Ancillary Probates in Texas

Probate is governed by state law, and each state has its own statutes in place to facilitate a probate court proceeding. Estates with assets in more than one jurisdiction may require multiple probate proceedings. Generally, the primary probate proceeding occurs in the state where the decedent was domiciled at the time of death. If the […]

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The Effect of Due on Sale Clauses on Wrap, Assumption and Subject To Transactions

Wrap around, assumption, and subject to transactions are all methods of transferring property where an underlying lien (usually a first mortgage) is not extinguished contemporaneous with the closing. These types of transactions have been common in Texas for some time but have gained even more popularity in recent years due to increased regulation of alternatives […]

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The Effect of Merger and No Reliance Clauses on Fraud Claims in Texas

Written contracts are intended to memorialize the understanding between parties, and it is important to accurately document each parties’ promises and intentions in a contract. However, sometimes the recitations and representations in a contract may not accurately represent what actually occurred in the negotiation and formation process. For example, common sense would tell us that […]

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Understanding the Differences Between a Right of First Refusal and a Right of First Opportunity

Rights of first refusal and rights of first opportunity are commonly referred to as preferential rights and routinely appear as part of real estate contracts. The differences and effects concerning these rights are not always clear. Right of First Refusal Black’s Law Dictionary defines right of first refusal as “a potential buyer’s contractual right to […]

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