Posted on November 13,2024 in Real Estate Law

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.

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 Posted on October 31,2024 in Business and Commercial Law

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. 

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 Posted on October 17,2024 in 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

• 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. 

• 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.  

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 Posted on September 30,2024 in Estate Planning and Administration

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:

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 Posted on September 13,2024 in Real Estate Law

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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 Posted on August 19,2024 in Business and Commercial Law

Starting a business can be an exciting undertaking. It begins with a brilliant idea, then takes shape as a team is assembled, a business plan is created, and a location is found. However, an aspect that is sometimes overlooked is the legal formation of the company. How you establish the entity is a decision that can have long-lasting consequences for the business.

Two of the most popular types of entities are a limited liability company (LLC) and a corporation. Both are designed to shield their owners from legal liability so that their assets are not in jeopardy if the entity fails. However, there are significant differences between the two formations, which this article will discuss. To determine which option is best for your business, consult a Texas business formation attorney.

Ownership

One of the main differences between an LLC and a corporation is the ownership. An LLC is directly owned by one or more of its members. A corporation, on the other hand, is owned by shareholders. The shareholders appoint a board of directors, which in turn appoints the corporation’s officers.

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 Posted on August 06,2024 in Business and Commercial Law

Contracts are a fundamental component of successful businesses. As a business owner, your relationship with partners, vendors, and employees depends in part on the contracts you sign with them. These agreements dictate the nature and terms of each relationship, binding parties to their legal framework.

Sometimes, however, a party will not honor the terms of the contract. This can be out of ignorance or willfulness; but either way, a breach of contract can harm your business. Proving a breach of contract in Texas, however, is often a complex legal task. The best way to prove a breach of contract is to hire a Texas breach of contract attorney who will help you collect the necessary evidence and build a strong case.

Before we discuss how to prove a breach of contract, let us begin with the ingredients of a valid contract.

What Is a Valid Contract?

A legitimate contract contains the following elements:

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 Posted on July 25,2024 in Business and Commercial Law

Water rights are now becoming highly political as the federal government seeks to control certain water rights in the state of Texas. Because supplies are limited, water is one of the state’s most valuable natural resources. In June 2024, the U.S. Supreme Court ruled 5-4 against a proposed agreement between Texas and New Mexico regarding the management of water in the Rio Grande. The agreement—which initially included Colorado—was intended to end years of water disputes between the states and fairly divide the Rio Grande basin water.

The water compact relies on an irrigation system managed by the Bureau of Reclamation to distribute water from the Reservoir in Elephant Butte, New Mexico, to NM, TX, and Mexico. In 2022, after dealing with these issues since the initial 1938 agreement, the two states came to an agreement that neatly sidestepped any federal interests. The case went to the Supreme Court, which said the agreement between the states would negatively impact the current Mexico international water treaty. The Supreme Court majority stated, "…we cannot now allow Texas and New Mexico to leave the United States up the river without a paddle."

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 Posted on July 05,2024 in Real Estate Law

Becoming a commercial landlord is vastly different from becoming a residential landlord. Instead of renting units to families and individuals who will be living there, you will be renting space to businesses that will be using your property as its storefront or office. There are some benefits to renting out commercial spaces as opposed to residential units. Commercial landlords often enjoy greater access to their property. While residential landlords must generally give notice before entering a unit, if the company renting your commercial space is open to the public, you can simply walk in during normal business hours. However, there are also risks to being a commercial landlord. If you are purchasing commercial property to rent out, you must be represented by an experienced Cleburne, TX commercial real estate lawyer.

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 Posted on June 25,2024 in Estate Planning and Administration

When a loved one passes away, the distribution of his or her assets according to the will left behind may not always align with the expectations or wishes of the heirs. Understandably, this can lead to anger and dissatisfaction, which can rapidly lead to disputes. However, a will cannot be contested just because the heirs are unhappy. There must be a legal basis for such a challenge in Texas.

Lack of testamentary capacity and undue influence are two legally sound and valid examples of when a will can be contested. If you believe you have the legal basis to contest a will or are wondering whether you have the legal basis, contact a lawyer.

What to Know About Lack of Testamentary Capacity

One of the most common reasons for contesting a will is the claim that the testator, or the person who created the will, lacked testamentary capacity at the time the will was made. Testamentary capacity is a big word that refers to the mental fitness of the person creating the will and whether the person understands the implications of his or her decisions regarding the division of the estate.

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