Question

Hi,

My wife and I got married 5 years ago. We bought a house in Houston two years ago for almost 300k, and I put down 150k as a down payment. That came from my inheritance. I got that after my parents died four years ago.

Can I get my down payment back? What are my options? My friend works at a law firm and said the court will just split the house 50/50 and ignore my down payment. Is that likely? It’s really unfair if that’s how it works.

Anyway, thanks for your time! It’s almost midnight, so I’m guessing no one’s available, but whenever you guys are back…

Thanks,

Benji

Benji clicks “submit”, and then his question goes out to our Attorney Pool. A divorce lawyer picks it up 30 seconds later, does some research and thinking, and emails the following to Benji a few minutes later:

Answer

Hello Benji!

My name is John, and I'm the divorce attorney who will be assisting with your question. I'll be drawing on my 9 years of experience as a Texas divorce attorney to offer some guidance. And no worries about the time, I’m here!

So, Texas, which is a community property state, assets acquired during the marriage are generally considered community property.

But there are exceptions for separate property, which includes assets like inheritances, even if received during the marriage. Since you used money from your inheritance for the down payment on your marital home, it may still be possible to claim that as your separate property.

The key here is tracing. You’ll need to provide clear evidence that the funds used for the down payment came directly from your inheritance.

Documents like bank statements, inheritance records, or transaction receipts showing the flow of money from the inheritance to the down payment will be critical to getting that money back before the court splits the remaining value of the house as part of the divorce settlement.

Please let me know if you have any questions about that. I’m here for you!

Question

I recently went on a trip to Venezuela and met an amazing woman. I know what it sounds like but the connection is real, it’s not some greencard scam.

So we’ve been talking about her coming to the U.S. so we can get married and start a life together here. I’m a US citizen by the way. I’ve heard about the 90-day fiancée visa program and want to know how it works.

Can she qualify for it? Can I? What steps do I need to take? Are there any red flags or pitfalls I should watch out for, in your experience? Just wanna do this right and not waste time with mistakes, thanks.

The anonymous person clicks “submit”, and then his/her question goes out to our Attorney Pool. An immigration defense lawyer picks it up 50 seconds later, does some research and thinking, and emails the following to him/her a few minutes later:

Answer

That’s wonderful to hear, and congratulations! I’m Sandra, I’ve been practicing immigration law in Florida for the past 12 years, and I’ll be tackling your questions today.

The 90-day fiancée visa, officially known as the K-1 visa, allows your fiancée to enter the U.S. so you can get married within 90 days. Once married, she can apply for a green card to stay permanently.

To qualify, you must be a U.S. citizen, both of you must be legally free to marry, and you need to have met in person at least once in the last two years. So, pretty easy to qualify!

You’ll file Form I-129F with U.S. Citizenship and Immigration Services (USCIS) to start the process. This will include proof of your relationship, such as photos, text exchanges, and affidavits from friends or family.

I’ve helped dozens of clients through this process, and in my experience, the top things to watch out for are:

1. Ensure her intent is genuinely to marry and build a life with you, not just for immigration purposes.

2. Be prepared for the consular interview, where she’ll need to answer questions about your relationship.

3. Any past criminal issues, misrepresentation, or prior visa overstays could complicate things.

Once she arrives, you must marry within 90 days. If not, she’ll need to leave the U.S., or she risks deportation.

Thanks for your questions! I’ll be standing by in case you have any more.

Best,

Sandra

Question

Hey,

So I was recently hit with misdemeanor assault charges, I’m in New York. I’m really overwhelmed. The charge came from a confrontation where things escalated quickly at a bar.

I didn’t intend to hurt anyone but he swung at me first, I swung back and then pushed him away, and that’s literally it, but he’s pressing charges.

Can they put me in prison for this? What am I looking at for penalties? Wasn’t this self-defense? Can I negotiate something with the prosecutor?

Also, are you guys working over the weekend? There’s no extra charge if you are, right? Just needed a quick answer today, if possible.

Thank you,
Andre

Andre clicks “submit”, and then his question goes out to our Attorney Pool. A criminal defense lawyer picks it up 45 seconds later, does some research and thinking, and emails the following to Andre a few minutes later:

Answer

Dear Andre,

Thank you for reaching out, and I’m sorry to hear about your charges. It’s great you’re taking proactive steps to address this.

My name is Eric, and I’ve been a criminal defense attorney in New York for the past 10 years. I also have experience as a prosecutor, so I’ll be drawing on that for your questions.

Yes, this Hotline’s open 24/7. Days, nights, weekends, holidays, etc. When you send in a new question, it pops up on my phone. So as long as I’m awake and not in the middle of something, I’ll see it, look it over, and if I can answer, I’ll answer pretty quickly for you. It’s no extra charge after hours, no worries!

In New York, misdemeanor assault is typically charged under Assault in the Third Degree (NY Penal Law § 120.00). The penalties can include up to one year in jail, probation, community service, and/or fines.

Now, that doesn’t mean everyone gets prison time. In fact, at least in my experience, prison time is unusual in cases like yours. You’re far more likely to just be dealing with fines and community service, if the other person started it and all you did was throw one punch and then push them away.

Considering they started it, you may have a defense. If you acted in self-defense or lacked the intent to cause harm, these could be viable defenses.

Witness statements and video footage will be crucial in proving either or both defenses, and if you can prove either defense, then the charges should be dropped.

For plea deals, yes, you can negotiate to reduce the charge to a non-criminal offense, like disturbing the peace, which carries far fewer penalties. This often depends on your prior record, the specific facts, and the willingness of the prosecutor.

This is where hiring a lawyer can help. Defense lawyers like me used to be prosecutors, so we know how prosecutors think. We also see them every week in court, so we know them on a personal level. We know what kinds of evidence they find convincing and what to say to get their attention.

It would cost around $2,000 dollars to hire a defense lawyer to negotiate a misdemeanor, and like a few thousand more for trial, but believe me, there’s nothing more expensive than a cheap lawyer or no lawyer at all.

Best regards,
Eric

Question

I got a text from the IRS, saying I owe back taxes and that if I don’t pay immediately, they’ll send me to jail. They showed me a court order and everything.

They gave me a link to pay online, but it feels off. I don’t want to go to jail. Can you know for sure if this is a scam? I know maybe it is but I really can’t risk prison over this, I have two kids and I’m a single mom, please help ASAP, they said I have until the end of the day.

Please and thanks,

-Sarah

Sarah clicks “submit”, and then her question goes out to our Attorney Pool. A consumer protections lawyer picks it up almost immediately, does some research and thinking, and emails the following to her a few minutes later:

Answer

Good morning, Sarah, and thank so much for coming to the Access to Justice Hotline. My name is Timothy, and I’ve spent the better part of the last 15 years putting scammers behind bars as a criminal prosecutor here in Pennsylvania.

I’m so glad you reached out—this absolutely sounds like a scam. The IRS, according to its own website, does not communicate with taxpayers via text message, social media, or unsolicited emails, especially to threaten legal action or demand immediate payment. If they have any threats to make, they make them in court and only in court.

Here’s how you can tell this is a scam:

1. The IRS doesn’t use texts for tax collection. Official IRS communication comes through letters mailed to your address.

2. Threats and urgency: Scammers often use fear tactics, like threatening jail time, to pressure people. The IRS doesn’t operate this way.

3. Payment methods: The IRS won’t demand payment through gift cards, cryptocurrency, or suspicious links. Legitimate tax payments are handled through the IRS website or other approved methods.

Here’s what to do next:

• Do not click any links in the text or reply to it.

• Report the scam by forwarding the text to 7726 (SPAM) and also reporting it to the IRS at phishing@irs.gov.

• Block the number to prevent further messages.

Remember, the more you respond to the scammer, the more motivated they will be to keep bothering you and giving you these empty threats. They want to get some free money out of you. If you ignore them long enough, they will move on to the next potential victim.

If you’re genuinely concerned about your taxes, you can call the IRS directly at their official number (1-800-829-1040) to verify your account status.

Ok? Stay vigilant! Scammers rely on urgency and fear to trick people.

I hope that helps, I’m here for you if you have any questions about that, and I look forward to your next questions!

Best,

Tim Langley, Esq.

Question

I don’t know if you all do education law, but I’m the mom of a 12-year-old in middle school girl.

She has severe ADHD and a learning disability, and the school’s really failing her, dragging their feet on the accommodations she needs.

So like they gave us a 504 Plan, but it’s clearly not enough. She’s behind in reading and math. School says she won’t qualify for special ed.

So what can I do? Or am I out of luck on this, just need to homeschool at this point? I’m in Illinois btw.

She clicks “submit”, and then her question goes out to our Attorney Pool. An education law attorney picks it up, does some research and thinking, and emails the following to her by the end of the day:

Answer

Good afternoon, and thank you for your questions. My name is James Anderson, and I am an Illinois education lawyer.

I’m so sorry to hear about the challenges your child is facing. It’s clear that you’re a dedicated parent who wants the best for her, and yes, you do have some great options to advocate for your daughter’s needs.

First, if the 504 Plan isn’t meeting her needs, you have the right to request a formal evaluation for special education services under the Individuals with Disabilities Education Act (IDEA).

Schools are required to provide a Free Appropriate Public Education (FAPE) to eligible students, which may include an Individualized Education Program (IEP).

Here’s what you can do:

1. Request an evaluation in writing. Address it to the school principal or special education coordinator. Be specific about your concerns and why your child needs an IEP.

2. Know your rights. If the school denies the evaluation, they must provide a written explanation called a Prior Written Notice (PWN). You can then request an independent educational evaluation (IEE) at the school’s expense.

3. Review the 504 Plan. Ensure it includes accommodations that specifically address her ADHD and learning disability. For example, extra time on tests, a quiet workspace, or assistive technology might help.

If the school continues to refuse, you can request mediation, file a complaint with your state’s Department of Education, or request a due process hearing to challenge their decision.

You’re not alone in this, and there are many advocacy groups and resources to guide you. The law is on your side, and we’re on your side, to ensure your child gets the support she needs to succeed.

All the Best,

James

Question

Dear Lawyer:

I hope this finds you well. Is anyone here on a Friday night? I don’t care about the refund in 24 hours, if you need more time.

Anyway, I’m currently represented by a lawyer in Texas, but I’m struggling to get in touch with him. He won’t return my calls or respond to my emails, and it’s been a month since I’ve had any communication at all.

He charged $4,000 upfront and I’m getting nothing out of it. Who knows if he’s even working on my case. I feel completely in the dark about my case and what’s going on.

I don’t know if I can continue with them, but I’m unsure of my options. Can I change lawyers? What are my rights here? Can I get my money back?

Thank you for your time.

Sincerely,
Lauren Smith

Lauren clicks “submit”, and then her question goes out to our Attorney Pool. A lawyer quickly picks it up, does some research and thinking, and emails the following to her within 10 minutes:

Answer

Dear Lauren,

I’m so sorry to hear about. Yes, I’m here on a Friday night! These messages come in as texts for me, so I can see them whenever, even when I’m out of the office.

As a fellow Texas lawyer, let me say that what my colleague has done to you is not acceptable and may even constitute an ethics violation.

Lawyers have a duty to communicate promptly and keep clients informed about their cases. The Texas Disciplinary Rules of Professional Conduct require your lawyer to act diligently and respond to reasonable client inquiries. Ignoring calls and emails for weeks can breach this duty.

You do have the right to change lawyers, anytime and for any reason or no reason. If you decide to make a change, you should notify your current lawyer in writing. They are obligated to provide your file to you and cooperate in the transition.

You can also file a grievance with the State Bar of Texas if you believe their conduct violates ethical standards. While this won’t resolve your case directly, it may hold them accountable.

If you need assistance finding new representation or navigating this grievance process, just let me know and I’d be happy to help. Your case is important, and you deserve an attorney who takes that seriously.

I hope this clarifies your options and rights. Please feel free to reach out if you have further questions.

Warm regards,
Shawn

Question

My name is Jack Rivas and I need your help please. I was recently hit by a car. I’m in Los Angeles. The accident wasn’t my fault at all, I was riding a bike to make a delivery (I’m an Uber Eats driver).

I was going through a green light when the car on my left turned into me and threw me off the bicycle. Now I’ve got like 8k in medical bills, I can’t make deliveries with this broken arm, I literally can’t sleep at night it hurts that bad, just aching.

I don’t want to make any mistakes with this injury case, but I also don’t want to hire a lawyer and lose a bunch of the money I do get to lawyer fees, so I could really use your help. Please don’t charge me any more, I really can’t afford it.

Sincerely,
Jack Rivas

Jack clicks “submit”, and then her question goes out to our Attorney Pool. A personal injury lawyer picks it up almost immediately, does some research and thinking, and emails the following to her a few minutes later:

Answer

Dear Jack:

Thank you for reaching out and sharing what happened. My name is Rebbecca, I am a California injury lawyer with over 20 years of experience, and I’m truly sorry to hear about your accident and the challenges you’re facing.

Based on what you’ve described, it sounds like you may have a strong injury case. In California, if another party’s negligence caused your accident, you could seek compensation for medical bills, lost wages, pain and suffering, and other damages.

The most important step you can take right now is to document everything—keep records of your medical visits, bills, and any communication with the responsible party or their insurance company.

Since it can take many months to get to trial, try to also document how you’re feeling, day by day, in a journal. That may become admissible at trial, and it would refresh your memory about the minor details of what you’re going through now.

Avoid discussing fault or settling directly with insurance adjusters without legal advice—their one and only goal is to undervalue your claim and trick you into settling for less. They are not your friends.

Also, there are strict deadlines (statutes of limitations) in California for filing personal injury lawsuits, so acting quickly is crucial.

I understand you’d like to save some money by handling this yourself. But you don’t have to face this alone. There’s nothing more important than your health and financial wellbeing.

Wishing you a smooth and recovery!

Rebbecca