Posted on February 28, 2024 in Estate Planning and Probate

Being named as a beneficiary in a loved one’s will can be a blessing, but it sometimes leads to conflict within families. When a family member falsely contests a will purely out of spite or greed, it can be incredibly frustrating and stressful for the rightful beneficiaries. If you find yourself in this situation as a beneficiary, working with a Texas lawyer is an ideal first step.

Talk to the Executor

The first step is to talk to the executor named in the will. As the executor, it is their duty to carry out the terms of the will and defend it against contests. Explain to them that you believe the contest is completely meritless and ask what they plan to do about it. Hopefully, they will agree with you and be willing to dispute the contest.

Gather Supporting Evidence

Your attorney will help you gather evidence showing the will accurately reflects what the deceased wanted to happen with their estate. This might include competency testimonials from people who interacted with them near their time of death, showing they had full mental capacity. It might also include evidence demonstrating the nature of your relationship and communications showing their intent to provide for you.

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 Posted on February 23, 2024 in Real Estate

Entering into a major commercial transaction can be an exciting yet daunting process. As a business owner in Texas, you want assurance that you are making the right decision before signing on the dotted line. A Texas lawyer can break down key considerations when moving forward with a commercial deal.

Perform In-Depth Due Diligence

Thorough due diligence is crucial before finalizing any commercial agreement. You will want to verify the other party’s financials, inspect assets, and conduct interviews. Look for any red flags that could indicate potential issues down the road. Background checks on key personnel are also advised. Do not be afraid to ask lots of questions and dig deep, as this is your last chance to uncover deal breakers. Complete due diligence protects you legally and financially.

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 Posted on February 20, 2024 in Real Estate

Buying a home can be an exciting yet stressful time. As a buyer, you want assurance that the property you purchase does not contain hidden defects or hazards that could cost you time and money down the road. Disclosure laws exist to protect buyers by requiring sellers to reveal known property conditions upfront. However, sometimes, sellers fail to make legally required disclosures or even actively conceal issues. Asbestos is one common area where lack of disclosure frequently occurs. If you learn the home you purchased contains asbestos, working with a Texas real estate lawyer may help.

Consult an Asbestos Professional Immediately

If you discover undisclosed asbestos post-purchase, the first thing to do is consult an asbestos abatement company. Have a certified asbestos inspector assess areas where asbestos is present, the type of asbestos, and the amount. If you decide to take legal action, providing documentation on the scope and location of asbestos early on builds your case. A professional can advise you on containment options, removal costs, safe management protocols, and health risks associated with asbestos exposure in your case. Knowledge truly is power when asbestos gets uncovered, so turn to the experts right away.

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 Posted on February 12, 2024 in Estate Planning and Probate

Purchasing commercial real estate can be a major financial investment that could lead to legal complications down the road. Having an experienced real estate attorney represent you throughout the process is crucial to protect your interests as the buyer. There are several reasons why you should have a Texas commercial real estate lawyer on your side during the process.

Experience With Complex Agreements

Commercial real estate agreements contain a lot of legal jargon and financial terms that can be confusing for those without expertise. An attorney who specializes in commercial real estate regularly handles purchase and sale agreements, leases, financing documents, and other contracts associated with these transactions. They understand the implications of each clause and can negotiate favorable terms on your behalf. Having proper legal representation review and negotiating all binding agreements protects you from potential risks.

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 Posted on January 31, 2024 in Business Law

Entering a business contract obligates you and the other party to fulfill specific terms and conditions. However, disputes can arise if one side fails to meet their contractual duties. If you believe your vendor breached your business agreement, several steps should be taken to protect your interests. A Texas business lawyer can help determine key actions to take when your vendor is in breach of contract.

Conduct a Contract Review

Carefully examine the original business contract signed with your vendor. Specifically note any sections detailing the vendor’s responsibilities, along with terms for breach of contract and dispute resolution. Verify that a breach has occurred by comparing their duties against their current failure to perform them. Document exactly which obligations were not fulfilled so you can present clear evidence of a breach.

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 Posted on January 19, 2024 in Business Law

You have a great business idea, a solid plan, and the motivation to make your startup dreams a reality. Before you jump into entrepreneurship, it is beneficial to consider working with a business formation lawyer. A Texas business formation attorney can help you ensure you have all the proper documents.

They Save You Time and Hassle

Forming a legitimate business entity requires checking many legal boxes. You must choose and register an official structure, draft organizational documents that comply with state laws, obtain required licenses and permits, and more. A startup lawyer handles all of these logistical tasks for you seamlessly so you can focus on your vision. Do not waste hours trying to DIY forms or procedures you do not fully understand. Lawyers have the expertise to establish your business correctly from day one.

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 Posted on January 16, 2024 in Estate Planning and Probate

When a loved one passes away, the estate typically enters probate – a court-led process of inventorying assets, paying any outstanding debts, and distributing whatever remains to the heirs. It is also when questions or disputes over the will itself or how the executor handles the estate may arise among family members and beneficiaries. This is known as estate litigation, and it can involve challenging the validity of the will, clarifying ambiguous gifts or terms, or alleging misconduct by the executor. If your family faces such a dispute, there are a few key issues to consider with the guidance of a Texas estate planning attorney.

Interpreting the Will

The most common estate disputes involve inconsistencies in the language of the will that leave room for different interpretations. Some factors here include:

• Determining will details - Courts will look at the whole will to understand what the person who passed away wanted to do with their stuff. Easy-to-understand language that shows this want can make a big difference

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 Posted on January 05, 2024 in Estate Planning and Probate

Selecting the executor to carry out your last will and testament is vital. This key person oversees transferring your assets to heirs, paying debts and taxes, and filing court accounting - complex tasks requiring responsibility, ethics, attention to detail, and organizational skills. When evaluating executor candidates for your will with a Texas estate planning lawyer, remember these insights.

Look For Financial Competence

Managing transfers of money, property, and investments to properly execute your will requires strong financial administration abilities. Analyze potential executors for skills like bookkeeping, budgeting, bank account management, and investing. If someone has shown they can capably manage business or personal money in the past, it is a good sign they will be able to properly handle distributing your estate assets as called for in your will.

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 Posted on December 29, 2023 in Estate Planning and Probate

Suddenly losing a parent or spouse is devastating enough without questions arising over the validity of their last will and testament. Knowing legitimate grounds for contesting a will can help grieving beneficiaries evaluate the next steps. A Texas estate planning attorney can help determine if you have grounds to contest a will.

Lack of Sound Mind

For a will to be legally valid, the deceased must have a sound mind when signing, which means they could knowingly and willingly document final wishes for property distribution after death. If substantial evidence shows the person lacked essential awareness or agency when finalizing a will because of factors like Alzheimer’s dementia, severe intoxication, or pharmaceutical side effects, grounds may exist to contest.

Signature Issues

Several problems with the signature process could render a will contestable. These include the inability of the testator to physically sign their name, failure of the will to be signed in the presence of two competent adult witnesses, or signatures obtained through spoken coercion or threats invalidating true consent.

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 Posted on December 20, 2023 in Real Estate

Finding toxic mold growing in rental units is one of the most common disputes that tenants come forward with. It is not uncommon for a landlord to paint over mold to try and cover it up. If you discover your landlord knowingly covered up mold hazards, you should know that you have legal rights to fight back. A Texas real estate attorney can help you assemble your case with the proper evidence to seek justice.

Prove That Your Landlord Was Aware of the Mold

You will need to prove that your Texas landlord knew of underlying mold issues beforehand through prior mitigation company reports, previous tenant complaints and settlements, or direct maintenance requests. These documents should show deliberate efforts to downplay dangers instead of fixing hazards. Providing photo evidence confirming unsafe concealments or attempted do-it-yourself treatments rather than expert mold remediation strengthens claims against aesthetic cover-ups threatening your health.

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