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 […]
Author: Philip Silberman
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 […]
Understanding S.B. No. 147: Implications for Foreign Property Ownership in Texas
Recently, the Texas legislature considered some bills that, if eventually passed into law, would have major implications for both current and prospective property owners in Texas. One of those bills was considered in the 88th Texas legislative session—S.B. No. 147, a bill particularly concerning for foreign individuals and entities. While the 88th legislative session is […]
The Joint Will: An Unsuitable Estate Planning Tool in Texas
Understanding the complexities of estate planning can feel daunting, particularly when it involves loved ones. A joint will, a document often utilized by spouses to establish mutual asset distribution, might initially appear as an attractive solution. However, within the unique legal landscape of Texas, joint wills are generally discouraged. Understanding Joint Wills Joint wills allow […]
Texas Home Buying Basics: Earnest Money and the Termination Option
First-time home buyers in Texas may find themselves overwhelmed with unfamiliar terminology surrounding the purchase process. To protect their interests, such buyers should work to gain a basic understanding of the fundamentals of a home purchase before committing themselves to a contract. Two of the basic concepts of the typical home purchase with which every […]
The Statute of Repose and Construction Defects
What is the Statute of Repose? The term may lead one to think of the statute of limitations to bring certain actions under Texas law, and while it may operate in a similar fashion, there is one important caveat. A statute of limitation bars a cause of action following an injury or damages, or the […]
Issues When Leasing Your Property to a Solar Panel Company in Texas
If you own land in Texas, you may be approached by a solar panel company wanting to lease all or a part of your property to install a “solar panel farm,” basically, acres and acres of electricity-generating solar panels. A typical solar panel farm requires hundreds of acres of empty land in a location that […]
Allocating HOA “Buy-In” When Purchasing or Selling a Home in Texas
Homes located within developed subdivisions in Texas are often subject to mandatory membership in the subdivision’s Homeowners’ Association (HOA). The membership requirement is typically found in a restrictive covenant or other recorded instrument that affects the house itself, meaning that the owner of the home cannot sell the property without the buyer being subject to […]
Removing an Agent Under a Durable Power of Attorney
Granting someone a durable power of attorney is a significant decision that allows another person or entity to make financial and legal decisions on your behalf. However, circumstances may arise where you find it necessary to remove an agent from their role. In the state of Texas, there are specific guidelines and procedures to follow […]