The concept of assumption of risk is a fundamental principle in tort law. It essentially means that if a person voluntarily exposes themselves to a known danger, they may not be able to hold another party liable for any resulting injury or damage. The decision to purchase or reside on property adjacent to a known […]
Author: Philip Silberman
How to Disinherit Your Children
The process of disinheriting a child is a legal right in Texas, but it must be handled with care to prevent the will from being challenged in court. Simply omitting a child from a will is a risky strategy that can be easily contested, so a more deliberate and explicit approach is required. Why Not […]
How to Get Specific Performance in Texas
When seeking specific performance as a remedy for a breach of a real estate contract in Texas, a buyer must take certain actions to show they were ready to fulfill their part of the agreement. The core requirement is that the non-breaching party must elect the remedy of specific performance over monetary damages. In addition, […]
Anticipatory Repudiation in Real Estate Transactions Explained
When a person or company breaches a contract,the other party can seek a legal remedy. In real estate, a common remedy is specific performance, which compels the breaching party to fulfill the terms of the contract. A buyer pursuing specific performance must prove they were “ready, willing, and able” to close the deal. The most […]
How to Protect Your Texas Hunting Property from Liability
Using a Single-Purpose LLC and a Lease Structure to Separate Risk Owning rural land in Texas and leasing it for hunting can be a great income stream — but it also comes with serious risk. Hunting operations combine firearms, vehicles, alcohol, dogs, and unpredictable wildlife. One accident could lead to a lawsuit that puts your […]
The Steps in The Eminent Domain Process in Texas
Initial Offer and Negotiation The eminent domain process begins when a governmental or private entity with eminent domain power makes a written initial offer for your property. This offer is often a low-ball figure, and property owners are generally advised not to accept it without careful consideration. You have the right to respond, negotiate, or […]
What is Eminent Domain?
Eminent domain is the right of the government to take private property for public use. While this may seem a shocking concept, it’s actually a power enshrined in the U.S. Constitution. Specifically, the Fifth Amendment states that private property cannot be taken for public use without just compensation. This means that while the government can […]
What is Scire Facias?
A scire facias is a legal writ that is used in Texas courts to bring a new party into an existing lawsuit, typically when an original party has died. The Latin term literally means “you should make known,” and its purpose is to notify the executor or administrator of the deceased’s estate that they must […]
Can You Probate an Estate in Texas After Four Years?
The law surrounding probate can be complex, especially when a significant amount of time has passed since the decedent’s death. While there’s a good reason for the probate process, it can become difficult to navigate if it’s not handled promptly. The Four-Year Rule Texas law includes a provision that makes probating a will challenging after […]
Practical Considerations for the Number of Series in a Series LLC
Series LLC’s have become popular vehicles for separating assets within each series of a single LLC. While there is no legal cap, it’s wise to consider a practical limit. A common number mentioned in practice is around one hundred, though this is based more on prudent risk management than a legal rule. The main reason […]