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Why Include a Power of Attorney in Your Estate Plan?
One of the goals of estate planning is to put a plan in place for the unexpected. That way, if and when a difficult life event takes place and you are left incapacitated or unable to make certain decisions, there are mechanisms in place to both honor your wishes and lessen the burden on your family.
A key way to do this is by ensuring that your estate plan contains the relevant power of attorney for your situation. An experienced Texas estates planning attorney can draft a legally binding power of attorney as part of a comprehensive estate plan.
What Is a Power of Attorney?
A power of attorney is a legal document that appoints an agent to act on your behalf. The agent manages your financial, personal, or medical matters when you are no longer able to do so due to incapacity or illness. Depending on the scope of the power of attorney, the agent can make decisions about a range of personal and financial issues or only in a specific area such as medical matters.
Texas Surface Use Agreements 101
One commonly used agreement governing the use of natural resources in the Texas oil and gas industry is the surface use agreement. It details the rights and obligations owed between an oil and gas company that leases mineral rights to below-ground resources (the lessee) and the surface owner, who owns the rights to everything above ground.
The purpose of a surface use agreement is to compensate the surface owner for the mineral use of the land and to ensure that both parties are on the same page about how the surface rights will be affected by the mineral use. A Hood County, TX natural resources attorney can represent you in the negotiation of a surface use agreement.
Why Are Surface Use Agreements Important?
Drilling for minerals can cause damage to a property's surface. By having an agreement in place, surface landowners can lessen the impact of the damage on their land. Surface use agreements obligate the lessee to ensure that the land is restored or "reclaimed" up to a certain agreed-upon standard.
Common Real Estate Closing Issues
As exciting as purchasing a home can be, "it is not over until it is over," as the saying goes. Before you finalize the real estate transaction and get the keys to your home, you must first go through the closing process.
Yet closing can be complicated by many moving parts, and issues can come up that can cause delays or threaten the transaction. An experienced Hood County, TX real estate attorney can help you navigate any hurdles and protect your interests during the closing process.
What Happens at Closing?
Closing is the final step in the transaction to purchase or sell real estate. The parties to the transaction will sign all the necessary documents, including loan documentation if the buyer is purchasing the property with a mortgage. If all goes well, on closing day the buyer will take ownership of the property while the seller will receive payment.
An Employer Guide to Correctly Classifying Workers
One of the most important tasks of any employer is ensuring that workers are properly classified as either employees or independent contractors. The distinction can have a significant impact on an employer’s obligations under Texas and federal law. Failing to properly classify employees can also result in significant financial and reputational penalties. An experienced Hood County employment attorney can advise employers on the proper classification of workers and defend allegations of improper classification.
Why Does It Matter if I Classify a Worker as an Employee or Independent Contractor?
Your workers’ rights and entitlements under the law will vary widely depending on whether they are classified as employees or independent contractors, as employees receive many more benefits. When hiring employees, employers generally are required to withhold income taxes and pay Social Security, Medicare, and unemployment taxes. Employers must also pay employees minimum wage and overtime, and provide workers’ compensation coverage and certain protections against discrimination.
Why Obtain a Title Opinion?
Picture this: After a long search, you have finally fallen in love with the perfect home, and it is well within your budget. Alternatively, imagine you have inherited a beautiful family home. However, you run a title opinion and it raises issues about ownership of the home. You may be disappointed by this result, but using a title opinion to find out the property’s ownership can save you from potential legal headaches in the future. An experienced Texas real estate attorney can provide a title opinion and advise you on your legal options.
What Is a Title Opinion?
A property’s title tells you who the owner of that property is. When you get a title opinion, you will receive a legal document drafted by an attorney that gives you their opinion about the true ownership of the property. An attorney will base the title opinion on a search of property records, also known as a title search. A title opinion will outline any deficiencies in the title to the property or other property interest that may interfere with your ownership.
5 Reasons You Need an Attorney When You Buy a Home
Buying a home is exciting, whether you are purchasing it for your own use or as an investment. It is also a significant financial expense, and the legal process of purchasing property in Texas is complex and has many moving parts.
Texas is also a "buyer beware" state, which makes it essential to understand the terms of your property purchase. From drafting or reviewing the purchase agreement to representing you at closing, a real estate attorney looks out for your best interests and ensures that your legal rights are protected in a real estate transaction.
Draft and Review Agreements
While real estate agents often use boilerplate form agreements, a real estate attorney will tailor the agreement to your specific situation. A real estate agent will also review any agreement and ensure that you are properly protected by looking for problems that often come up in the homebuying process.
Key Points to Know About New Texas Business Courts
Texas recently passed a law creating the Texas Business Courts, and it is official: these new courts are open for business. The courts started operating on September 1, 2024. If you are a business owner in Texas, there are some important things to know about the new courts in the event you have business litigation. An experienced Texas business law attorney can help your business navigate the new court system.
Why Were the Texas Business Courts Created?
The legislature created the courts to provide a legal place for large commercial disputes. The state established a separate business court in order to help resolve disputes faster, develop judge’s specific business law expertise, and encourage a "business-friendly" climate for companies doing business in Texas.
Navigating Texas Civil Appeals
After a court makes a final determination in a civil case, the losing party still may have the option to appeal the court’s decision to the higher court, also called the appeals court. The panel of three judges presiding over the appeals court will then review the lower court’s decision and determine whether to uphold the ruling. Appeals cases are much more complex than the initial trial, and a competent and experienced Texas civil appeals attorney is necessary to navigate appeals.
The Texas Appeals Process
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Hiring an Attorney: The appeals process necessitates the writing of legal briefs based on applying the facts of your case to the law. It is important to hire an attorney experienced and knowledgeable in appellate law and procedure.
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The Right Court: One important piece of information that your attorney will know is the correct appeals court to hear your appeal and where your appeal must be filed. There are relevant procedural rules that determine which appeals court will hear your case. Texas has 14 intermediate appellate courts and the Texas Supreme Court.
What Types of Estates Can Bypass Probate?
There are many factors to consider when you plan your estate. One of those considerations is called probate, a court process that your assets pass through when you die. The probate process can be lengthy and costly, which is why many estate planners use legal tools to avoid it.
Certain types of estates do not need to go through the probate procedure. This article will discuss those estates, what probate is, and how to contact a Texas estate planning attorney.
What Is Probate?
Probate is a process in which a court oversees the execution of a person’s will after he or she is deceased. The aim is to settle the estate, which means the debts are paid and all assets are distributed to beneficiaries. Probate involves the following steps:
How Are Homebuyers Legally Protected in Texas?
Residential real estate transactions can be complex, especially for homebuyers. Purchasing a house may be an exciting and important occasion, but it also comes with various challenges. Some of these stem from the fact that there are several parties involved in the transaction. Aside from the buyer, there is a seller, a lender, and sometimes a real estate broker and mortgage broker. In some cases, these parties may try to take advantage of buyers, particularly first-time homebuyers.
Whether you are buying a home as an investment or a residence, you are entitled to certain legal protections that can help safeguard your assets and shield you from exploitation. The best protection, however, is hiring a Texas residential real estate attorney who can ensure you are defended by the following legal safeguards.
Fair Housing Laws
Fair housing laws protect homebuyers from certain behaviors such as:
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