Many people rely upon the services of professionals to carry out work or perform a task for them that they may not have the know-how or resources to do themselves. You may believe that, in general, this creates a relationship between you and your professional service provider that requires them to keep your best interests […]
Month: June 2022
Texas Uniform Partition of Heirs’ Property Act
Partition is the division of real property among joint owners and is an absolute right in the state of Texas. Texas law will not force one owner to maintain a joint ownership if he or she wishes not to for any reason. In this case, a joint owner may compel a partition in kind or […]
Homestead Exemptions for Jointly Owned Property
Texas is unique in its sacred protection of the homestead. The Texas homestead laws are found in Texas Constitution Article XVI, Section 50 and outline the unique protections available to the homestead of a family or single adult. The benefits of Texas homestead laws provide both a tax exemption to remove part of the […]
Stark Law in Texas
Named after Congressman Pete Stark, the Stark Law amended the Social Security Act to limit a referring physician’s ability to refer Medicare and Medicaid patients in ways that benefit the physician. Also known as a self-referral law, it was enacted to fight healthcare fraud and abuse by decreasing the opportunity for a physician to receive […]
Undue Influence in Texas Probate Cases
Creating a valid will in Texas offers peace of mind for family members as well as for the person writing the will, known as the testator. In certain cases, however, the validity of the will may be challenged in court. As Baby Boomers are aging, many are moving into assisted living and nursing facilities, where […]
Licensing Intellectual Property in Texas
Historically, the United States has placed high value on protecting a person’s original work, going all the way back to when George Washington signed into law the Copyright Act of 1790. The first work registered under the copyright law was a spelling book written by John Barry. Today, Intellectual Property takes many forms, such as […]
Testamentary Capacity and Testamentary Intent in a Will
A Last Will and Testament is a legally binding document that ensures a testator’s estate is distributed according to that person’s wishes. Having a valid will safeguards a testator’s intent for the estate without leaving loved ones to guess what the testator wanted. Two important components when establishing a valid will are having testamentary capacity […]