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); …
Month: July 2021
Damages For Slander of Title in Texas
Successfully conveying property requires a clear chain of title that is free of encumbrances. Considerable effort goes into researching, verifying, and communicating who the legal owner of a property is and exactly what debts against that property, if any, may exist. Any uncertainty about the title of a property may lead to the loss of …
The 120 Hour Rule: Survival Requirements in Texas
Sometimes family members pass at or around the same time. Chapter 121 of the Texas Estates Code establishes protocols for situations where a testator (in the case of a will) or an intestate decedent (in the case where there is no will) and beneficiary or heir die simultaneously or in quick succession. 120 Hour Rule …
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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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Piercing the Corporate Veil in Texas
One of the primary benefits of creating a corporation or LLC is to shield shareholders or owners from the risk of being sued for a business decision that goes poorly. What happens, though, when the entity is a sham being used to perpetrate fraud? How are officers, directors, members, and managers held accountable for their …
The Texas Deed In Lieu of Foreclosure
Foreclosing on properties is one option for dealing with loan defaults, but it holds some disadvantages for both the lender and the borrower. An alternative which can benefit both lender and borrower is a Deed in Lieu of Foreclosure. Overview of Deeds in Lieu of Foreclosure Texas offers many different types of deeds specific …
Determination of Heirship Proceedings in Texas
When someone dies intestate, without a will, it is sometimes necessary to determine heirship through a judicial proceeding in a probate court. For example, banks and insurance companies may need to have proof of heirship before releasing the decedent’s assets. The Texas Estates Code outlines who will inherit the estate and how it will be …
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 …