Your abusive neighbor could cost you plenty
Q: I am having trouble with my neighbor. A few months ago, we had some issues with a tree in my yard. Now, every time I walk outside, and he is there, he starts yelling Fbombs at me. I have called the police three times, but nothing has come of that. What can I do about this guy?
A: One option is to move. Another option is to hire an attorney and try to get a restraining order against him. Expect to spend thousands of dollars in attorney’s fees if you take that approach.
Regardless, you should install security cameras to record your neighbor in action so that you can prove he really acts the way you say he does.
And keep calling the police when he is acting up.
Q: Can an individual successfully create a legal codicil to their will?
A: Yes, but the trick is to know how to do it correctly, and that is why people hire lawyers.
Q: My 2019 car was damaged a few months ago when another driver ran a stop sign. Repairs totaled about $10,000, and I figure there’s an additional $7,000 of di
minished value. The other driver’s insurance company offered to settle with me for $2,000 of diminished value. I refused that offer, and I plan to take this matter to small claims court. Is there a website you can point me to that lays out the procedure for taking another party to small claims court in the city of
Houston?
A: Yes. Go to texaslawhelp.org and click on “Legal Information and Forms” and then on “Going to Court” and then on “How to Sue in Justice Court (Small Claims Court).”
You should also check out jp.hctx.net. Click on “Information” and then on “Justice Court Suits.”
Q: My wife and I have 45-year-old simple wills leaving everything to each other, with our two children as contingent beneficiaries. Our primary assets, IRAS, pass by designation. Nothing has changed since the wills were drawn. Should we update our wills or our old powers of attorney?
A: Assuming your wills were properly drafted and contain all the required Texas language, they are just as valid today as they were 45 years ago.
Power of attorney forms do get stale though, and you should consider getting the newest Texas form available. Plus, there are now medical power of attorney forms, living wills and HIPAA releases that were not part of the standard estate planning package that long ago.
It might be time to meet with an attorney to review your documents and to update them if necessary.
The information in this column is intended to provide a general understanding of the law, not legal advice. Readers with legal problems, including those whose questions are addressed here, should consult attorneys for advice on their particular circumstances. Ronald Lipman of the Houston law firm Lipman & Associates is board-certified in estate planning and probate law by the Texas Board of Legal Specialization. Email questions to stateyourcase @lipmanpc.com.