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New Braunfels Herald-Zeitung (Newspaper) - October 1, 1991, New Braunfels, Texas New Texas October 1991 Page 7 BARRY MOORE GENERAL PRACTICE BOARD CERTIFIED RESIDENTIAL REAL ESTATE LAW Texas Board Of Lepal Specialization 245 Seguln 6257751 CORNELIUS POWELL ATTORNEYS 6256933 391 LANDA STREET NEW TEXAS KENNETH BRAZLE ATTORNEY AT LAW 395 LANDA NEW TEXAS 78130 FAX TROY 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 Civil Litigation FAMILY LAW FAMILY LAW What is the cost of exploratory consultation to determine the feasibili ty of pursuing a civil litigation Attorneys who emphasize civil trial law in their practice will generally meet with a prospective client at no charge for the initial consultation to evaluate the feasibility of pursuing a lawsuit or Upon a favorable evaluation by the attorney of the probability of estab lishing legal responsibility liability on another party and demonstrating sufficient monetary many civil trial lawyers will handle the claim or lawsuit on a pure contingency fee That the attorney will receive a percentage of the recovery as his If there is no there is no In some if the evaluation is less favorable either as to liability or a combination of a conting ency fee and a retainer fee from the client may be in those instances of an unfavorable evaluation of liability the attorney may sug gest a fee arrangement based on an hourly billing rate for services FAMILY LAW Q My former husband possesses property certificates of deposit awarded to me by the divorce I cannot afford more attorney fees and will have to handle this pro What is the proper motion to file with the and does it require seravice of citation as would most motions If the wording in the decree is spe cific enough the CD can be obtained with a motion for which is one form of a motion for If the language of the decree does not support a holding of contempt the peti tioner can still pursue an enforcement order from the court under Texas Fami ly Code Sec BANKRUPTCY If a homeowner files a Chapter 7 may that homeowner exempt the homestead A Under both the Federal and Texas statutes creating a home so long as he makes payments according to their agreement with the mortgage may exempt their homestead from Home stead means the residence in which homeowner intends to DEADLINE FOR SUBMITTING QUESTIONS FOR NOVEMBER is OCTOBER 25th How old can a person or child be to make their own choice of whom to live with in a divorce The court always looks at the best interest of the child in determin ing the question of managing conscr and support of an access to the child if the child is fourteen 14 years of age or older he may indicate to the court his choice of managing That choice is subject to the approval of the A child under the age of fourteen 14 and above the age of twelve 12 shall confer with the child upon application of any party when the issue of managing conservatorship is A child under the age of twelve 12 may confer with the court upon application of any Inter views in either incident do not alter or diminish the discretion power of the court and the courts primary consid eration continues to be the best interest of the PROBATE Please explain what living trust what independent probate administration and what the advantages and disadvantages are of one versus the Living trusts are established dur ing the lifetime of the person establish ing the trust as opposed to testamen tary trusts which are set up in the Will of a person at the time of their A living trust is a trust estab lished during a persons lifetime which that person can as long as they are competent to do Inde pendent probate administration is the administration of a persons estate at the time of their death without court Since Texas allows the administration of a decedents estate without court a living is not necessary to avoid a court administered probate proceeding in In many a living trust is a low cost alternative to because of the complexity of their probate proceedings and their state inheritance tax based on the amount of property passing through avoidance of probate and the avoidance of Texas inheritance tax are not legitimate reasons for estab lishing a living trust in Tex there are certain situations where they are For one may not be able to manage their own affairs and need to appoint a Trustee to handle their financial matters for But it would be just as foolish for someone to create such a trust without seeing a lawyer as it would be for them to remove their appendix without first seeing a Very few people need to go to the expense and trouble of transferring all their assets to a If a judge orders a man to pay a month for child support and his exwife keeps the vehicle they both shared while is it legal for him to pay the car note in lieu of child support the father makes the exwifes car payment instead of making the courtordered child support payment he can be held in contempt of court for fai lure to make the child support payment as If held in contempt he can be fined and put in He can also be prosecuted for the offense of criminal a Class A misdemeanor for the first RETIREM inheritance tax is in a bequest to a there would be no federal or state inheritance tax because of the unlimited marital In other the current federal exemp tion of would apply before any federal or state inheritance tax is What is the law on retirement established in another state before moving to Texas Unless the retirement holds cer tain provisions regarding its treatment as separate or community or your spouse has executed documents regarding the general rule in Texas is that the nonworking spouse has a community property interest in that portion of the retirement benefits of the working spouse which were earned during their The retirement benefits belonging to the community estate is generally deter mined by dividing total months of employment into months of employ ment while con trusts and other matters may cause the general rule to I am still confused about the defin ition and explanation given on indepen dent probate administration in the state of Does this mean that a dece dents Will need not be filed for probate at all if the Executor named in the Will is a surviving son or daughter Please A will must be filed and admitted to probate to be if the executor appointed in the will is named as an independent then the executor is free to administer the estate without any court supervision or any court appearances other than a very brief appearance that is required to have the will admitted to This freedom is enjoyed by all independent executors regardless of whether or not they are related to the Texas law requires the will to contain special language to authorize the executor to act independently of the Civil Litigation Is it necessary afor a couple with out any children who made ouat two wills while living in New York to make new ones since moving to Texas The wills leave to each other entire making the survivor executor to serve without We hear state law varies and New York applies estate or inheritance tax while Texas It is not always necessary to make a new Will when moving from one state to Most including Tex recognize the validity of a Will exe cuted in another I would still recommend that you have a Texas attorney review your New York In it is important to name independent executors to insure that the executor may act without Court In the Will should be selfproving to make it easier to probate without the necessity of obtaining affidavits or testimony from attesting witnesses at time of In regard to inheritance law does vary from state to state as to state inheritance In state inheritance tax is only due if federal b there a Small Claims Court in this area If are there any local lawyers that will handle such litigation for a claim of or less Each county has at least one small claims court which operates in conjunction with the Justice of the Peace sits as Judge of the Court This Court is designed to simplify the procedures involved for a person to handle their own claims when the amount involved may not justify the representation of an Howev a person may represent themselves in small claims court or be represented through an If a person does not feel comfortable handling their own attorneys who regularly handle civil litigation and recovery of claims in their practice will often represent a person on a claim of a relatively small The jurisdiction of the small claims court is for an action for the recovery of money not exceeding an amount of A small claims court action is insti tuted by the filing of a sworn statement of the claim before the judge or clerk of the A person interested in pursuing such claim should contact the clerk of the Justice of the Peace Court in the pre cinct in which they live and request information concerning the Filing of such an Carter Casteel Attorney and Counselor at Law OFFICE 245 SEGUIN RESIDENCE 285 RIO DRIVE NEW TEXAS 71190 Gary CPA Board Certified Tax Law Texas Board of Legal Specialization 348 San Antonio 6257531 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 BV TEXAS SUPREME UNITED STATES DISTRICT COURT FOR SOUTHERN ft WESTERN NOT BOARD CERTIFIED BY THE TEXAS BOARD OF LEGAL SPECIALIZATIONS JOHN BEVIL BEVIL CHUNN ATTORNEY AT LAW 389 SEGUIN 1 THE ATTORNEYS SPEAK IS FEATURED EVERY FIRST TUESDAY IN THE NEW BRAUNFELS HERALDZEITUNG QDo you have a legal question you would like featured in The Attorneys Speak A 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 it to inform the public of the law generally address its Specific questions regarding the law should be directed to your persona No legal decisions should be baicc on information in this column without consulting your own For assistance or further information regarding The Attorneys Speak call 6259144 JOHN CHUNN BEVIL CHUNN ATTORNEY AT LAW 389 SEGUIN JACK ROBISON ATTORNEY AT LAW 391 LANDA NEW 78130 FAX BEVIL CHUNN Attorneys At Law PERSONAL INJURY ACCIDENT CIVIL TRIAL LAW 6259117 389 Seguin New Braunfels Across from the Civic Center Not Certified By Texas Board of Legal Specialization William Schroeder Attorney at Law 267 West Mill 6257381 SANDRA SARRAN FULLY LICENSED BY TEXAS SUPREME COURT UNITED STATES DISTRICT COURT FOR WESTERN DISTRICT AND FIFTH CIRCUIT COURT OF APPEALS NO CHARGE FOR INITIAL CONSULTATION 15128994585 Hwy 2673 STARTZVILLE
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