So, you’ve successfully obtained an official judgment from a court of law in the State of Texas that entitles you to receive payment from another party to a lawsuit. Well, now what? How do you get the money you’re owed? Why does your debtor refuse to pay you? What is this piece of paper even […]
Author: Philip Silberman
Calculating Damages For Destruction to Land and Trees in Texas
It is no secret that many Texans have a love affair with their land. This may include the trees that grow on this land. It is quite possible you bought the land your home sits on because of a beautiful 100-year-old giant oak trees that inhabit it. These trees add value to your land that […]
Texas “Head Shop” Laws Since Recent Hemp Legislation
Whether intentionally or not, the Texas legislature instituted momentous changes to the legal status of CBD and hemp-based products with the passing of House Bill 1325 in 2019. Since the passing of that bill, a considerable number of businesses selling newly legal CBD, hemp, Delta-8, and associated products have entered the market, and Texas regulatory […]
LLC Citizenship and Diversity Jurisdiction
Establishing Citizenship for Purposes of Diversity Jurisdiction Diversity jurisdiction is one of two methods for a federal court to have subject-matter jurisdiction over a case. If a defendant wants to remove its state case to federal court, unless federal question jurisdiction is established, the defendant will be required to show diversity jurisdiction. Diversity jurisdiction has […]
Post-Judgment Attorneys Fees Clauses Are Likely Enforceable in Texas
People seeking to enforce their rights against another party frequently wonder whether they may be entitled to receive the fees they paid their attorneys as damages. Many contracts provide for reasonable attorneys fees to be refunded to the side that prevails in a lawsuit to enforce the contract’s terms. However, when the winning party seeks […]
Removing an Executor in Texas Probate Court
Estate planning usually includes writing a valid will and/or trust(s) and appointing an executor to administer the estate’s assets upon death of the decedent. It also ensures that the testator’s wishes are carried out as stipulated. When an estate planner chooses an executor, the decision is usually based on their strong relationship as well as […]
Written Notice Requirements for Termination Under a Texas Contract
A well-drafted contract includes language to provide for the consequences of almost any possibility. One of the many things such a contract provides for is the possibility of termination before all the obligations under the contract are met. Should one of the parties wish to terminate a contract early or officially notify another party of […]
Surviving Spouse Homestead Right
As a married individual, you may wonder what rights you have to your home in the event of your spouse’s death. Article XVI, § 52 of the Texas Constitution can help answer this question. Constitutional Rights Article XVI, § 52 of the Texas Constitution states that, “On the death of the husband or wife, or […]
The Offering Memorandum in Texas
When privately-held business owners want to grow their business, they will often reach out to potential investors, hoping to raise money which will fund that growth. Understandably, investors want to know as much as possible about the business and its financial status before investing. An Offering Memorandum serves the purpose of providing information to potential […]
Non-Probate Assets in Texas
Estate planning is an opportunity for a family member to ensure that the estate’s assets are distributed exactly as the planner wishes. Estate planning may create a valid will and/or trust(s) which provide care for family members. Estate planners also want to avoid unintended consequences while maximizing the value of assets for beneficiaries. Knowing, for […]