Foster & Foster, PLLC
Foster & Foster, PLLC
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Best Experience for an Attorney
The best experience for an attorney is being a prosecutor and trying a bunch of cases.
Переглядів: 39

Відео

Legal Writing
Переглядів 312 роки тому
Legal writing (in Texas, or anywhere) is not always easy. It is necessary to make sure that all the "I"s are dotted and "T"s are crossed, at the same time it is necessary to be persuasive. There are many approaches but separating the technical aspects from the persuasive is worth considering.
Taking your Time Deciding on an Attorney
Переглядів 102 роки тому
In Texas... and everywhere else, people should take choosing an attorney seriously and take their time and make a good decision. If there isn't a rush or a deadline, then there is no good reason to feel pressured.
Fraud in a Real Estate Transaction and "As Is" real estate contracts
Переглядів 812 роки тому
In Texas, just because a piece of real estate is sold "as is" doesn't mean that the sellers can lie on their "Seller's Disclosures". If they do, and if they get caught, they can be sued and have a large judgment taken against them.
Special Exceptions Texas Courts
Переглядів 1443 роки тому
This is about Special Exceptions in Texas Courts. Generally speaking... it is a pretty sorry video. There's not a whole bunch of information but I had a client ask about them so... here it is!
Things to Consider when getting a bunch of money
Переглядів 693 роки тому
There are things to consider when you get a big bunch of money. Whether it is from winning a lawsuit, getting an inheritance or winning the lottery, it is smart to take a minute and make a plan. Many attorneys recommend annuities, but make sure that you understand the high fees and commissions on the front end and the penalties on the backend if you need your money. Index funds are a good choic...
Choosing an Attorney
Переглядів 4803 роки тому
Deciding who to trust with a Court case is a difficult decision. Choosing an attorney is a very important decision that should be taken seriously.
Fraudulent Transfers
Переглядів 2864 роки тому
This video is about Fraudulent Transfers
Hearsay in Texas State Court
Переглядів 1964 роки тому
This video is about Hearsay and Hearsay Exceptions in Texas State Court
Value of a Personal Injury Case
Переглядів 854 роки тому
Determining the value of a personal injury case is not easy. There are rarely any rules or clear answers. Still, there are many factors that can be evaluated in order to figure out what is, or is not a fair settlement.
Default Judgments in Texas - How to avoid messing up your case
Переглядів 3,9 тис.4 роки тому
This video is about Default Judgments in Texas. Default Judgments are generally taken when someone doesn't answer a lawsuit. A Default Judgment can seem like a victory but, if you do it wrong, you can find out later that you have lost your ability to collect on the judgment because of a simple mistake.
Aggressive Attorney? Are you for real?
Переглядів 1604 роки тому
What is an aggressive attorney? When people say they want an "aggressive attorney" what is it that they really want?
Receivership and Collecting Judgments
Переглядів 1,1 тис.5 років тому
This video is about Collecting Judgments and Receivership. Having a judgment is great, but doesn't really do anything for a client. People don't hire attorneys because they want a big judgment. People hire attorneys because they want judgments, they hire attorneys because they want money. A judgment that doesn't get a client a check is meaningless. In Texas, one of the best ways to get a client...
Breach of Fiduciary Duty - Remedies and Jury Charge
Переглядів 6 тис.6 років тому
This video is about Fiduciary Duties in Texas. Formal and informal fiduciary duties and a discussion of the various remedies as well as the jury charge that is commonly used in a jury trial in the State of Texas for a breach of fiduciary duty involving a self interested fiduciary.
Statute of Frauds
Переглядів 5416 років тому
Statute of Frauds
Discovery in Texas Courts
Переглядів 1,5 тис.6 років тому
Discovery in Texas Courts
Motions for Summary Judgment
Переглядів 4,8 тис.6 років тому
Motions for Summary Judgment
Requests for Admission in Texas Litigation
Переглядів 4106 років тому
Requests for Admission in Texas Litigation

КОМЕНТАРІ

  • @lifesabeach5405
    @lifesabeach5405 27 днів тому

    Bullshit. Most lawsuit doesn't go to trial

  • @drusillakeeling8127
    @drusillakeeling8127 5 місяців тому

    Informative video! If a commercial property is in receivership and the appointed receiver interferes with the loan process what steps can one take? Example: small family Corp working with bank for a loan to cover old mortgage and receiver calls bank said party is working with and thwarts loan process with frivolous claims. Thus bank will no longer grant a loan. What can someone do with a receiver interfering with loan process? The loan was a go ahead from the bank committee and when receiver called the potential loan was off the table. If you have any suggestions for literature to read to look into please advise. Would really appreciate it. 😊

  • @Fitnesserwear
    @Fitnesserwear 9 місяців тому

    What's the difference between special exceptions and a motion for a more definite statement?

  • @TheGolfster3
    @TheGolfster3 11 місяців тому

    Thank you for this helpful advice. What happens in the instance of when a party moves for a no-evid MSJ, the judge grants the movants msj, and the reasonable amount of time for discovery has not occurred?

  • @jameslittleton5156
    @jameslittleton5156 Рік тому

    If a debt lawsuit is missing my "II" at the end of my name, which is on my ID, SS card and birth certificate, is it still suing me? Could i get it dropped if this was tje case?

  • @gamerplays6314
    @gamerplays6314 Рік тому

    Can you tell me what I need to file to make the trustee show an accounting for everything. I’m a beneficiary due to my father being deceased and entitled to his share. Thing is I was told I was not a beneficiary for almost two years. I’ve objected to things but they just kept moving forward. If someone could just see all the mistakes that were made in the trust document and the keeping me from knowing I’m a beneficiary you would know something isn’t right. There is so much that’s not being disclosed. I’m in California but Nevada laws govern the trust. How do I get to the bottom of this on my own? I haven’t reached out bc I can’t afford it unless it’s contingent There was millions I’m sure at stake but not sure now.. The original beneficiary’s are deceased except for one who is co trustee. The other trustee is the daughter to my grandfathers wife who passed in 2004. Yet her daughters are taking 50 percent of my grandfathers trust. Doesn’t make sense to me. Help please. I have not signed or agreed to anything or cashed any checks.

  • @nidasalvador9705
    @nidasalvador9705 Рік тому

    Thsnk u

  • @WandaKlemish-gi7dd
    @WandaKlemish-gi7dd Рік тому

    I hired a mn real estate lawyer when I was going to buy out my 6 siblings from our mothers inherited house that was in all our names for 4.5 yrs and the lawyer I hired had also done all the probate on this house when mom passed away, I told the lawyer that I agreed to pay all costs incurred in the sale and pay each sibling the amount agreed upon, plus 3 siblings payed off moms mortgage of a bit over 2 thousand dollars, so I payed all lawyer costs and fees, checks to each sibling plus the mortgage amount to 3 of the siblings and because of a recent divorce of 32 yr marriage and a SSDI backpay award for a mental health illness caused from emotional and verbal abuse from the toxic marriage, I was able to pay in cash for the house, $6,000 to each sibling for total of $36,000, lawyer fees of $970.00 and $2,000 for mortgage payoff. 4 yrs later I sold the home for I believe $89,000 because of the many repairs and updates I had made to it. The day after my house sold(on the market for under 48 hours) my younger sister committed suicide, 2 days later, I was contacted by the realtor and her team, informing me that there were $43,000 dollars in liens against my home from 2 of my siblings old credit card debt that wasn't there after probate but were attached to the house during the 4.5 years when a 7 of us were listed on title. So the mn real estate lawyer that I hired to purchase the house never even checked for any liens on title and I'm assuming she didn't because she was the one who did all the probate legal stuff, I never refused to have anything done when working with the lawyer

  • @Indigodream0
    @Indigodream0 Рік тому

    Thank you for this. I am in the discovery phase of a divorce. I am in the unfortunate position of having no choice other than to act as a pro se litigant with limited guidance. I've read that pro se litigants usually lose because they are not prepared. I refuse to disrespect the court, the judge, myself or opposing counsel with ill-preparedness. It's costing me a lot of time to do this, but I want to do it correctly, to the best of my ability.

  • @spacemooseable
    @spacemooseable Рік тому

    Hey Stephan, can you speak on the fiduciary duty that a divorce attorney has to the respondent in a suit for divorce on the no fault ground of insupportability? Does council have a duty to inform his client of what rights he has that are at risk of being lost?

    • @fosterfosterpllc2063
      @fosterfosterpllc2063 Рік тому

      Is the respondent the client of the attorney or the other side? An attorney only has a fiduciary duty to their own client. If it is their client, they have a fiduciary duty. Be aware that if an attorney is dishonest, that is likely a violation of fiduciary duty. If they mess up (which is more common) it can be professional malpractice or negligence. Sometimes it can be both and the differences can be subtle. These situations are often fact dependent and the statutes of limitation can be different. In Texas, the SOL for messing up is two years. For being dishonest, it is 4 years.

  • @integritynow1
    @integritynow1 Рік тому

    I appreciate and agree with everything you just laid out. We just had a director who was found to have conspired as a director and breached her fiduciary duties to get assets owned by the corporation yet the judge allowed her to keep the spoils of her actions in Burnet County Texas. There were literally no consequences for her actions.

    • @fosterfosterpllc2063
      @fosterfosterpllc2063 Рік тому

      I am sorry to hear that. I hate when people do wrong and get away with it.

  • @lacyp5530
    @lacyp5530 2 роки тому

    I have a partial judgement ? Lots of money 1, million UGH ! What happens next ? What can they do ? I have a home homesteaded, and home has been in trust 13 yrs.

  • @chefhak
    @chefhak 2 роки тому

    well understood, thanks

  • @marthaschell355
    @marthaschell355 2 роки тому

    Help My husband sold his house in a trust and ended the trust and he deposited the money in our saving account which made it comingled. Now my husband wants to sue me and the judicial judge would not send to probate. He is of sound mind and controls his own Trust. They want to say I embezzled or stole money. I just placed the money in my savings account because my husband the grantor and the person who refused to title it in the name of the revocable trust. He said he had spent enough on his kids and was not going to leave them anymore although they were beneficiaries and I WAS a successor Trustee. My husband a Trustee, trustor, and a settler. I am worrying myself to death.

    • @fosterfosterpllc2063
      @fosterfosterpllc2063 2 роки тому

      You said the Judge would not send it to probate. Is there currently a case in state District Court? Where did the money from the trust originally come from? Was it in someone’s will or did your husband put money that was his in a trust? Who are the beneficiaries of the trust?

    • @marthaschell355
      @marthaschell355 2 роки тому

      @@fosterfosterpllc2063 My husband and his widowed wife started the trust. It was Ken Schell and Mary Schell revocable trust. Mary died and then I went to Dallas and met Ken in 2014. The house was in the Trust but when I married Ken it was only worth about 150.00 thousand. The steps was falling in and it was a mess. Ken wanted to sell the house so he called a realtor and he offered only about 178,000 for the house and 12.5 acres. I told Ken lets remodel and make the place beautiful. I went to work and Ken also and for 8 years we worked on the house, built decks, carports and in 2022 Ken sold the house and got 520,000 dollars for all the hard work. I worked so much I got a dozen spinal fractures and I am 66. We left went to Alabama and he left me here in Alabama so when he left I transferred the money to my savings account because he is a gambler and I know he sent money to some woman from Mobile Alabama back to Texas. The judge in Waxahachie, April the 12th this year and the judge and Kens lawyer was saying I committed a felony and Embezzled the money. I gave my lawyer the money back minus 9 thousand dollars which I used to live on. I just found out it was a Probate issue first but the judge and Kens lawyer seems to all work against me. We had a motion against me and asked my lawyer were there any reason Martha should be on the trust. Ken got all the money back minus what him and I spent and they are wanting to say the money Ken and I used the money to pay bills off. They removed me from the trust although Ken is the one who paid a lawyer 1,500 dollars to transfer to our joint saving account. Now his 3 children and him are wanting to say I did all of those bad things. The money came from my hardwork is where the money came from. I made a 100,000 plus home go to half a million and now they are trying to ruin me. Ken was cheating and he abandoned me with a niece in Alabama, I stayed a few months then now I am with a sister. I have no money, no care and only get 1,100 and he gets 8,000 plus a month. I am just terrified at what has been going on since April the 12th. Thanks for listening Martha Schell and records at Waxahachie Texas. I feel like I am walking into a tiger den down there and they are all attacking. My lawyer I have not talked to in a month and I am scared they will take me to Jail. MARTHA Schell.

  • @shamariotatum6606
    @shamariotatum6606 2 роки тому

    40957

  • @terrivenegas3198
    @terrivenegas3198 2 роки тому

    But what abt when the acct has been sold ,and it's a collector sueing u,can they do that

    • @fosterfosterpllc2063
      @fosterfosterpllc2063 2 роки тому

      Sometimes. Is it an actual judgment or just a debt? If it is a Judgment, did you receive notice of the Court case when it happened?

  • @Peacefully_Relaxed
    @Peacefully_Relaxed 2 роки тому

    This was very helpful! Thank you!

  • @trackmastersdj
    @trackmastersdj 2 роки тому

    My family has a pending Trust dispute case in Florida against a bad Trustee who stole everything. The person who was financing our lawsuit seems to have run out of money (after spending possibly around $300,000 so far). What are our options? We looked for a Trust litigation attorney who will take the case on contingency, but none of them will do that. It's such a difficult situation to be in. The decedent left his beneficiaries equal shares, but the bad Trustee stole everything at the last minute (through Undue Influence & Lack of Capacity of settlor's elderly, surviving spouse). What should be our next move here? Our attorney withdrew from the case recently and we're unable to find another one. Can you recommend a top (South Florida) Trust litigation attorney who will take the case on contingency?

    • @fosterfosterpllc2063
      @fosterfosterpllc2063 2 роки тому

      Let’s talk this afternoon. I probably only have about 15 minutes, but let’s not waste time. It can be hard to be effective jumping in last minute, but let’s talk about your situation and I’ll let you know what I would do in your situation.

    • @trackmastersdj
      @trackmastersdj 2 роки тому

      @@fosterfosterpllc2063 Today's not good for me. I'm available on Thursday.

  • @jl1090
    @jl1090 3 роки тому

    Does this apply to small claims court as well?

    • @fosterfosterpllc2063
      @fosterfosterpllc2063 3 роки тому

      In Texas, there is basically no discovery in Small Claims Court (Justice of the Peace Court). You can ask the Justice of the Peace to allow certain discovery and, generally speaking, they will allow it but given the fact that pretty much all cases out of "small claims" Courts have a "Trial De Novo" to County Court available (basically a do over) it isn't generally cost effective to do discovery in small claims Courts. There are, of course, many exceptions to this very general rule.

  • @maxsalim6005
    @maxsalim6005 3 роки тому

    I have a judgement against me , Houston back to 2009 is there any website I can check to see if it’s still active they never garnished my account

    • @fosterfosterpllc2063
      @fosterfosterpllc2063 3 роки тому

      You can call the Harris County Clerks and they will tell you. You can also look online right here: www.hcdistrictclerk.com/edocs/public/search.aspx

    • @fosterfosterpllc2063
      @fosterfosterpllc2063 3 роки тому

      I'd call the county or district clerk directly. Generally, you will find someone helpful. If you have the case number or other information ready, they will be even more helpful. Good luck.

  • @merciart3090
    @merciart3090 3 роки тому

    Than you for the info.

  • @olgavenegas5716
    @olgavenegas5716 3 роки тому

    WHAT IS THE LAW ON FIDUCIARY DUTY IN A DIVORCE WHEN ONLY ONE PARTY HAD REPRESENTATION ( AN ATTORNEY) WHEN THE BREACH OCCURED?

    • @fosterfosterpllc2063
      @fosterfosterpllc2063 3 роки тому

      Who breached their fiduciary duty? An attorney that represents a party owes them a fiduciary duty but does not owe the other party a fiduciary duty. Of course, other causes of action, like fraud, could be involved as well.

  • @frontiermarvin71
    @frontiermarvin71 3 роки тому

    I have a question ! I have received a fiduciary duty letter from my former employer , and they are asking for documents , drawings and information but I do not have anything . What should I do ? Can I sue them for harassment and posible discrimination ? Here in Texas

    • @fosterfosterpllc2063
      @fosterfosterpllc2063 3 роки тому

      The obvious thing to say is that you can’t give them what you don’t have. That said, without knowing more, it is hard to say what you should do. Are they potentially going to accuse you of some kind of dishonest behavior? If so, what kind? Are they saying you stole, violated a non-compete agreement, etc.? In regard to the question, “Can I sue?” The answer is yes… anyone can sue anyone for anything. The real question is… can you win? Getting money from them for sending a letter asking for something is not terribly likely. That said, facts matter in these things and we don’t have enough facts about what is going on here to give any specific advice on your specific matter.

    • @frontiermarvin71
      @frontiermarvin71 3 роки тому

      @@fosterfosterpllc2063 thank you for answering so fast ! The real problem I think it is that I'm working with an other former employee and he made a new company in the same industry. Now I'm working with new company . The information that I have it is in my head but those settings on a boiler were good on those boilers ! Pictures , digrams I had deleted from my phone because I don't need tem anymore . But I'm an ex employee why do I have a fiduciary duty to a company that I'm not with ? I see this letter as harassment and I felt that I was discriminated when i found out other got better pay !

  • @ivalinapasse2469
    @ivalinapasse2469 4 роки тому

    Excellent information and this is what Attorneys Need to hear and See How these Attorneys Have Tried to take Advantage and I will Prove My Case How you deal with Cowards and Cant Follow Through.

  • @davidhinz6495
    @davidhinz6495 4 роки тому

    Looking for assistance for a fraud case stemming from a trust in Eureka CA davidhinz59@gmail.com

    • @fosterfosterpllc2063
      @fosterfosterpllc2063 4 роки тому

      If you sent me a brief email to foster@fosterlawcenter.com along with a good number to contact you, I'll take a quick look at your situation and let you know what I would do if I were you.

  • @DestructionChannel
    @DestructionChannel 5 років тому

    in small claims court is it possinle for a defendant to back out of discovery after the defendant asked for discovery? Pleading yhat said defendant realizes they are in way over their head?

  • @merciart3090
    @merciart3090 5 років тому

    I so agree--- Concise exacting & sparse discovery is much more powerful than voluminous, massive, time wasting, resources. Excellence ethical lawyering.

    • @jl1090
      @jl1090 3 роки тому

      Quality and effective always rules over quantity...however you are saying there is no discovery in a trial in a JP court??...

  • @JohnFouke
    @JohnFouke 5 років тому

    This is extremely helpful information for me as there has been a No-Evidence Motion of Summary Judgment in my case. I'm confident I have more than the necessary scintilla of evidence. So here's my question: If the judge agrees that my evidence is valid, what happens then? Does the judge simply rule that the case should continue, or does the judge make a ruling that the case is over and enter a final judgment? I suspect it is the former. Thanks very much. I wish you were in Beaumont, TX, as my attorney resigned and I'm currently acting pro se.

    • @JJ-ix3sm
      @JJ-ix3sm 5 років тому

      If you are plaintiff and win the motion the case goes forward and they start to settle if their(defense) motion is the case is over and go to appl

  • @JohnFouke
    @JohnFouke 5 років тому

    The best legal information I’ve found on UA-cam. I appreciate your efforts to present this.