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Started By
Message
re: Legal Help Needed - Will & Trust Dispute - Possible Eviction!
Posted on 8/3/18 at 9:57 am to TexasTiger39
Posted on 8/3/18 at 9:57 am to TexasTiger39
Do you have a felony on your record?
Well, I do. I have been around the block a few times for 30 years trying to get it removed.
Presidential pardon would be my only hope.
Well, I do. I have been around the block a few times for 30 years trying to get it removed.
Presidential pardon would be my only hope.
2
Posted on 8/3/18 at 9:58 am to legalhelpneeded
quote:
This month, because of the grievance I filed, he is now refusing to pay any of my rent. Retaliating against me for the grievance I filed.
First, I'm assuming there's more to the story than we've heard, but here's my serious answer - A trustee owes a beneficiary a fiduciary duty, which are some of the highest duties one person can owe another. This is just as true in Texas as it is where I practice (LA). Generally, a trustee, lawyer or not, would not be able to withhold rental payments because you filed a grievance if those types of payments are provided for in the trust agreement. You need to look at the terms of the trust agreement and the Texas Trust Code to determine what to what extent his duties extend to you.
If you can't resolve this amicably, you'll need to contact an attorney and/or the Texas State Bar.
Posted on 8/3/18 at 9:59 am to legalhelpneeded
If what you are saying is accurate, then it appears the trustee is retaliating against you for filing a bar complaint against him. You should look into the avenues to have the trustee removed or find out if his actions are not allowable under the trust agreement. Unfortunately, you're probably going to need an attorney to do this. There may be some legal aid groups in your area that can help. Good luck.
Posted on 8/3/18 at 9:59 am to legalhelpneeded
quote:
Presidential pardon would be my only hope.
You keep saying this and it’s wrong. Unless the conviction was for something worse than you’re saying OR you’ve been in trouble since. Tell us the truth, OP.
Posted on 8/3/18 at 10:00 am to legalhelpneeded
quote:
Some states only go back 7 - 10 years. Texas does life searches.
Expungement removes the conviction from your record. If it has truly been 30 years and this is the only thing on your record you need to speak to a good attorney. People get things like this expunged all the time.
Posted on 8/3/18 at 10:01 am to Tyga Woods
(1) The conviction was set aside and the prosecution was dismissed pursuant to Article 893(E).
My case wasn't set aside. Nor was it dismissed. I was charged and sentenced for burglary.
No pardons are expungements for me unless the President does it.
My case wasn't set aside. Nor was it dismissed. I was charged and sentenced for burglary.
No pardons are expungements for me unless the President does it.
Posted on 8/3/18 at 10:01 am to legalhelpneeded
cousin is an arse. i feel for you. seems you ought to be able to get in front of a sympathetic judge somewhere pro se and see if you can get some help. also sounds like your cousin has you by the short ones. good luck
Posted on 8/3/18 at 10:03 am to legalhelpneeded
lawyer up brah and get him removed as trustee
Posted on 8/3/18 at 10:06 am to legalhelpneeded
quote:
(1) The conviction was set aside and the prosecution was dismissed pursuant to Article 893(E).
My case wasn't set aside. Nor was it dismissed. I was charged and sentenced for burglary.
No pardons are expungements for me unless the President does it.
Did you read the Article that I posted? It became effective in 2016. If you live in LA and your story is what you told us then it would appear that you can have your conviction expunged now.
Posted on 8/3/18 at 10:08 am to legalhelpneeded
quote:
A. Except as provided in Paragraph B of this Article, a person may file a motion to expunge his record of arrest and conviction of a felony offense if either of the following apply:
(1) The conviction was set aside and the prosecution was dismissed pursuant to Article 893(E).
(2) More than ten years have elapsed since the person completed any sentence, deferred adjudication, or period of probation or parole based on the felony conviction, and the person has not been convicted of any other criminal offense during the ten-year period, and has no criminal charge pending against him.
It says "If EITHER Apply" not "Both". you qualify for the second part.
Posted on 8/3/18 at 10:11 am to legalhelpneeded
I need more info.
SSN
DOB
Current Address
Mother’s maiden name and the name of your first pet
SSN
DOB
Current Address
Mother’s maiden name and the name of your first pet
Posted on 8/3/18 at 10:12 am to terd ferguson
Or he's full of shite, which is most likely
Posted on 8/3/18 at 10:19 am to legalhelpneeded
quote:
Once convicted, you're convicted. The only hope would be a pardon from the President. There is no way to expunge anything
I'm gonna assume you did state time. If so, only the Governor can pardon you. President can only pardon federal crimes which I can't see your charge being a federal offense
Posted on 8/3/18 at 10:25 am to georgia
Hey,
Thank you. I didn't realize it had been updated to 2016.
I have tried this before. It was a massive failure.
Thank you for this again. I will look into it.
There is nothing else to hide.
Burglary of a Habitation in 1987. Six year sentence. Served all of it day for day.
Non-violent. Nobody was home. No drugs, guns, or weapons of mass destruction involved. Just a poor decision I made as a teenager. Simple as that.
Thank you. I didn't realize it had been updated to 2016.
I have tried this before. It was a massive failure.
Thank you for this again. I will look into it.
There is nothing else to hide.
Burglary of a Habitation in 1987. Six year sentence. Served all of it day for day.
Non-violent. Nobody was home. No drugs, guns, or weapons of mass destruction involved. Just a poor decision I made as a teenager. Simple as that.
Posted on 8/3/18 at 10:27 am to legalhelpneeded
Louisiana Code of Criminal Procedure, Articles 971, et seq.
Go to Art. 978. Motion to expunge record of arrest and conviction of a felony offense
Go to Art. 978. Motion to expunge record of arrest and conviction of a felony offense
Posted on 8/3/18 at 10:29 am to legalhelpneeded
You sound trashy
Posted on 8/3/18 at 10:31 am to legalhelpneeded
You had a shitty lawyer.
Posted on 8/3/18 at 10:32 am to terd ferguson
This is probably a stupid question...
I'm in Texas. That is for Louisiana. Works here too?
I'm in Texas. That is for Louisiana. Works here too?
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