During its last session, the Texas legislature implemented some much-needed tweaks to the Texas Estates Code aimed at reducing delays, eliminating unnecessary formalities, and addressing persistent logistical problems in the probate process. The following is a selection of the most notable changes made to the Code and a description of their likely effects on the […]
Month: September 2023
Eviction Appeals and Counterclaims in Texas
According to Texas Property Code Sec. 24.004, the Justice of the Peace courts (commonly referred to as “JP courts” or “Justice Courts) have original jurisdiction to hear cases regarding forcible detainer and forcible entry and detainer suits, more commonly referred to as eviction suits. In the past, we have discussed how jurisdictional issues can appear […]
Texas Creates New Specialized Business Courts
The State of Texas is soon to join more than half of the other American states in establishing a set of civil courts dedicated solely to business litigation. Although Texas is a business-friendly state with low taxation and minimal business entity regulations, it has not historically had a court dedicated exclusively to resolving business disputes. […]
Understanding the Different Standards of Capacity in Texas
There are many times where the capacity of a person comes into question whether it be before or after certain legal documents are signed. Depending on what the legal document or situation is, the standard for determining a party’s capacity could greatly differ. Contractual Capacity To form a binding agreement, a meeting of the minds […]
Anticipatory Breach: Understanding Its Impact on Contracts
Contracts are the backbone of business transactions, providing parties with legally binding agreements that outline their rights and obligations. However, sometimes these agreements don’t go as planned. One of the situations that can disrupt a contract is an anticipatory breach. What is an Anticipatory Breach? An anticipatory breach, also called anticipatory repudiation, occurs when one […]