that have been there for years and By the time I file a lawsuit and try the case the trees will be Is there anything I can do to stop my neighbor from cutting down the trees while any lawsuit is pending There is a type of restraining that can be obtained almost immediately without notice to your It is called an ex pane or one party You should con tact your attorney immediately and have him prepare a legal pleading which must be sworn to and Uien pre sented directly to a pre suming the facts are sufficient to sup port your the Judge will issue a temporary restraining order which will then be served upon your neighbor restraining him from the cutting of the If he then goes forward and cuts the trees he will be in contempt of court and could be jailed or or The temporary restraining order served on your neighbor will notify him of the date of a hearing in which he can present his side of the The lawsuit regarding the property can then proceed as a normal In Texas all parties are normally allowed an opportunity to be the Courts recognize that circumstances may come before the Court which must be dealt with imme and do not allow time for full notice to all That is when the temporary restraining order should be It can be obtained upon a sworn statement of one party to the A temporary restraining order stays in effect for a short time unless extended by the Court or by agreement of the Once the temporary restrain ing order has been put in place the mat ters which are the subject of the law suit are to remain at status quo until full notice and hearing opportunities are given to all DEADLINE FOR SUBMITTING LETTERS MAY 1991 Gary CPA Board Certified Tax Law Texas Board of Legal Specialization BRUCE BOYER Attorney at Law 376A Landa Street New Texas 78130 5126256511 5126257117 5126206000 FAX Board Certified Residential Real Estate Law Texas Board of Legal Specialization GARY STEEL ATTORNEY AT LAW 297 SAN ANTONIO NEW TEXAS 78130 JOHN CURTIS Attorney at Law Executive Suite 180 NEW TX 781311998 Law Office Of Kimbel Brown Attorney At Law Former Assistant County Attorney Civil and Criminal Practice Since 1981 6253455 260 CASTELL NEW TX FULLY LICENSED BY TEXAS SUPREME UNITED STATES DISTRICT COURT FOR SOUTHERN WESTERN DISTRICTS NOT BOARD CERTIFIED BY THE TEXAS BOARD OF IEOAI SPECIALIZATIONS JOHN BEVIL BEVIL CHUNN ATTORNEY AT LAW 389 SEGUIN THE ATTORNEYS SPEAK IS FEATURED EVERY FIRST TUESDAY IN THE NEW BRAUNFELS HERALDZEITUNG Q Do you have a legal question you would like featured in The Attorneys Speak Ask the The Attorneys Speak will be published every first Please include return Mail your questions to The New Braunfels HeraldZeitung The Attorneys Speak Box 311328 New 78130 The purpose of this page is to inform the public of the law generally addreaa its Specific questions regarding the law should be directed to your personal No legal decisions should be based on information in this column without consulting your own For assistance or further information regarding The Attorneys Speak call Corbie 6259144 JACK ROBISON ATTORNEY AT LAW 391 LANDA NEW 78130 FAX BEVIL CHUNN Attorneys At Law 6259117 389 Seguin New Braunfels Across from the Civic Center Not Certified By Texas Board of Legal Specialization JOHN CHUNN BEVIL CHUNN ATTORNEY AT LAW 389 SEGUIN William Schroeder Attorney at Law 267 West Mill 6257381 SANDRA SARRAN Attorney at Law MEMBER STATE BAR OF TEXAS NOT BOARD CERTIFIED IN ANY AREA OF SPECIALIZED PRACTICE NO CHARGE FOR INITIAL CONSULTATION 8994585 Hwy 2673 I
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