July, 2021 | Silberman Law Firm, PLLC

Calculating Damages in a Texas Trespass Action

If someone trespasses and causes property damage, the owner of the property is entitled to compensation for that damage. However, property owners should be careful to prove damages accurately to maximize recovery. Relying on the wrong damages model could mean losing a case, and retrials are rare and costly. See Tex. R. App. P. 44.1(b); …

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Changes to the Option Fee in TREC Residential Contracts

In the fall of 2020, the Texas Real Estate Commission approved several important changes to contracts and addenda that took effect April 1, 2021. TREC forms used by sellers, buyers, and agents should now use form contracts that reflect those changes. The biggest change relates to the option fee process found in paragraph 5 of …

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Do I need a Lawyer to Probate a Will or Estate in Texas?

At times people may feel that they can best represent themselves and their own interests in court, wanting to appear in court without legal representation for simple matters. The legal terms Pro Se, in propriam personam, or pro per come from Latin phrases which translate to ‘appearing for oneself; for one’s own behalf.” However, representing …

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Informal Family Settlement Agreements in Texas

Grieving the loss of a family member is difficult enough, and battling in court over inheritance can magnify those difficulties exponentially. Fortunately, Texas case law provides an opportunity for families to work together and avoid probate, particularly with a small estate made up mostly of personal property. Elements of a Family Settlement Agreement First and …

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