During its last session, the Texas legislature implemented some much-needed tweaks to the Texas Estates Code aimed at reducing delays, eliminating unnecessary formalities, and addressing persistent logistical problems in the probate process. The following is a selection of the most notable changes made to the Code and a description of their likely effects on the …
Legislative Update: Recent Changes to the Probate Process in Texas Read More »
According to Texas Property Code Sec. 24.004, the Justice of the Peace courts (commonly referred to as “JP courts” or “Justice Courts) have original jurisdiction to hear cases regarding forcible detainer and forcible entry and detainer suits, more commonly referred to as eviction suits. In the past, we have discussed how jurisdictional issues can appear …
The State of Texas is soon to join more than half of the other American states in establishing a set of civil courts dedicated solely to business litigation. Although Texas is a business-friendly state with low taxation and minimal business entity regulations, it has not historically had a court dedicated exclusively to resolving business disputes. …
There are many times where the capacity of a person comes into question whether it be before or after certain legal documents are signed. Depending on what the legal document or situation is, the standard for determining a party’s capacity could greatly differ. Contractual Capacity To form a binding agreement, a meeting of the minds …
Understanding the Different Standards of Capacity in Texas Read More »
Contracts are the backbone of business transactions, providing parties with legally binding agreements that outline their rights and obligations. However, sometimes these agreements don’t go as planned. One of the situations that can disrupt a contract is an anticipatory breach. What is an Anticipatory Breach? An anticipatory breach, also called anticipatory repudiation, occurs when one …
Anticipatory Breach: Understanding Its Impact on Contracts Read More »
The intersection of blockchain technology and real estate law is a novel yet increasingly relevant field of study. As blockchain continues to show its versatility beyond its origins in cryptocurrency, it holds the potential to revolutionize various industries, including property transactions. This post explores how smart contracts could reshape the real estate landscape in Texas, …
Blockchain and Smart Contracts: Transforming Property Transactions in Texas Read More »
When we think about the assets in our estate, it’s natural to consider the more tangible and immediate items like real estate, bank accounts, and personal belongings. However, there are often overlooked assets that may have significant value and can easily become unclaimed property and create implications in the probate process. What Is Unclaimed Property? …
Most of the clients who come to our firm with concerns about their mortgage want to know what could happen to them if they are unable to make their payments, or how best to limit their financial exposure for payments they have already missed. Far fewer approach us with questions about what they should do …
Prepayment of Residential Mortgage Loans in Texas Read More »
Recording in General Some people mistakenly believe that merely having a signed deed is evidence of clear ownership of real property and all that is needed to enforce your claim. Although the process has evolved over time and may vary from state to state, the overwhelming majority of states, if not all of them, stress …
Texas limited liability companies (LLCs) have become a very popular structure for new businesses for many reasons. The owners of an LLC, called members, do not face personal liability for the debts of the LLC, including debts resulting from lawsuits against the LLC. The LLC requires an initial filing with the State of Texas, but …
Potential Issues When Adding Members to a Texas LLC Read More »
