While most people choose to trade in their vehicles at a dealership to avoid the hassle, selling a car to a private party can often net a higher price. However, unlike a dealer transaction, the burden of ensuring the legal paperwork is handled correctly falls entirely on you. In Texas, a handshake deal isn’t enough; […]
Author: Philip Silberman
Bonding Around Contractor Liens in Texas
Facing a surprise mechanic’s lien right before a major real estate closing or refinance can be a nightmare. While many people might try filing a lawsuit to have the lien removed, there is a far more efficient statutory process in Texas that allows for bonding around the lien. What Does It Mean to “Bond Around” […]
How to Find Heirs in Texas
Locating heirs is a critical, and often challenging, step in the Texas probate process. Whether a loved one died without a will (intestate) or a named beneficiary in a will has moved and lost contact, the law requires a diligent effort to find these individuals before an estate can be fully settled. Why Locating Heirs […]
What Kind of Witnesses Do You Need in a Will Contest?
In a Texas will contest, particularly one involving allegations of dementia or a lack of capacity, the evidence often comes down to the testimony of those who knew the deceased best. Proving a case in court requires a combination of “real-world” observations and professional expertise to paint a complete picture of the testator’s mental state […]
How to File a Will Contest
Contesting a will is a complex legal process that may center on the testator’s capacity, any technical defects in the will and/or whether the testator was under any duress. The Importance of Strategic Timing A critical factor in a will contest is whether the challenge is filed before or after the will has been admitted […]
Contesting Wills Based on Dementia
One of the most common reasons for a will contest is the allegation that the person making the will lacked the mental capacity to do so. This often arises when a loved one was suffering from dementia or Alzheimer’s at the time the document was signed. Understanding the legal threshold for “testamentary capacity” is the […]
Civil Suits for Stolen Property Explained
If someone steals your property whether it’s a high-end tractor or the wheels on your car—you don’t have to wait for the police to act. While theft is a criminal matter, it also creates civil liability. In Texas, victims of theft have powerful legal tools to recover the value of their property and, in many […]
Is a Trust a Legal Entity?
Many people imagine a trust as a “box” where they can place assets to keep them safe from creditors or legal trouble. However, in the eyes of the law, a trust is not actually a separate legal entity in the same way a corporation or an LLC is. Instead, it is a legal relationship. The […]
Can I Use a Nonprofit to Avoid Paying Tax?
It is a common “secret sauce” myth on social media that forming a nonprofit is the ultimate loophole to avoid paying income tax while still getting rich. While nonprofits do benefit from tax-exempt status, using one as a shell for a for-profit business is not a savvy financial move—it is a criminal one. The Reality […]
How to Transfer a DBA When Selling a Business
When a business changes hands through an asset purchase, the buyer often wants to keep the existing “brand name” or DBA (Doing Business As) to maintain the goodwill built with customers. While it might seem like a complex process, transferring an assumed name in Texas is straightforward if the right steps are taken in the […]