Of the many tools available to Texans for planning out the distribution of their assets following their deaths, two of the most commonly used are the Lady Bird Deed (more formally known as an Enhanced Life Estate Deed) and the Transfer on Death Deed (TODD). Both tools allow the signer to convey to another person […]
Author: Philip Silberman
Can a Builder Require You to Use a Certain Lender?
When buying a home from a builder, you might hear that you must use the builder’s preferred lender. This can be confusing and concerning for many homebuyers. The question is, can a builder legally require you to use a specific lender for your mortgage? The short answer is no, they cannot. Understanding Your Rights as […]
Understanding Dismissals With and Without Prejudice in Texas Law
When a court case ends, the result is either a judgment or a dismissal. In a judgment, the court makes decisions about the rights and liabilities of the parties in the legal case. In a dismissal, the court terminates the case without a trial or final judgment on the merits of the case. Here, we […]
When Complex Estate Planning and Trusts Become Necessary
When considering estate planning, it’s essential to understand who truly needs complex instruments like living trusts. Contrary to popular belief, the vast majority of individuals do not require extensive estate planning. For most Texans, a straightforward will and basic powers of attorney are sufficient to ensure their assets are managed and distributed according to their […]
Waiving Trial by Jury in a Contract: What You Need to Know in Texas
When entering into a contract in Texas, it’s not uncommon to come across a clause that requires the parties to waive their right to a trial by jury. While this provision might seem like a minor detail amidst the sea of legal language, it can have significant implications should a dispute arise. Understanding what it […]
How to Transfer Vehicle Ownership After Death in Texas
When a loved one passes away, handling their estate can be challenging, especially when it comes to transferring ownership of their assets. One common asset that often needs to be transferred is a vehicle. In Texas, there is a simplified process for transferring the title of a vehicle after the owner’s death, particularly when the […]
Enforcement of Security Interests in Texas: Remedies and Procedures
The enforcement of security interests is a critical aspect of commercial transactions, providing secured parties with the confidence that they can reclaim their collateral in the event of debtor default. The Uniform Commercial Code (UCC), particularly Article 9, outlines the remedies available to secured parties and the procedures they must follow. In Texas, the enforcement […]
Can You Sue Your Spouse for Partition in Texas?
In Texas, the concept of partition is a legal mechanism that allows co-owners of property to divide their shared interest when they cannot agree on the disposition of the property. However, when it comes to partitioning property with your spouse, the situation becomes more complex. What is Partition? Partition is used when two or more […]
Pretermitted Children and Inheritance in Texas: Understanding Your Rights
In Texas, inheritance laws are designed to ensure that the wishes of a deceased individual (the testator) are honored and that their assets are distributed according to their estate plan. However, sometimes unforeseen circumstances arise, such as the birth or adoption of a child after the creation of a will. These children, known as “pretermitted […]
Navigating the Junk Fee Prevention Act
In recent years, “junk fees” have become a pervasive issue affecting consumers across various industries. These hidden or deceptive fees are often added to the cost of goods and services, leading to unexpected expenses for consumers. To address this, the Biden administration has proposed the Junk Fee Prevention Act, aimed at curbing these unfair practices. […]