Defamation lawsuits often make headlines in the news, which probably contributes to their place in the popular imagination. But in Texas, defamation lawsuits face significant challenges that make them particularly difficult to pursue successfully. The First Hurdle – The Texas Citizens Participation Act (TCPA) A TPCA motion is the first hurdle that any defamation lawsuit […]
Author: Philip Silberman
Who Can See a Will After Someone Dies?
When a loved one passes away, the handling of their will can become a focal point of concern, particularly for potential beneficiaries curious about their inclusion in the will. Conflicts often arise when someone is believed to be withholding the will or refusing to disclose its contents. Understanding the legal obligations and rights concerning the […]
Can Felons Serve as Executors in Texas?
The implications of having a criminal record can complicate one’s ability to serve in significant roles, such as an executor of an estate. Traditionally, Texas law has been stringent about who can serve as an executor of an estate. Being an executor is a crucial role, involving managing a deceased person’s estate and ensuring that […]
Understanding the Duties of an Administrator to Beneficiaries in Texas
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 […]
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 […]