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Recent Blog Posts
What Are Some Considerations for Estate Litigation?
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
What to Know When Choosing an Executor for Your Will
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.
What Are the Grounds for a Will to Be Challenged?
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.
Holding Landlords Accountable for Hazardous Mold
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.
Why Should You Have a Medical Directive?
Estate planning involves preparing for what happens to your assets and medical care if you become incapacitated or pass away. An important but often overlooked aspect of an estate plan is having a medical directive in place. This legal document goes by other names like a living will or advance healthcare directive. A Texas lawyer can make sure your estate planning is done properly with the proper documents.
Protect Your Wishes if Unable to Speak for Yourself
The primary purpose of a medical directive is to put into writing what medical treatments or life-prolonging interventions you would or would not want. This includes things like CPR, breathing tubes, feeding tubes, dialysis, and more. You can specify under what conditions or how long you would want each treatment. With clear guidance, your family may be able to decide or disagree on end-of-life care for you if you can voice your preferences.
What to Do When Your Business Partner Stops Paying Their Share
Going into business with a partner often seems like a smart move initially. Combining resources can make commercial property acquisition possible. However, the arrangement can quickly become worse if one partner stops properly covering their portion of ownership costs. A Texas attorney can help you take the proper steps to respond when your partner stops paying their agreed-upon share.
Review All Partnership Agreements
Carefully examine any legal partnership contracts, operating agreements, property title documents, loan paperwork you signed together for the business real estate, and other binding agreements with your partner. Dig up and thoroughly review all signed terms related to each partner's division of financial obligations.
Protecting Beneficiaries During Probate Disputes in Texas
The probate process can become contentious when a will is contested, or beneficiaries disagree over estate matters. As a named beneficiary, you want to ensure you receive your proper inheritance. A Texas attorney can help you review and properly create your estate plans.
Understanding Will Contests
A will contest happens when someone challenges the will's validity and tries to disqualify it. This often occurs when heirs believe they did not receive a fair share under the will. It is also common when questions arise about the testator's mental capacity or potential undue influence.
If the will is deemed invalid, the estate is handled as if the decedent died intestate (without a will). Texas intestacy laws dictate who inherits, which may differ from the contested will.
The Licensing Process to Operate a Car Dealership in Texas
If your dream is to own and operate your own car dealership, one of the crucial first steps is obtaining the required Texas DMV occupational licenses. The state has strict regulations in place for motor vehicle sales, so working with experienced legal and compliance advisors is highly recommended when pursuing your goal of getting set up to sell cars. A Texas lawyer can help you with the legal side of things.
Understanding the Licensing Options
The Texas Department of Motor Vehicles (TxDMV) offers two main occupational license options for those looking to legally deal automobiles in the state:
- Independent Motor Vehicle Dealer License - For individuals operating smaller independent dealerships. Allows buying, selling, or exchanging 5-10 vehicles per year.
Living Trusts for Asset Protection and Tax Strategies in Texas
For individuals and families in Texas with substantial assets to protect and transfer, proper estate planning is crucial to preserve wealth and efficiently pass it on to heirs. Living trust strategies can provide opportunities for tax minimization as well as asset protection when thoughtfully integrated into a comprehensive estate plan. A Texas lawyer can help make sure you are filing out all the documentation properly to protect your family.
Asset Protection Benefits
One of the key benefits of living trusts is that they allow assigning ownership of assets to the trust instead of personally holding them. Assets placed in a properly structured trust are legally protected from creditors and civil lawsuits filed against the grantor individually.
Recovering Past Due Rent and Fees from Former Tenants
When tenants move out while owing back rent, fees, or other unpaid charges, landlords can take steps to recover those debts. Texas law can help property owners recoup these outstanding payments even after the tenant vacates the unit. A Texas lawyer can help landlords understand what tenants should know about getting compensation from former tenants.
Send Formal Demand Letters
The first move is sending the former tenant a formal written notice demanding payment of precisely what they owe you. Itemize all overdue rent, early termination fees, late charges, pet damages beyond security deposit coverage, and utility bills in arrears. Specify calculated dollar amounts, reference the lease terms violated, and include copies of accounting records. The letter should state these sums are now due in total and you intend to pursue additional legal action if the tenant fails to pay promptly.
14603 Huebner Rd., Bldg. 32, San Antonio, TX 78230
210-535-0870
