One of the biggest legal myths in Texas is that jointly owned property automatically goes to the surviving co-owner upon one owner’s death. Once a joint owner (co-tenant) of property dies without a will, Texas intestacy law governs the distribution of the deceased owner’s interest in the property. One of the easiest ways for co-owners […]
Author: Philip Silberman
Texas Assumption Deed of Trust
A deed of trust in Texas transfers title of real property in trust and is often used as part of a real estate transaction that includes a Warranty Deed with a Vendor’s Lien and a Promissory Note. It functions in a way similar to mortgages used in other states. As the title indicates, in a […]
Owelty of Partition Deeds in Texas
Co-ownership of property provides many advantages for owners if everyone agrees about the shared property and its use. When relationships, finances, or other factors change, however, co-ownership may no longer be the best option. Fortunately, Texas laws provide several options for opting out of co-ownership without great difficulty or cost. One such option is an […]
Partition Deeds in Texas
Joint ownership of land is common throughout Texas. Since relationships and situations can change, though, Texas law provides a way for joint owners to voluntarily divide the property. Let’s say, for example, that siblings are named co-owners of land that they inherited from their parents. Perhaps the arrangement works well until one sibling wants to […]
The Purpose of the Railroad Commission of Texas
The Texas Railroad Commission, also known as the Railroad Commission of Texas, performs an essential role in Texas, but its title is deceptive. Created in 1891 when the cattle industry was a dominant force in our state’s economy, the TRC at that time regulated the railroads which brought Texas cattle to markets across the country. […]
Bills of Sale in Texas
Having written documentation that verifies the change of legal ownership is always a smart idea. A written record that details the transfer of personal property is also known as a bill of sale. In Texas, a bill of sale is not legally required; however, creating or obtaining one is a valuable way to verify a […]
Changes to Filing the Texas Homestead Exemption
Texas homeowners have always had a homestead exemption available to them for their primary residence. This exemption helps to lower property taxes for homeowners by excluding a portion of the appraised value of the home from its taxable value. For example, an exemption of $25,000 from a home’s taxable value is available from most Texas […]
Amending a Texas Will with a Codicil
Writing a valid will is a critical part of estate planning. In it the testator, the person writing the will, can specify exactly which assets will go to whom. The will also identifies who will be the executor of the estate, the person or persons responsible for carrying out the will and managing taxes, debts, […]
Working with a Lawyer When Buying a Home in Texas
The biggest purchase of anyone’s lifetime is usually the purchase of a home. Many home buyers turn to an experienced and qualified real estate agent to help them through the process. An attorney also offers invaluable knowledge and assistance, and for that reason, most states also require a real estate attorney to be included in […]
Employees vs. Independent Contractors in Texas
Growing a successful company means that a business owner will probably need to hire help at some point. A business owner must not only determine the company’s needs but also whether those needs will be best served by independent contractors or employees. An independent contractor’s job expectations and compensation are usually outlined in an independent […]