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Recent Blog Posts
What Does Undue Influence Mean in a Will Contest?
One of the most common grounds for contesting a will is claiming that another party - usually a named beneficiary - had an undue influence over the testator as she was creating her will. This claim is often made when one beneficiary spent a lot more time with the testator than the others around the time the testator executed her will. If the party who spent a lot of time around the testator was heavily favored in the will, it might create the appearance of undue influence. However, it is also common for older adults to see some family members more frequently than others, and this fact alone does not show that anyone pressured or convinced the testator to give him more than what she ordinarily would have. If you have concerns about how an undue influence claim might impact a probate case you are involved in, you should speak with an experienced Comal County, TX contested wills attorney.
3 Ways to Prevent Will Contests
If you are taking the time to create a will, you should be able to feel confident that your instructions will be followed. You have likely put a lot of thought into who you would want to take some of your belongings and who you want to leave money to. While will contests are somewhat rare, they do happen. There are steps you, as a testator, can take to reduce the chances that someone will challenge your will in court when you are no longer here to speak on your own behalf. Your intended beneficiaries might be at greater risk of going through a will contest if there is a lot of conflict among your family members if you have left nothing to someone who would naturally inherit from you if you did not have a will, or if you have particularly valuable assets. An experienced Comal County, TX estate planning attorney can help you strategize to prevent will contests before they happen.
Can I Evict a Tenant for Being Messy?
When you rent out a housing unit to someone else, you should be able to reasonably expect that your tenant will take care of your property while he is living there. Landlords frequently include language in the lease explicitly stating that the tenant has a duty to keep the unit reasonably clean. If you enter for an inspection and find that your tenant is extremely messy, to the point where his unit is something of a health and safety hazard, you may have grounds to start the eviction process. However, a landlord also cannot police a tenant’s housekeeping habits if the tenant is not violating the terms of the lease or creating a hazard for others. If you are considering evicting a tenant for lease violations due to the tenant’s failure to maintain the property, you need an experienced Comal County, TX landlord representation attorney.
Why Everyone Should Have Trusts
Trusts are an excellent estate planning tool and so much more. In addition to making the process of distributing your assets after you pass away, having the right kind of trust at the right time can also protect you during your lifetime. Depending on your individual needs and family situation, an experienced Wilson County, TX estate planning attorney might suggest creating several different trusts with different purposes. You do not need to be ultra-wealthy to benefit from having a few trusts in your name - a strong trust can serve the average family well. You should always work with a lawyer when creating your trusts. An estate planning attorney is in the best position to help you determine what types of trusts you and your family need and what assets should be contained in each.
Trusts for Medicare Recovery Protection
Elder care is enormously expensive, even for people who are financially well-off. The vast majority of individuals will eventually need Medicare to cover the cost of a nursing home and hospital care when it is needed. The problem is that Medicare can come after a patient’s assets to recoup its costs. Medicare recovery cases can deplete a person’s assets very quickly, which may leave his or her spouse in an impossible financial position and little to nothing left for the person’s intended beneficiaries. Having your assets contained in the right type of trust can protect your estate against Medicare recovery so that your property goes to your family instead.
Dealing With Undisclosed Maintenance Issues After Buying a Home
You just bought a house. Everything in the inspection report looks great. The seller did not disclose any problems with the home. A month after you move in, your sewer pipe backs up. You have a plumber come to clear out the pipe, and he discovers that your sewer pipe is full of sediment and needs to be replaced before it cracks. You are looking at about a $20,000 repair. When you ask the plumber why the issues did not cause a sewer backup until just now, he tells you that the pipe has probably clogged and been cleared several times, but no one went ahead with the more permanent repair. This means the person who sold you this home almost certainly knew about the problem and deliberately failed to disclose it. What can you do? A San Antonio, TX home buying attorney can help you understand your legal options and take action.
How to Choose a Medical Power of Attorney
When you are creating important documents like your living will and medical powers of attorney, you might hear a lot of jokes about someone "pulling the plug on you." Some people worry about the possibility of a family member giving up too soon and stopping treatment. Other people, especially those who are already becoming elderly, might worry about the opposite - that a family member will continue life-prolonging care long after you have lost all quality of life and would have preferred to be allowed to pass away peacefully. Who you choose as your medical power of attorney should depend on your personal goals, hopes, and fears. An experienced San Antonio, TX estate planning attorney should help you finalize these documents.
Why a Living Will is Important for Everyone
No matter how much you trust your medical POA to carry out your wishes, a living will or advance medical directive is absolutely necessary. This document instructs your doctors directly regarding what type of care you would and would not accept if you could no longer speak for yourself. It can work to limit the decisions your POA could or could not make. This document may also help to guide your POA if they are struggling with a decision, as it clearly sets out your wishes.
What Is the Difference Between Revocable and Irrevocable Trusts?
A trust is a valuable and essential tool in estate planning and carries many advantages. A grantor who places his or her assets in a trust can have more control over how they are distributed, and beneficiaries of a trust can bypass the harrowing probate court process that oversees the execution of a will. A trust works by assuming ownership of any asset that is transferred, which avoids certain legal procedures and requirements. While there are many types of trusts for various purposes, they fall into two main categories: revocable trusts and irrevocable trusts. There are significant pros and cons to each, so consult with a Texas estate planning attorney about which trust would be right for you.
What Is a Revocable Trust?
A revocable trust, also referred to as a living trust, can be changed, terminated, or revoked by the grantor at any point during his or her lifetime as long as he or she has the mental capacity to do so. Advantages of a revocable trust include:
What Does a Home Seller Have to Disclose in Texas?
Real estate transactions are complex and involve strict legal obligations for both sides. One of the seller’s main obligations is to make disclosures about the property to the potential buyer. This can be a difficult part of the transaction for some home sellers who are concerned that disclosing imperfections about the property may jeopardize the sale. However, Texas law requires sellers to provide the buyer with a seller’s disclosure notice that details any flaws or defects with the home or property. For more details about disclosures or any other real estate matter, contact a qualified Texas real estate attorney.
What Is a Seller’s Disclosure Notice?
Texas law requires sellers of single-family residences to complete a seller’s disclosure notice. This is a form provided by the Texas Real Estate Commission (TREC) that notifies the buyer of the property's condition according to the seller’s knowledge. For example, the seller should disclose facts about the home’s structure, appliances, electrical systems, sewage systems, and more.
How Can Businesses Protect Themselves from Partnership Disputes?
Two or more people who want to enter into business together can either form a company or a general partnership. Partnerships have certain qualities that might make them a more attractive option to some entrepreneurs, such as management structures and tax arrangements. They can also be a great way for people to combine skills and resources.
However, partnerships have the potential to break down and result in legal disputes that can jeopardize the business. Partners should, therefore, take extra care to prevent such disputes by following certain steps. The best way to protect a partnership from legal disagreements is to hire a Texas business litigation attorney who will guide you through the following measures.
Create a Strong and Detailed Partnership Agreement
Establishing a robust partnership agreement is one of the best ways to prevent disputes. A contract that preemptively addresses issues and defines responsibilities can forestall a breakdown in the business. A strong partnership agreement should include:
How Can an Estate Executor Defend Against a Breach of Fiduciary Duty Claim?
Estate fiduciaries have a legal obligation to carry out the wishes specified in estate documents. An executor, for example, is responsible for implementing the instructions in a will. A trustee is charged with fulfilling the directives in a trust. Both of these fiduciaries must act in the best interests of the estate owner or principal, a legal obligation that is referred to as a fiduciary duty.
Sometimes, the beneficiaries of a will or a trust may accuse the executor or trustee of a breach of fiduciary duty. This is a serious allegation that can result in civil penalties, which is why you should seek representation from a Texas estate litigation attorney if you are facing such accusations.
What Does Fiduciary Duty Mean?
Fiduciary duty can be broken down into two main elements:
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Duty of loyalty: The fiduciary has a responsibility to stay true to the interests of the principal and not take actions that are self-serving or for self-gain.
14603 Huebner Rd., Bldg. 32, San Antonio, TX 78230
210-535-0870
