The concept of community property originated with Spanish civil law and came to Texas via Mexico. Today, Texas is one of only nine community property states in the country. The term community property applies to the concept of combining separate assets, typically through marriage. The Texas Constitution and Texas Family Code provide definitions and procedures […]
Author: Philip Silberman
Converting to a Texas Entity
Texas is a business-friendly state in a variety of ways, drawing businesses nationally and internationally. Whether the business is a corporation, an LLC, or a limited partnership, if that business chooses to become a Texas entity, it must follow certain guidelines and procedures established by the Texas Business Organizations Code (BOC). Filing a Plan of […]
Emergency Guardianship in Texas
Sometimes situations arise in which a person becomes a danger to self or others, and the legal system must intervene. Sudden illness such as a stroke or illness may incapacitate a person. Or perhaps the ability to responsibly care for others or oneself diminishes over time due to dementia, substance abuse, or mental illness. When […]
Texas Nonprofit Corporations
Structurally, a nonprofit corporation resembles other corporations with a board of directors whose members are exempt from personal liability. While a corporation is formed primarily to profit shareholders, a nonprofit corporation is formed to provide a public service. Contrary to widespread belief, a nonprofit organization may in fact earn a profit; however, in a for-profit […]
Registering an Out-of-State Company to Do Business in Texas
Texas has a reputation for being business-friendly and for encouraging businesses from outside of Texas to work here. If a business from another state or country wishes to operate in TX it must first register with the Texas Secretary of State. Steps to Registration The first step of registration is to visit TX SOS. Â Registration […]
Texas Builder Contracts for Residential Construction
A property owner invests large sums of money as well as great faith in a builder who is constructing a custom house. Before the construction begins, owner and contractor should discuss key points, agreeing on such issues as time frame, materials, costs, and contingency plans. A residential construction contract documents those agreements, ensuring that everyone […]
Proof of Death in the Texas Probate Process
When a loved one dies, the estate goes into probate, the legal process for distribution of assets. The first step to begin probate is to file a petition with the court which appoints an administrator of the estate. That petition must be filed within four years of the decedent’s death, and it must offer proof […]
Per Stirpes vs. Per Capita in Texas
A valid will identifies the beneficiaries and which assets they’ll receive, as well as when and how exactly the beneficiaries will receive those assets. The person writing the will, the testator, also chooses one or sometimes two executors who ensure the will is carried out as written. The testator may also choose between dividing the […]
Notice to Creditors as Part of Texas Probate
Ideally, a valid will designates the beneficiaries of an estate, how assets will be divided among beneficiaries, and the name(s) of the executor(s) who will be in charge of carrying out the wishes of the decedent, the person who wrote the will. Most wills call for independent probate administrations as opposed to dependent administrations. As […]
The Spearin Doctrine in Texas
Construction projects do not always go smoothly, to the consternation of property owners and construction companies. Sometimes the surprises are unforeseeable and unavoidable, but sometimes they are the result of carelessness, miscommunication, or poor planning. Given the time and expense of these projects, the courts have often been involved in determining liability when construction projects […]