Sometimes, for a variety of reasons, residential tenants decide that it is not feasible for them to finish out the terms of their leases and that they need to move out early. While by no means ideal, early termination is sometimes a necessity — or the best of a bunch of bad options. Tenants in […]
Author: Philip Silberman
Can an Adopted Child Inherit?
In the state of Texas, if a person dies without a will, then their estate is divided amongst their heirs according to the rules of intestate succession. A person’s child or children can inherit through intestate succession. This may seem straight forward but if a decedent has adopted a child, or if a potential heir […]
The Perils of Going Pro Se in a Texas Court
Navigating the legal landscape can be a daunting task for anyone, especially when faced with a court case in Texas. In an effort to save on legal fees, some individuals may consider representing themselves in court, known as appearing “pro se.” While this decision might seem appealing, it is important to understand the risks associated […]
Are Texas Sellers Required to Disclose a Murder in the Home?
When purchasing a new home, buyers expect transparency from the seller about the property’s history and condition. One topic that often raises questions is whether Texas residential sellers are required to disclose if a murder occurred in the home. In this blog post, we’ll examine the legal implications of such a disclosure, and what sellers […]
Buying a Property Without Title Insurance in Texas
We’ve written before about the vital role that title companies play in protecting buyers of Texas real estate from undiscovered liens and other defects and encumbrances clouding the title to the property they are purchasing. Proceeding with closing on a real property purchase contract without the safety net of a policy of title insurance is […]
Having a Life Estate Provision in a Will
When preparing an estate plan, some desire to leave their real property to certain persons but want to ensure that the heir they are leaving it to uses the property for a specific person and/or does not sell the property. A way to accomplish this is by including a life estate provision in your will. […]
Understanding the Difference between Representation and Warranty in Contracts
In contract law, the terms “representation” and “warranty” are often used interchangeably, leading to confusion about their meanings and legal implications. This article aims to clarify the distinction between the two concepts and provide a legal overview of warranties in contracts. Black’s Law Dictionary defines “warranty” as “an express or implied promise by one of […]
Time is of the Essence in Contracts
Time is a fundamental element of contract law. Parties often specify deadlines or specific times for performance to ensure that each party receives the expected benefits of the contract. The phrase “time is of the essence” is often used in contracts to emphasize the importance of timely performance. This phrase means that the performance of […]
Civil Suits Arising From Criminal Violations in Texas
In Texas, a plaintiff in a civil lawsuit may sue a defendant for damages caused by the commission of a criminal offense, even if the defendant has not been convicted of the crime. This is because the civil action provided by the Texas Penal Code is separate and distinct from the criminal action. Therefore, in […]
Protecting Your Property with a Right of First Refusal in Your Texas Estate Plan
As a property owner in Texas, you want to ensure that your assets are protected and passed on to your loved ones according to your wishes. One way to accomplish this is by including a right of first refusal in your estate plan. What is a right of first refusal and why include it in […]