When preparing an estate plan, some desire to leave their real property to certain persons but want to ensure that the heir they are leaving it to uses the property for a specific person and/or does not sell the property. A way to accomplish this is by including a life estate provision in your will. …
Author: psilberman
Understanding the Difference between Representation and Warranty in Contracts
In contract law, the terms “representation” and “warranty” are often used interchangeably, leading to confusion about their meanings and legal implications. This article aims to clarify the distinction between the two concepts and provide a legal overview of warranties in contracts. Black’s Law Dictionary defines “warranty” as “an express or implied promise by one of …
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Time is of the Essence in Contracts
Time is a fundamental element of contract law. Parties often specify deadlines or specific times for performance to ensure that each party receives the expected benefits of the contract. The phrase “time is of the essence” is often used in contracts to emphasize the importance of timely performance. This phrase means that the performance of …
Civil Suits Arising From Criminal Violations in Texas
In Texas, a plaintiff in a civil lawsuit may sue a defendant for damages caused by the commission of a criminal offense, even if the defendant has not been convicted of the crime. This is because the civil action provided by the Texas Penal Code is separate and distinct from the criminal action. Therefore, in …
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Protecting Your Property with a Right of First Refusal in Your Texas Estate Plan
As a property owner in Texas, you want to ensure that your assets are protected and passed on to your loved ones according to your wishes. One way to accomplish this is by including a right of first refusal in your estate plan. What is a right of first refusal and why include it in …
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Caring for Your Home When Your Co-Owner is an Absentee
Some of our clients find themselves in the unfortunate position of co-owning their home with someone who, due to absence, inability, or both, does not contribute to the upkeep of the home. Perhaps the client’s former spouse failed to comply with a divorce decree and moved out without deeding their half ownership of the marital …
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Landlord Liability For Breach of Lease in Texas
If you have a validly signed lease and your landlord breaches that lease, what are your rights and remedies under Texas law? Landlord liability in this situation is governed by statute and further clarified by case law. The Texas Property Code states, “If the landlord of a tenant who is not in default under a …
Important Texas Probate Terms
At one time or another, most people will have to navigate the intricacies of probating a will. This can be difficult for a variety of reasons both emotional and practical, but having a good grasp of the terminology involved will ease the process. Please see below for definitions of commonly used terms related to probating …
Proposed Federal Trade Commission Non-Compete Ban
Our firm frequently receives requests from individuals in varied fields to review non-compete agreements their employers have presented them. We have previous blog posts about the enforceability of general non-compete agreements and the specific requirements for physician non-compete agreements. Soon, however, non-competes may become a thing of the past. On January 5 of this year, …
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What is Considered a Valid Property Description in a Texas Deed?
Not all real estate deeds are created equally. Formatting can vary from attorney to attorney, or even from individual to individual if you decide to draft the deed yourself. Generally speaking, a valid Texas deed must include all of the following: the names of the grantor and grantee involved in the transaction, their intent to …
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