Philip Silberman | Silberman Law Firm, PLLC

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 […]

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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 […]

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Are Non-Competes Binding on Lawyers in Texas?

The Public Policy Behind the Ban In Texas, non-compete agreements for lawyers are not legally enforceable. This is not primarily to protect the lawyer, but rather to protect the public and the client’s right to choose their legal representation. The Texas Disciplinary Rules of Professional Conduct, specifically Rule 5.06(a), states that a lawyer shall not […]

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Can You Force an Executor to Probate a Will?

When a person passes away, their will names an executor to handle their estate. But what happens if the executor doesn’t take action? This can leave beneficiaries and alternate executors in a difficult position, wondering if they can force the issue. The Problem of Inactive Executors It’s a frustrating situation when a named executor refuses […]

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What is a Fixture?

Defining a Fixture in Real Estate In real estate, a fixture is any item of personal property that has been attached to the real property in a way that it becomes a part of the real property. Several examples include HVAC systems, built-in appliances like dishwashers, and even speakers mounted to a wall. The key […]

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Pretend Sales to Circumvent Homestead Protection

In Texas, homestead protections are a powerful legal shield designed to prevent homeowners from losing their primary residence to creditors. However, some unscrupulous lenders have attempted to find creative ways to get around these protections, often through “pretend sales” and other complex documents. These schemes are designed to give lenders a claim on a homesteaded […]

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How Long Does It Take a Judge to Rule?

After a bench trial, where a judge, rather than a jury, hears the case and makes a decision, clients often ask when they can expect a ruling. It’s a common misconception that a judge will give an immediate decision. The reality is that it’s quite rare for a judge to rule from the bench. Instead, […]

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