• Leslie Wilber •
• Originally published January 23, 2009 at 1:50 a.m., updated January 23, 2009 at 1:50 a.m.

Q. I have a sister who is thinking about getting divorced. She has one child. She was wondering how much she might receive for child support.

A. Texas has guidelines to determine how much should be paid for child support. Although the guidelines are not mandatory, must courts follow them. For one child, the amount is 20 percent of net resources. The court, however, is instructed to do what is in the best interest of the child and may vary from the guidelines.

Q. Someone who owes me money just died. Am I out of luck?

A. You may still be able to collect from the person's estate. You should file a claim with the executor or administrator of the estate. If there are any available assets in the estate, they will be used to pay the money you are owed.

Q. I know the assets in my estate are subject to the claims of my creditors. Does this include life insurance proceeds?

A. No. Life insurance proceeds are "exempt" from claims of your creditors, and will pass to the beneficiary free of any claims.

Q. My landlord has not fixed a serious problem with my bathroom shower. I have given him written notice and he still has not done anything. Can I fix it myself and withhold the repair cost from my rent?

A. What you are talking about is called "repair and deduct," and as a general rule you may not do this. In fact, withholding rent could be considered a breach of the lease and you could be evicted. Under the law, you may repair and deduct only for a few specified very serious problems. The law allows you to deduct if the repairs are for the overflow of raw sewage, the lack of water or heat, or certain housing code violations that materially affect health or safety. In all other cases, your remedy is to sue for the cost of repairs or terminate your lease.

Q. Is there any law stating that after a tenant lives in an apartment for a long time and requests a change of the carpet in the apartment, the management has to change it?

A. Sorry, there is no such law. That does not mean, however, that you should not request a change before signing a new lease. Generally, the relationship between a landlord and tenant is a matter of private contract. Every time you negotiate a new lease, or every month if you are on a month-to-month tenancy, you or the landlord may propose new terms. If you think you are entitled to new carpet, and in my opinion you are, you should ask the landlord. If he refuses to install new carpet, you have the option of moving somewhere else or staying put with your old carpet.

Q. My mother just died. About all she owned was her car. Is there an easy way to get her car put in my name?

A. The first thing you should do is have all of your mother's heirs sign an Affidavit of Heirship For A Motor Vehicle. This should be done in front of a notary. This form shows that all of the heirs agree that the car should be put in your name. Next you should fill out an Application for Texas Certificate of Title. Once these two forms have been filled out and signed, take the forms, the title to the car if available, proof of insurance, and the filing fee to your county's tax office.

The forms can be downloaded from the Texas Department of Transportation Web site at www.dot.state.tx.uh/txdot.htm under the FAQs and Forms section.

Last week, I said that you should never deposit a cashier's check and return part of the amount in cash. There are too many counterfeit cashier's check scams out there. I suggested that if you receive a cashier's check, you "cash" it at the bank to be sure it is authentic. I want to make it clear that the bank I am referring is the bank that issued the cashier's check. Under the law, that is the only bank that may "cash" it.

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.

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