Posted on February 20, 2025 in Estate Planning and Administration

One of the main goals of an estate plan is to protect you and your family from unforeseen financial and personal events that may occur. Military service members may be especially vulnerable to the consequences of unforeseen events, especially those who serve in frequent deployments. An estate plan should put in place mechanisms for the transfer of assets as well as processes for decision-making if the worst should happen.

All of these challenges can be successfully addressed by creating a comprehensive estate plan that takes into consideration the unique needs of military families and special programs available to them. An experienced Hood County, TX estate planning attorney can work with members of the military to create an estate plan that meets their needs. 

Estate Planning Factors for Military Families 

There are a few factors to consider before you make your estate plan that can help your attorney customize it to best fit your family’s needs. These include:

Continue Reading ››

 Posted on February 10, 2025 in Real Estate Law

Whether you are buying or selling a single-family home, condo, or townhome, the real estate purchase and sale agreement will govern the terms of the transaction. If a real estate purchase and sale agreement is not well-drafted it can expose you to potential issues, costs, and disputes.

Whether it is your first time buying or selling residential property in Texas, or even if you have done so before, being familiar with and understanding the significance of common real estate purchase and sale agreement terms is crucial to protecting your interests in the transaction. Familiarity with these clauses can also help you understand some key areas where you might be able to negotiate. An experienced Texas residential real estate attorney can ensure that your residential real estate sale and purchase agreement safeguards your rights. 

Continue Reading ››

 Posted on January 22, 2025 in Estate Planning and Administration

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.

Continue Reading ››

 Posted on January 09, 2025 in Business and Commercial Law

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.

Continue Reading ››

 Posted on December 30, 2024 in Real Estate Law

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.

Continue Reading ››

 Posted on December 11, 2024 in Business and Commercial Law

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.

Continue Reading ››

 Posted on November 26, 2024 in Real Estate Law

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.

Continue Reading ››

 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.

Continue Reading ››

 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. 

Continue Reading ››

 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.  

  Continue Reading ››