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Recent Blog Posts
Durable Powers of Attorney in Estate Planning
Estate planning is crucial for ensuring your wishes are carried out, and your loved ones are taken care of in the event of your incapacitation or death. While many focus on creating a will or trust, it is equally important to consider establishing a durable power of attorney (DPOA) as part of your comprehensive estate plan. A Texas lawyer can help ensure you take all the necessary steps.
What is a Durable Power of Attorney?
A durable power of attorney is a legal instrument that enables you to designate a reliable person, an agent or attorney-in-fact, to handle your decisions should you become incapacitated or otherwise unable to manage your affairs. There are two types of DPOAs in Texas: one for financial matters and another for healthcare decisions.
Financial Durable Power of Attorney
A financial DPOA grants your chosen agent the authority to handle your financial affairs, such as managing bank accounts, paying bills, and making investment decisions. Unless otherwise specified, this document becomes effective immediately upon signing and remains in effect even if you become incapacitated.
Homestead Laws' Effect on Estate Planning in Texas
Homestead laws play a crucial role in estate planning and probate in Texas. These laws offer significant protection for homeowners and their families. A Texas lawyer can help you determine how homestead laws impact estate planning and probate and what you need to know to ensure your assets are protected.
Understanding Texas Homestead Laws
Texas homestead laws protect homeowners' primary residences from creditors and forced sale. A homestead may be classified as urban or rural, each with its own acreage restrictions. Urban homesteads are confined to 10 acres, whereas a rural homestead may have up to 100 acres for an individual or 200 acres for a family.
Homestead laws provide protection for the surviving spouse and minor children as well. The homestead property cannot be sold or divided as long as the surviving spouse is alive or any minor children reside at home.
Essentials of Estate Planning for New Parents in Texas
Becoming a parent is a life-changing event that comes with numerous responsibilities, including ensuring your child’s future is secure. As a new parent in Texas, estate planning may not be at the forefront of your mind, but it is crucial to protect your family’s well-being. A Texas lawyer can discuss the essential elements of estate planning that you should consider and help you draft the proper paperwork.
Drafting a Will
A will is the foundation of any estate plan. It allows you to designate how your assets will be distributed upon your death and, most importantly, who will become your child’s guardian. In Texas, passing away without a will (intestate) means that state laws dictate the division of your assets, which might not reflect your personal wishes. By creating a will, you maintain control over your estate and ensure your child’s future is secure.
Creating a Solid Business Continuity Plan in Texas
Protecting your operations from potential disruptions should be a top priority for business owners. Unexpected events like natural disasters, cyber-attacks, or even supply chain issues can significantly impact your ability to function and generate revenue. That is where a strong business continuity plan comes into play. A Texas lawyer can help you create a comprehensive strategy that outlines procedures and measures to minimize downtime, protect assets, and ensure operational resilience in the face of adversity.
Conduct a Risk Assessment
The first step in creating an effective business continuity plan is identifying and assessing potential risks specific to your organization and its location in Texas. Consider factors such as severe weather events like hurricanes, tornadoes, or flooding, which are common in some areas of the state. Evaluate the likelihood of power outages, data breaches, or other cyber threats that could compromise your systems.
How to Handle Estate Debts and Liabilities in Texas
When a loved one passes away, dealing with their estate can be an emotional and complex process. It is beneficial to understand how to manage the debts and liabilities of the deceased to ensure a smooth probate process. A Texas lawyer can guide you through the steps to handle estate debts and liabilities.
Understanding the Probate Process
The legal process of settling a deceased person's estate, which includes distributing assets and paying off debts, is called probate. In Texas, the initiation of the probate procedure occurs when the executor or administrator of the estate submits an application to the probate court in the county where the deceased was domiciled. During probate, the executor or administrator is responsible for identifying and paying off the estate's debts and liabilities before distributing the remaining assets to the beneficiaries.
What to Consider When You Choose a Power of Attorney in Texas
Selecting someone to act as your power of attorney (POA) is an important legal decision. If you become incapacitated, your POA agent will have the authority to handle financial, healthcare, and other personal matters. When choosing a POA, you should think carefully about who they feel most comfortable empowering to make potentially life-altering choices someday. A Texas lawyer can help you with key factors to weigh as you name your POA and how to fill out the paperwork correctly.
Consider Character and Judgment
Your POA agent needs to be someone with integrity whom you wholeheartedly trust to manage duties capably and make choices aligned with your wishes. Analyze whether potential candidates exhibit good judgment consistently. Reflect on how they handle their own responsibilities and if you esteem their decision-making process. Choose someone likely to carry out the role justly and faithfully because you rely heavily on their character.
What to Do if a Family Member Falsely Contests a Will
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.
Moving Forward with a Commercial Transaction in Texas
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.
What to Do When the Seller Did Not Disclose Asbestos
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.
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.
14603 Huebner Rd., Bldg. 32, San Antonio, TX 78230
210-535-0870
