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: 3/2 large brick home, with large shop on 1 ac corner lot. $259,900. See pics @ or 576-4069.
A: In Texas, a printed or form will is valid if it is signed and witnessed by two witnesses. There is no requirement that a will be notarized. Having said that, however, there are two things in your question that suggest you should have a new will prepared.
First, you say the will was prepared “some time ago.” I am not sure how long ago “some time” is, but it may be a good idea to get a new updated will. Both the law and your situation may have changed. Second, although a will does not have to be notarized to be valid, it should be notarized to make it easier and less costly to probate. My suggestion is to get a new will with a “self-proving affidavit,” the formal name for the notary’s statement.
Q: an a debt collector call a person’s workplace? I work as a receptionist for a company that gets collection calls all day for an employee that works here. This person is unable to take the calls because he works out in field. The calls are very harassing because they are extremely rude and have even resorted to calling me names because of my refusal to take messages. What can be done to stop these calls?
A: Based on what you say, my opinion is the debt collector is violating federal law. The federal debt collection law prohibits a debt collector from discussing the consumer’s debt with anyone else, harassing anyone, or calling the consumer at work, once the debt collector knows the employer prohibits such calls.
I suggest the consumer send a certified letter demanding the debt collector stop this conduct and file a complaint with the Federal Trade Commission. The consumer may even want to speak with a private attorney about a lawsuit under the Fair Debt Collection Practices Act.
Q: I have been divorced since May of 1999. I am planning to get married again in July. If I die before my child support obligation is completed, where does the money come from to continue the support? Will my new wife be obligated to pay?
A: As a general rule, the obligation to pay support ends upon the death of the obligated party. In other words, the obligation ends upon your death. If you were married at the time of your death, your wife would have no obligation to pay.
Q: What can I do if someone does not pay back money I loaned her? I do not have anything in writing promising to pay me back, but I do have the cancelled check showing I loaned her $2,200.
A: This could be a case for small claims court. First, you should make a formal demand for payment. If you are not paid, I suggest you file a claim in small claims court. Based on what you say, the issue will be whether you gave her the money as a gift or as a loan. If you can prove it was a loan, it does not matter that she did not sign anything promising to pay it back. An oral agreement is enforceable.
Q: I have not been contacted in more than ten years about a credit card debt? Now I am getting calls every day from a debt collector who says I owe the money. What are my rights?
A: The debt collector is correct, you owe the money. On the other hand, the law places limits on how long someone has to bring a lawsuit, and lawsuits for this type of debt must be brought within four years. If the debt collector were to sue you, you could have the case dismissed based on what is called the statute of limitations. In other words, you still owe the money and have a moral obligation to pay, but from a legal standpoint the debt is unenforceable.
If you have decided that you are not going to pay the bill, you also can stop the debt collector from continuing to all you. Under federal law, if you send the debt collector a letter demanding that it stop all further communication, the debt collector can send you just one more letter and then must stop.
Richard Aldermann, a consumer advocate popularly known as “the People’s Lawyer,” is a professor at the University of Houston Law School in Houston. His column appears weekly in the Victoria Advocate. Write to him at UH Law Center, Houston, Texas 77204-6391. He also maintains a Web page at www.peopleslawyer.net.