The question of how much an executor of an estate is entitled to charge for their services is a common one, especially for individuals who are not named as beneficiaries in a will. In Texas, the compensation for an executor is governed by state law, which sets a maximum amount that is often far less […]
Author: Philip Silberman
Are Email Agreements Binding in Texas?
The question of whether an agreement reached through email is legally binding in Texas is common, and the answer, as with many legal issues, is: it depends. In Texas, the medium of communication does not determine whether a contract exists; the content of the communication does. Therefore, an email can absolutely constitute a valid and […]
What Happens When One LLC Member Dies?
The death of a member in a Limited Liability Company (LLC) can create immediate operational and legal challenges for the surviving owners. For a closely held, multi-member LLC, what happens next is determined by two main factors: the Operating Agreement and, if that document is silent, state law, which often forces the matter into probate. […]
Golf Course Living is a Classic Example of Assumption of Risk
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 […]
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 […]