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Recent Blog Posts
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.
How Does a Special Needs Trust Work
People with disabilities may be eligible to receive government assistance like Medicaid, Social Security Disability Insurance (SSDI), and Supplemental Security Income (SSI). However, these programs are means-tested, which means they are only available to those who have limited financial means. If a disabled person has more financial resources, or if his or her family wants to provide additional assistance, it could jeopardize the person’s eligibility for government programs.
A special needs trust is a legal solution that allows people with disabilities to have financial resources while still being eligible for government assistance. This article will discuss how a special needs trust works in Texas, the different types of special needs trusts, and how to contact a Texas estate planning attorney for more details.
How Does a Special Needs Trust Work?
When assets are placed into a special needs trust, they become owned by the entity. Since the beneficiary — in this case, the person with the disability — does not have ownership of the funds, he or she can still qualify to receive assistance like Medicaid and SSI.
5 Things to Include in a Living Will
Estate planning often focuses on making arrangements for after you pass away. Many wills and trusts, for example, allow estate owners to distribute assets to their beneficiaries after death. Other documents, however, are designed to ensure your wishes are carried out during your lifetime. One of those documents is called a living will, also known as an advance directive. A living will contains instructions for your healthcare in the event you become incapacitated and are no longer able to make decisions for yourself.
Living wills should convey your wishes exactly, which is why they are best drafted by an experienced Texas estate planning attorney. Consider discussing with your lawyer the following five things to include in your living will.
Your Preferences for End-of-Life Care
A living will should address the possibility that you might contract a terminal illness. Include your preferences for end-of-life care such as pain management and palliative treatments. You may, for example, want to consider specifying whether you wish to receive hospice care at home or in a facility, or whether you want aggressive or more balanced pain relief.
What Are the Most Common Causes of Breach of Contract?
Contracts are the backbone of a business. They set expectations, define relationships, and provide protection for people and business assets. If a contract is breached, it can cause severe damage to an enterprise. Small businesses in particular are vulnerable to breaches of contract, whether by employees, vendors, partners, or clients. They are often hardest hit by losses of revenue and operational damage resulting from a breach of contract. That is why small businesses should make sure to retain an experienced Texas commercial litigation attorney who will help repair the damage caused when an agreement is violated.
What Are the Most Common Causes of Breach of Contract?
The first step to avoiding a situation where a contract is breached is to understand the most common causes for violations of business agreements. These include:
- Failure to perform: People and companies who are contractually obligated to perform certain tasks do not always do so or do not do so according to the contract terms. An employee who sleeps on the job, for example, can be considered in breach of contract. The same can be said of a contractor who oversees a sloppy renovation.
5 Legal Risks FSBO Sellers Face
Real estate owners who want to sell their properties can do so in one of two ways: through a realtor or on their own. The latter option is referred to as a "for sale by owner" (FSBO) transaction. Some sellers choose it because it allows them to cut costs by avoiding the realtor’s fee. However, as we will see below, FSBO sales come with certain legal pitfalls. These can be avoided by hiring a Texas FSBO real estate attorney who will help manage these risks and protect your interests throughout the transaction.
Here are five legal challenges FSBO sellers face.
Errors in Drafting the Purchase Agreement
The purchase agreement between the buyer and seller is the beating heart of the transaction. When the sale is facilitated by a realtor, he or she produces the purchase agreement. In an FSBO sale, however, the responsibility falls to the owner. Drafting the contract by yourself is a risky task because any errors you make can lead to legal trouble down the line. A real estate lawyer is the best resource for drafting a strong FSBO purchase agreement.
14603 Huebner Rd., Bldg. 32, San Antonio, TX 78230
210-535-0870
