July, 2022 | Silberman Law Firm, PLLC

LLC Citizenship and Diversity Jurisdiction

Establishing Citizenship for Purposes of Diversity Jurisdiction Diversity jurisdiction is one of two methods for a federal court to have subject-matter jurisdiction over a case. If a defendant wants to remove its state case to federal court, unless federal question jurisdiction is established, the defendant will be required to show diversity jurisdiction. Diversity jurisdiction has […]

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Removing an Executor in Texas Probate Court

Estate planning usually includes writing a valid will and/or trust(s) and appointing an executor to administer the estate’s assets upon death of the decedent. It also ensures that the testator’s wishes are carried out as stipulated. When an estate planner chooses an executor, the decision is usually based on their strong relationship as well as […]

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Surviving Spouse Homestead Right

As a married individual, you may wonder what rights you have to your home in the event of your spouse’s death. Article XVI, § 52 of the Texas Constitution can help answer this question. Constitutional Rights  Article XVI, § 52 of the Texas Constitution states that, “On the death of the husband or wife, or […]

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The Offering Memorandum in Texas

When privately-held business owners want to grow their business, they will often reach out to potential investors, hoping to raise money which will fund that growth. Understandably, investors want to know as much as possible about the business and its financial status before investing. An Offering Memorandum serves the purpose of providing information to potential […]

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Non-Probate Assets in Texas

Estate planning is an opportunity for a family member to ensure that the estate’s assets are distributed exactly as the planner wishes. Estate planning may create a valid will and/or trust(s) which provide care for family members. Estate planners also want to avoid unintended consequences while maximizing the value of assets for beneficiaries. Knowing, for […]

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Probating a Copy of a Will in Texas

There is a presumption under Texas law that if the decedent’s original will cannot be found or produced, the will is void or revoked. In other words, even if you have a copy of the will, the probate court will still treat it as if there was no will at all. There is now a […]

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Indemnification in Contracts

Contracts, when well drafted, seek to provide for, and agree to the consequences of, any possibility that might occur during the life of the contract. One important area that is frequently covered under many contracts is that of indemnification – essentially meaning protection against liability. Indemnification Clauses Indemnity is defined as “[a] duty to make […]

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