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Recent Blog Posts
Do You Need Legal Representation as a Fiduciary?
As a fiduciary, your main duty is to always act in your clients' best interests, which can be quite a challenge, especially if you are not a lawyer or an accountant. This is why you might want to think about getting an attorney to guide you through your fiduciary responsibilities.
Why Consider Legal Help as a Fiduciary?
Getting legal representation as a fiduciary offers multiple advantages. A lawyer can break down your fiduciary duties and what you are responsible for. They can also give you advice on the best ways to fulfill these duties.
Having a good attorney can also help you avoid legal problems. They will go through your contracts and papers to make sure everything follows the rules. If any issues come up with your clients, they can help sort them out.
The Difference Between a Power of Attorney and a Health Care Proxy
A Power of Attorney (PoA) and a health care proxy are both legal documents that allow you to appoint someone to make decisions on your behalf should you need it. However, they have different purposes and grant different powers to the person you appoint.
Key Differences at a Glance
In Texas, both powers of attorney and health care proxies must be in writing and signed by you in front of two witnesses. They must also be notarized and will only take effect in the event you are incapacitated.
Here is a summarized list of the key differences between powers of attorney and health care proxies in Texas:
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A power of attorney is for financial decisions, while a health care proxy is for medical decisions. As such, a power of attorney can be used to appoint someone to manage your bank accounts, pay your bills, and sell your property. A health care proxy, on the other hand, can be used to appoint someone to make decisions about your medical care, such as choosing your doctors, consenting to or refusing treatment, and making end-of-life decisions.
5 Life Changes That May Mean You Should Update Your Estate Plan
Making an estate plan is not normally something a person does once and can then forget about. Your estate plan is a dynamic set of instruments and in almost all cases, you can change your plans at any time. If you have recently experienced a significant life event, it may be time to update your estate plans to reflect the change. Few people would want their ex-spouse to remain listed as a beneficiary, or inadvertently omit a new family member. It is important to regularly revisit your estate planning documents to check whether the plan you have on paper is still the plan you want. You may wish to change who your beneficiaries are or update your documents to reflect a new home state’s laws. It is best to visit an estate planning attorney after any major life change so that you can be sure that your plans still reflect your wishes.
Life Events That May Trigger a Change in Estate Plans
4 Legal Grounds for Residential Eviction
Most residential landlords hope to avoid a situation in which they must legally evict a tenant. If you own a residential property you rent out, you likely use a variety of screening tools to help you avoid renting to someone you might have to evict. You likely ran a check of any prospective tenant’s finances to verify that they would be able to pay the monthly rent. You probably also ran a criminal background check to help reduce the likelihood of getting a tenant who would use your property for illegal purposes. You may have even contacted an applicant’s previous landlords to see whether they have a history of violating residential leases. However, circumstances can always change. Even if you are very careful about screening your tenants, a number of issues can appear well after the lease is signed. If you are beginning to believe that you may need to evict a tenant to protect yourself or your property, it is best to involve an attorney from the outset of the eviction process.
How Can Employers Enforce Non-Compete or Non-Disclosure Agreements?
Non-compete and non-disclosure agreements are important tools that employers can use to protect their business interests. These agreements can help ensure that employees do not disclose confidential information or trade secrets, and they can prevent former employees from competing with an employer after the termination of their employment.
In Texas, non-compete and non-disclosure agreements are enforceable if they meet certain legal requirements. To enforce such agreements successfully, employers must understand these requirements and ensure they take the appropriate steps when drafting contracts. An employer can work with a business litigation attorney to determine the appropriate steps to take to address violations of these types of agreements.
The Enforceability of Non-Compete Agreements
A non-compete agreement, also known as a covenant not to compete, restricts an employee's ability to engage in work that competes with the employer’s business within a specific geographic area and for a limited period of time after leaving the company. For a non-compete agreement to be enforceable in Texas:
Do I Need a Will, a Trust, or Both?
If you are just beginning to think about estate planning, you may be wondering what types of documents you need. Highly sophisticated estate plans may involve multiple types of trusts, each serving a different specific purpose, in addition to a will. However, most people do not need a plan this complex. Most people can address all of their testamentary estate planning using just one or two documents. One of the first things you will need to consider when you begin estate planning is whether to use a trust, a will, or both. While either may be sufficient by themselves in some situations, it is often advisable to use both. It is important to speak with an experienced estate planning lawyer who can help you make this decision. Your ideal estate plan depends significantly on your financial and family situations.
Why Should I Use a Trust?
A trust is much more protective of your estate property, and often much easier for your beneficiaries to navigate. Property that is contained in a trust at the time of your death does not need to pass through probate. Probate can be expensive and time consuming for all involved. Control of your trust can pass directly to the person you have designated as your successor trustee. The successor trustee can begin making distributions to your beneficiaries with little oversight.
3 Strategies for Preventing a Will Contest
Losing a loved one can cause people to act in ways they normally would not. Grief over the death of a family member can drive people to take actions like filing a will contest. Even if you have no reason to suspect that your survivors would challenge your will, it is wise to take steps to reduce the likelihood that your will could be contested. Your surviving family members who are not named as beneficiaries in your will could potentially put the people you want to receive your estate property through a prolonged legal battle if your will is contested. Fortunately, an attorney can help you to organize your estate plan in a way that reduces the risk of a will contest in the future. It is best to work with an attorney who can offer you comprehensive estate planning services. There is much more to making a strong estate plan than executing a will.
Reasons Texans Should Consider Making a Will Early
It is easy to think of estate planning as being for only the elderly. This line of thought makes some sense. Elderly individuals are more likely than younger people to pass away in the somewhat near future. Certainly, if you are a senior citizen and you do not yet have a will, it would be wise to make one as soon as you are able to. However, it is very important for younger to middle-aged adults to begin their estate planning early on in their adulthood. While many younger adults wish to avoid thinking about their own mortality, it is important not to delay making a will and getting any other needed documents in order. Life can be unpredictable, so it is best practice to be prepared. There are several reasons for this. When you are ready to begin making your will, you should begin by contacting an attorney.
Reasons Younger Adults Should Begin Estate Planning
While it might not be comfortable to think about, anyone can pass away at any time. Even if you are not yet a senior citizen, it is better to begin planning early for reasons including:
How Does a Court Interpret a Contract?
There are times when two parties to a contract each think that it says something different. They could up taking this business dispute to court, when one or both parties file their own lawsuits. Then, the court is called up to decide exactly what the contract says. There is a hierarchy of contract interpretation that comes from common law, and courts have used it for some time.
The Plain Language of the Contract Controls
The court will first analyze the exact language of the contract, giving meaning to the clear words of the document. The inquiry will begin within the “four corners” of the document. If the language of the contract is clear, the court needs to go no further, and it will decide the case. It is only when there is some ambiguity in the language that the court will then need to go further.
In general, courts do not like to read contracts in a way that would yield patently absurd interpretations. The court tries to read the contractual language reasonably.
Navigating the Stages of a Real Estate Transaction in Texas
In Texas, real estate deals go through several stages. Sellers and buyers need to know these stages to understand the process and feel confident while navigating the real estate market. We will examine the four primary phases of a Texas real estate deal.
Pre-Contract Stage
Preparation is key before a contract is signed in a real estate transaction. For sellers, this stage involves hiring a licensed real estate agent. The agent will complete a comparative market analysis to assess the property's value. Next, they will develop a detailed property listing. On the flip side, buyers generally cooperate with a realtor and may additionally have to secure financing from a lender.
Contract to Closing Stage
The next step involves the buyer’s agent presenting a written offer for the property. There may be counteroffers and negotiations, but once an agreement is reached, both parties sign the official sales contract. The buyer must provide earnest money funds submitted to the title company along with the contract. The title company orders a survey, reviews the title commitment for any problems, and provides the buyer and lender with the title commitment.
1602 N. PanAm Expressway, San Antonio, TX 78208
210-535-0870
