The Silsbee Bee (Silsbee, Tex.), Vol. 68, No. 14, Ed. 1 Thursday, May 8, 1986 Page: 12 of 30
This newspaper is part of the collection entitled: Silsbee Area Newspaper Collection and was provided to The Portal to Texas History by the Silsbee Public Library.
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Q. I have not been treated
fidrly by my company, and I am
ruing for breach of the employ-
ment contract. 1hit breach hat
canted me considerable tention
and emotional suffering, be-
yond the economic lott. Am 1 •
entitled to compensation for
thit suffering?
A. Unless the breach also
included a physical injury, this
type of lawsuit does not usually
result in damages for mental
anguish. Ordinarily, you will be
entitled to recover the amount
you would have earned if the
contract had not been breach-
ed. At the same time, you are
expected to find another job to
lessen the economic loss.
If you can prove that your
employer acted willfully, ma-
liciously, or fraudulently, you
might be able to ask for
exemplary damages, which
would take into account your
emotional upset.
Q. hold stock to an out-of-state
bank. I received a check for lets
than the amount owed with no
explanation. I have written but
received no answer. What can 1
do now?
A. Assuming the stock you held
was registered and publicly
traded, the* bank may have
placed your stock with their
brokerage service, set up an
account for you, and deducted a
3 percent commission from the
selling price for selling your
stock. However, they may not
have been authorized to deduct
the fee.
Check your underlying docu-
ments. If you do not have a
broker confirmation, send a
second request for an explana-
tion and then ask the Securities
and Exchange Commission
whether the bank had the
authority to deduct a fee.
Q. Can an adopted child ttiU
inherit even if the changes her
name back to that of her
biological father ?
A. Yes. Names do not deter-
mine legal status in Texas. The
parent-child relationship was
established by a State District
Court. Only a gourt of compe-
tent jurisdiction can interrupt
the relationship „
Q. If I grow unable to manage
my own affairs, I am afraid a
very pushy cousin of mine will
get appointed my guardian. I
do not want him to manage my
money, but I may be too sick to
defend mytelf. What can I do?
A. You now have two choices
under Texas law, and you
should do both of them. First,
give Power of Attorney now to
someone you do trust, who will
be able to manage for you, even
arranging for your health care.
Second, sign one of the new
declarations authorized by the
1985 Legislature, that allows
you to appoint your own guard-
ian, And to declare who you do
not want appointed, today,
when you are still well and
able.
Q. My father hat been married
teveral timet. Since we are not
a clote family, I only recently
learned that he has accumulat-
ed quite a fortune. What hap-
pens to my inheritance if my
father dies before his present
wife doet?
A. If your father dies without a
will, most of his separate
property-that is, owned before
marriage--goes to his children
equally. His half of community
property goes entirely to his
children. If he has written a
valid will, however, the will
controls. He may leave his
estate to anyone he wishes.
Q. If a man murders his wife
and it tent to prison, will he
still inherit all her estate after
he at served hit time?
A. Texas courts have held that
a murderer cannot inherit from
the estate of his victim. The
courts held that one who mur-
ders someone in order to in-
herit cannot be unjustly enrich-
ed and may not profit from the
- wrongful conduct.
The inheritance will thus be
treated as if the victim had no
husband at the time of her
death. Her will will be read to
exclude him, or the laws of
intestacy will mandate a distri-
bution to other survivors.
Hearing Damage
The FDA is warning consum-
ers that cordless phones can
cause hearing damage when the
ringing mechanism is located in
the earpiece.
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Read, R. L. The Silsbee Bee (Silsbee, Tex.), Vol. 68, No. 14, Ed. 1 Thursday, May 8, 1986, newspaper, May 8, 1986; Silsbee, Texas. (https://texashistory.unt.edu/ark:/67531/metapth820375/m1/12/?q=%22~1~1%22~1: accessed July 15, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Silsbee Public Library.