Once you have been appointed as an Administrator or Executor of an Estate, you are now a fiduciary for the beneficiaries and persons interested in the estate. As a fiduciary, there are certain duties in which you owe such beneficiaries. When determining what those duties are, Texas law generally holds an Administrator to the same […]
Author: Philip Silberman
Paying Compensation in Exchange for Confidentiality
In today’s discourse, the term “hush money” often carries a sensational undertone, highlighted in numerous high-profile instances, including allegations involving public figures like former President, Donald Trump. However, beyond the headlines, it’s crucial to understand the legal foundations and acceptability of paying for confidentiality in many professional and personal contexts. The Legality of Confidential Payments […]
Legal Solutions for Landlocked Properties in Texas
Landlocked properties present unique challenges for real estate owners in Texas. When a parcel of land has no public road or street access, and is surrounded by other privately owned properties, it is referred to as being landlocked. This situation can lead to complications for property owners, especially those who acquire such properties through tax […]
Understanding the Eviction Process in Texas
In Texas, the process of evicting a tenant can be complex and nuanced. It is governed by statutes and regulations that must be strictly complied with. Landlords and tenants alike must understand their rights and obligations to navigate this process effectively. Notice to Vacate:Â The eviction process typically begins with the landlord providing the tenant […]
Florida’s New Anti-Squatter Law and Its Implications
Recently, Florida Governor Ron DeSantis signed a new anti-squatter law, officially known as Bill 621, which has significant implications for property rights and management in the state. This law represents a drastic shift from traditional approaches to squatting, which is legally known as adverse possession. Florida’s Shift: Eliminating Squatter Rights Under the new Florida law, […]
How Texas Lawyers Manage Client Funds
In the realm of lawyers, the management of client funds is governed by strict regulations to ensure integrity and trust in the attorney-client relationship. In Texas, the Interest on Lawyers Trust Accounts (IOLTA) program plays a critical role in this process. What is an IOLTA? An IOLTA is a special type of trust account for […]
House Bill 14 Springboards New Home Development
Here at the Silberman Law Firm, our attorneys frequently receive calls from potential new clients complaining of and about their new construction (both residential and commercial) taking much longer than they expected to complete. Some of the delay in these new builds can definitely be attributed to lazy developers, but a not-insignificant amount of the […]
Does Mortgage Discharge in Bankruptcy Remove the Underlying Lien?
Filing for bankruptcy significantly affects mortgage obligations, a reality often misunderstood in Texas. The law draws a crucial distinction between discharging debt and removing property liens. This nuance is vital for homeowners considering bankruptcy and its implications on property ownership and sale. Bankruptcy Misconceptions and the Reality of Liens Many believe that bankruptcy frees them […]
Are Verbal Contracts Binding in Texas?
Verbal contracts are often confusing because of a mixture of myth and misunderstanding. In Texas, the answer to whether these agreements are binding isn’t a simple yes or no answer. It’s a nuanced journey through the state’s laws, particularly the Statute of Frauds. At its core, Texas law does recognize verbal contracts as binding, with […]
Divorce and Estate Planning in Texas
Divorce is a significant life event that brings about emotional and financial changes, impacting more than just one’s marital status. Among the numerous adjustments, one critical area that often gets overlooked during and after divorce proceedings is estate planning. In Texas, where state laws uniquely influence estate planning and probate processes, understanding how divorce affects […]