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. […]
Author: Philip Silberman
Understanding the Different Standards of Capacity in Texas
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 […]
Anticipatory Breach: Understanding Its Impact on Contracts
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 […]
Blockchain and Smart Contracts: Transforming Property Transactions in Texas
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, […]
Claiming Unclaimed Property in a Texas Probate
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? […]
Prepayment of Residential Mortgage Loans in Texas
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 […]
The Texas Recording Statute
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 […]
Potential Issues When Adding Members to a Texas LLC
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 […]
Understanding the Family Allowance in a Texas Probate Proceeding
Understanding the Family Allowance in a Texas Probate Proceeding Losing a loved one is an emotionally challenging time, and dealing with the practical aspects of estate administration can further compound the stress. In Texas, the Estates Code provides for various provisions to protect the rights and interests of surviving family members. One such provision is […]
Accessing a Safe Deposit Box After a Loved One Passes Away in Texas
Accessing a Safe Deposit Box When Someone Passes Away In Texas Many people have a safe deposit box to keep important valuables and documents secure. What happens if someone passes away unexpectedly, and their loved ones need to access the safe deposit box because they suspect the will is inside? There are processes in the […]