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Recent Blog Posts
Why Legal Representation Matters in Commercial Real Estate
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.
What to Do When a Vendor Breaches a Business Contract
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.
Is a Business Formation Lawyer Important?
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.
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.
14603 Huebner Rd., Bldg. 32, San Antonio, TX 78230
210-535-0870
