Series LLC’s have become popular vehicles for separating assets within each series of a single LLC. While there is no legal cap, it’s wise to consider a practical limit. A common number mentioned in practice is around one hundred, though this is based more on prudent risk management than a legal rule. The main reason […]
Author: Philip Silberman
Are Non-Competes Binding on Lawyers in Texas?
The Public Policy Behind the Ban In Texas, non-compete agreements for lawyers are not legally enforceable. This is not primarily to protect the lawyer, but rather to protect the public and the client’s right to choose their legal representation. The Texas Disciplinary Rules of Professional Conduct, specifically Rule 5.06(a), states that a lawyer shall not […]
Can You Force an Executor to Probate a Will?
When a person passes away, their will names an executor to handle their estate. But what happens if the executor doesn’t take action? This can leave beneficiaries and alternate executors in a difficult position, wondering if they can force the issue. The Problem of Inactive Executors It’s a frustrating situation when a named executor refuses […]
Help! My Builder is Taking Too Long to Build My House
When you sign a contract with a builder to construct your new home, you expect the process to follow a reasonable timeline. However, many people find themselves in a frustrating situation where their builder seems to be taking forever to complete the project. It’s a common issue that often leads buyers to question their legal […]
What is a Fixture?
Defining a Fixture in Real Estate In real estate, a fixture is any item of personal property that has been attached to the real property in a way that it becomes a part of the real property. Several examples include HVAC systems, built-in appliances like dishwashers, and even speakers mounted to a wall. The key […]
Pretend Sales to Circumvent Homestead Protection
In Texas, homestead protections are a powerful legal shield designed to prevent homeowners from losing their primary residence to creditors. However, some unscrupulous lenders have attempted to find creative ways to get around these protections, often through “pretend sales” and other complex documents. These schemes are designed to give lenders a claim on a homesteaded […]
How Long Does It Take a Judge to Rule?
After a bench trial, where a judge, rather than a jury, hears the case and makes a decision, clients often ask when they can expect a ruling. It’s a common misconception that a judge will give an immediate decision. The reality is that it’s quite rare for a judge to rule from the bench. Instead, […]
Is an Offer of Admission a Binding Contract?
The season of college and private high school admissions brings a wave of excitement and tough decisions for students and parents. An offer of admission feels like a final step, but is it a legally binding contract? This question often arises when a school or a student changes their mind after an acceptance letter has […]
Suing Realtors For Overcharging Commission
A recent change in real estate rules has sparked a new wave of legal questions, particularly for homebuyers in Texas. Prior to July, Multiple Listing Services (MLS) in places like Texas automatically included a 3% buyer’s agent commission. This practice has since changed following a lawsuit alleging anti-competitive practices. Now, Realtors are no longer able […]
Can You Make Your Will Conditional on a Beneficiary Action?
When drafting a will, many people want to leave their assets to beneficiaries with certain conditions attached. This raises a crucial question in estate planning: are these conditional bequests legally enforceable? The short answer is yes, it is legally enforceable to include conditions in a will. However, while it is possible, it can lead to […]