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Recent Blog Posts
Protecting Your Company’s Future with a Strong Employee Handbook
Creating a detailed employee handbook is one of the best things an employer can do to communicate work expectations, formalize policies and procedures, foster a positive company culture, and reduce the risk of litigation. Unfortunately, many companies neglect this crucial responsibility or rely on an employee handbook that is outdated, vague, or unenforceable.
In this blog, we will discuss some of the most important elements to include in your employee handbook. For personalized advice catered to your company’s specific needs, work with a San Antonio business law attorney familiar with employment concerns.
Anti-Harassment and Anti-Discrimination Policies
Discrimination, sexual harassment, and related issues have never been more pressing than they are now. A lawsuit against your company alleging discrimination or harassment has the potential to completely derail your business’s success, harming your company’s reputation permanently. Your employee handbook must clearly state your company's policy regarding harassment and discrimination, including how an employee should report harassment or discrimination.
Five Tips for Discussing Your Estate Plans with Your Loved Ones
Creating a will, trust, and other estate planning documents is a crucial responsibility that many people procrastinate as long as possible. This hesitancy is understandable. After all, it is very uncomfortable to consider your own death.
However, estate planning is important for every adult, regardless of age, health, or income level, and discussing your estate plans with your loved ones is an essential part of the estate planning process. It is important for key individuals to understand their roles in end-of-life decision-making and for beneficiaries to know what to expect in terms of inheritance.
Discussing your estate plans ahead of time can give you valuable peace of mind and help reduce the chances of a will contest or other legal disputes upon your death. As you prepare to have “the talk” with your friends and family, consider the following tips.
Choose the Right Time and Place
Legal Issues Facing Car Dealerships in San Antonio
Owning and operating an automotive dealership comes with its fair share of complexities and challenges. Dealerships may find themselves in legal disputes with customers, vendors, and other parties. They must comply with local, state, and federal laws and regulations - and even a simple oversight can lead to significant penalties for non-compliance.
If you currently own a dealership or plan too soon, understanding your legal responsibilities is crucial. Consider working with a business law attorney who understands the unique intricacies involved in this type of business and can help steer you in the right direction. In this blog, we will discuss just some of the many laws and regulations you need to be aware of as a car dealership owner.
Used Car Buyer’s Guide
The Federal Trade Commission Buyers Guide law requires certain information to be prominently displayed in a used car that is for sale. You'll need to clearly state whether the vehicle comes with a warranty, and if so, what the warranty covers and for how long. You must also include the vehicle make, model, and year, as well as the vin number. Failure to comply with FTC regulations can lead to costly civil penalties.
Potential Advantages and Disadvantages of a For Sale by Owner Transaction
When preparing to sell your home, there are seemingly countless decisions to make. One of the most crucial decisions involved with a sale is whether you will work with a real estate agent or sell your home on your own. If you are the type of person who likes to take matters into your own hands and you are looking to reduce expenses, you may be interested in a “for sale by owner” (FSBO) transaction. However, it is important to be aware of the advantages and potential disadvantages of an FSBO sale.
Why Would Someone Want an FSBO Sale?
The main reason that homeowners look into FSBO sales is that they want to avoid paying a commission fee to the listing agent. Depending on your home's value, a commission fee can represent a significant financial loss. Selling your home on your own avoids this expense.
Another reason people may want to sell their home without the assistance of a real estate agent is to streamline the process and complete the sale more quickly. According to one study, just under 80 percent of FSBO homes sold within two weeks. FSBO is also a popular option for selling a home to a family member, friend, or someone the seller already knows.
How to Choose the Right Power of Attorney
While estate planning often focuses on the distribution of assets after a person's death, it is also essential to plan for the possibility of incapacitation. An unexpected injury or severe illness can happen to anybody. Establishing a power of attorney allows you to designate an individual to speak on your behalf when you cannot communicate your wishes yourself. However, choosing the person or persons who will act as your power of attorney can be a significant challenge. Keep the following considerations in mind as you choose your power of attorney.
Consider the Characteristics You Are Looking for in a Power of Attorney
Acting as power of attorney for somebody else is a major responsibility. Start by making a list of the characteristics you are looking for in a power of attorney agent. Of course, it is important to choose somebody who is trustworthy. This person will be tasked with making medical or financial decisions on your behalf, so you want to make sure they will make the decisions in accordance with your wishes. It may be helpful to select somebody who has similar personal or religious beliefs to yours.
Consequences of Worker Misclassification Can Derail Your Business
Many businesses staff their company with a mix of independent contractors and employees. They may rely on employees to manage departments and handle everyday operations, while they rely on independent contractors to provide specific services on an as-needed basis. Unfortunately, many businesses find themselves in hot water because they accidentally confuse these worker classifications.
Texas Law Regarding Worker Misclassification
The differences between employees and contractors may seem obvious at first glance, but knowing how to classify a worker is often more difficult than it seems. The Texas Workforce Commission lists 20 points to consider when determining how to classify a worker, such as:
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Contractors receive instruction regarding how, when, and where work must be performed while contractors have a much greater degree of freedom with regard to how work is completed.
What to Include in Your Texas Residential Lease Agreement
Renting property to tenants can be lucrative and personally rewarding for Texas real estate owners. However, it is vital to ensure that the terms of a rental agreement are clearly outlined in an enforceable legal document. Residential lease agreements with missing provisions, vague language, or unclear terms put you at risk of disputes and costly litigation. As a landlord, it is your responsibility to ensure that your lease agreement protects you and your tenants.
Writing a Strong Residential Lease Agreement
The lease serves as the foundation of the tenant-landlord relationship. It is important that the document is carefully drafted, outlining all the necessary legal details of the arrangement. The following are some essential elements to include in a Texas residential lease agreement:
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Rent payments - One of the most important issues to clarify in your lease agreement is the amount of rent to be paid by tenants. Make sure to include how much the rent is, when rent is due, and how the tenants should pay the rent. Go into detail about the acceptable payment methods, what happens if a rent check bounces, and whether late fees will be charged if rent is late.
3 Reasons You Should Consider a Living Will
When discussing estate plans, people often emphasize the financial aspects of the estate planning process, such as asset distribution and tax issues. However, estate planning involves much more than property-related decisions.
A living will is an estate planning document used to make decisions about medical treatment. Have you ever thought about whether you would want to receive supplemental feeding or artificial ventilation if you became terminally ill? What are your thoughts about organ donation? A living will answer these questions and more. When creating a living will, you can decide what medical treatments you would want to receive if you become incapacitated. Drafting a living will is not only important for you, but also for your loved ones.
A Living Will Lets You Determine What Medical Treatment You Will Recieve
How to Avoid Probate When Transferring Real Estate to Heirs
Probate is the process of confirming that a deceased person’s assets are distributed correctly. If the person had a valid estate plan, the assets are distributed according to that plan. If the person did not have a will or any other estate planning documents addressing asset distribution, the assets are distributed according to Texas's intestate succession laws.
With regard to real estate, the process of passing a home down to heirs varies in complexity. There are several estate planning options available that greatly reduce or eliminate the role of probate in a transfer of real estate property. However, if an individual passes away without setting up estate planning instruments designed to avoid probate, the process is much more complicated.
Options for Avoiding Probate when Transferring a Home, Rental Property, or Vacation Home
A person’s home is often one of the most valuable assets they own. If you intend to transfer your home or another real estate property to your loved ones upon your death, make sure you understand the various ways of doing so. You can save your surviving loved ones substantial time and expense by designing your estate plans in a way that avoids probate for real estate assets.
Is a No-Contest Clause Enforceable in Texas?
For many people, one of the biggest concerns regarding estate planning is that their family members will argue over the terms of asset distribution. When this happens, the situation may lead to a will contest which can cost substantial time and money for everyone involved. Even more concerningly, will contests can lead to family disputes and intense animosity that lasts years.
To prevent these arguments, some estate plans include a no-contest clause or forfeiture clause. A no-contest clause states that if any beneficiary of an estate challenges the terms of the will in court, they may forfeit their inheritance altogether. Some states do not allow no-contest clauses. However, these provisions are allowed in Texas estate plans.
What is a No-Contest Clause in a Will?
A no-contest clause discourages a beneficiary from contesting or challenging the will. If a beneficiary does contest the will, this clause may allow the executor to exclude that beneficiary from receiving their inheritance. For example, a no-contest clause may say, "If any person contests or attempts to contest the validity of this agreement, he or she forfeits his or her share of the inheritance."
1602 N. PanAm Expressway, San Antonio, TX 78208
210-535-0870
