Posted on July 30, 2024 in Real Estate

For sale by owner (FSBO) transactions are popular in Texas where the law does not state that you need a real estate agent to handle the selling of your home. There are several benefits to an FSBO transaction when you sell your home, though it is important to have the legal guidance of a skilled Texas FSBO real estate attorney to protect your interests throughout this process.

How FSBO Can Benefit You

Deciding to sell your property is a big decision, and you may want to choose an FSBO transaction for many reasons. There are two main benefits to an FSBO transaction, however, and the primary benefit is that you save money on real estate agent fees and commissions. You will still need to pay the buyer’s agent commission, but in cases where you are selling a home directly to a family member, you may not even need to pay this.

Additionally, an FSBO transaction can give you complete control over the selling process. This is beneficial if you know exactly what you want out of selling your home, you are interested in marketing your home yourself, and you know the exact type of offer that you want to receive.

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 Posted on July 25, 2024 in Business Law

Advanced medical directives are part of a comprehensive estate plan. These legal documents are important in ensuring you receive the care you want and need should you be unconscious or terminally ill. Ensuring you have advanced medical directives in place helps you prepare for the future and can give you peace of mind that your care wishes will be followed.

An experienced Texas advanced medical directives lawyer can further answer your questions about advanced directives. 

What Is an Advanced Medical Directive?

An advanced medical directive is a document that outlines your wishes and expectations for end-of-life care, care in the case you are unconscious or incapacitated, or your wishes should you be terminally ill. These legal documents typically only apply when you are not able to speak or otherwise convey your choices to a doctor, family member, or loved one, and they help those around you make the correct choices for the type of medical care you receive.

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 Posted on July 12, 2024 in Real Estate

When renting a residential space to tenants, landlords need to be aware of the possibility of conflicts and the best ways to avoid disputes with their tenants. Texas landlords who take steps to minimize the potential for disputes can benefit from fewer complex legal issues and challenges when managing their property. The advice of a Texas residential landlord lawyer can further benefit you by protecting your interests and your property when tenant conflicts do arise.

Common Texas Landlord and Tenant Conflicts

Common conflicts that landlords experience with tenants include:

• Lease disputes, including conflict over the length of the lease, renewal options, and whether or not utilities are included

• Accusations from tenants of discrimination, failure to maintain the property, or failure to disclose hazards

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 Posted on July 06, 2024 in Business Law

Business contracts are legally binding documents that protect the rights of every party involved in an agreement. However, when one party fails to uphold its end of a contract, that party may be in breach of contract.

Breaching a business contract can have serious consequences, including the potential for a lawsuit to recover damages. An experienced Texas business law attorney can help you explore your options if you are involved in a contract dispute.

Types of Contract Breaches

There are a few different types of contract breaches, including:

• Minor breach – This occurs if a party breaches only one small part of the contract in a way that does not affect the other contract terms. 

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 Posted on June 24, 2024 in Estate Planning and Probate

The passing of a loved one is a challenging time, often compounded by legal and financial matters that must be addressed. One aspect of handling a deceased person’s estate is the probate process. A Texas lawyer can guide you through the essential steps involved in probate, helping you through the process with more confidence.

What is Probate?

Probate is a legal process for administering a deceased person’s estate. The process includes validating the will (if one exists), appointing an executor or administrator, taking inventory of and appraising assets, settling debts and taxes, and distributing the remaining property to heirs or beneficiaries. In Texas, probate is necessary to transfer legal ownership of the deceased’s property and settle his or her financial affairs.

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 Posted on June 18, 2024 in Estate Planning and Probate

When people pass away, their assets are distributed to their beneficiaries according to the terms of their will or trust. However, in some cases, there may be concerns that certain assets were improperly transferred out of the estate before the person's death in order to avoid distributing them to the rightful heirs. These types of transfers, known as fraudulent transfers, may be challenged through probate litigation. A Texas lawyer can help you with this.

What Is a Fraudulent Transfer?

A fraudulent transfer occurs when a person transfers assets out of that person's name to another party to shield those assets from creditors or avoid distributing them to that person's beneficiaries after his or her death. Under Texas law, a transfer may be considered fraudulent if it was made with the intent to hinder, delay, or defraud any creditor of the decedent. Fraudulent transfers may involve real estate, bank accounts, vehicles, or other valuable property. Fraudulent transfers can take many forms, such as:

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 Posted on June 11, 2024 in Estate Planning and Probate

The world of probate can feel overwhelming for many families. The last thing you want is to make a mistake that could cost your loved ones time, money, and unnecessary stress. A Texas lawyer can help you prevent issues that can arise if you are unprepared or misinformed about the probate process.

Mistake #1: Not Having a Will

Creating a valid will is one of the most crucial steps in estate planning. In Texas, if you pass away without a will (known as dying “intestate”), the state’s laws determine how your assets are distributed. This can lead to unintended consequences and may not align with your wishes. By creating a clear, legally binding will, you ensure that your assets are passed down according to your desires and minimize the chances of family disputes.

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 Posted on June 05, 2024 in Business Law

As a small business owner, you wear many hats. From managing day-to-day operations to planning for the future, getting caught up in the whirlwind of responsibilities is easy. One area that often gets overlooked is legal matters. That is where limited general counsel comes in – a cost-effective solution that provides your business with the legal support it needs to thrive. A Texas lawyer can help you understand the top reasons why you should consider limited general counsel.

What is Limited General Counsel?

Limited general counsel refers to an arrangement in which a business retains an attorney or law firm to provide legal services on a part-time or as-needed basis. This differs from hiring a permanent in-house lawyer or contracting a law firm for particular legal issues. Limited general counsel serves as an intermediary solution, allowing small businesses to obtain legal advice without incurring the significant expenses of a full-time legal team.

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 Posted on May 30, 2024 in Estate Planning and Probate

When a loved one passes away, the last thing anyone wants to deal with is a dispute over their estate. Unfortunately, heir disputes are all too common and can cause significant emotional and financial strain on families. A Texas lawyer can help you explore what heir disputes are and how to navigate them.

The Basics of Heir Disputes

An heir dispute occurs when there is a disagreement among the heirs of an estate about how the assets should be distributed. This can happen for many reasons, such as:

• Ambiguous or outdated estate planning documents
• Disagreements over the interpretation of a will or trust
• Concerns about the validity of the estate plan
• Conflicts among family members or beneficiaries

These disputes can arise regardless of whether the deceased left a will or not. In Texas, if someone dies without a will (known as dying “intestate”), their assets will be distributed according to the state’s intestacy laws.

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 Posted on May 22, 2024 in Estate Planning and Probate

When a loved one passes away, the last thing a family wants is a drawn-out legal battle over their estate. Unfortunately, contested estates are not uncommon. Disputes can arise over the validity of a will, the distribution of assets, or the actions of the executor. These conflicts can be emotionally charged and financially draining for all parties involved. A Texas lawyer can help you with an alternative to litigation to help families resolve these issues more amicably and efficiently.

What is Mediation?

Mediation is an alternative dispute resolution method involving a neutral third party, known as a mediator, who guides the disputing parties through discussions to help them find a mutually acceptable resolution. In the context of contested estates, mediation brings together the beneficiaries, executors, and other interested parties to address any concerns and work towards a resolution.

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