Partition is the division of real property among joint owners and is an absolute right in the state of Texas. Texas law will not force one owner to maintain a joint ownership if he or she wishes not to for any reason. In this case, a joint owner may compel a partition in kind or […]
Author: Philip Silberman
Homestead Exemptions for Jointly Owned Property
Texas is unique in its sacred protection of the homestead. The Texas homestead laws are found in Texas Constitution Article XVI, Section 50 and outline the unique protections available to the homestead of a family or single adult. The benefits of Texas homestead laws provide both a tax exemption to remove part of the […]
Stark Law in Texas
Named after Congressman Pete Stark, the Stark Law amended the Social Security Act to limit a referring physician’s ability to refer Medicare and Medicaid patients in ways that benefit the physician. Also known as a self-referral law, it was enacted to fight healthcare fraud and abuse by decreasing the opportunity for a physician to receive […]
Undue Influence in Texas Probate Cases
Creating a valid will in Texas offers peace of mind for family members as well as for the person writing the will, known as the testator. In certain cases, however, the validity of the will may be challenged in court. As Baby Boomers are aging, many are moving into assisted living and nursing facilities, where […]
Licensing Intellectual Property in Texas
Historically, the United States has placed high value on protecting a person’s original work, going all the way back to when George Washington signed into law the Copyright Act of 1790. The first work registered under the copyright law was a spelling book written by John Barry. Today, Intellectual Property takes many forms, such as […]
Testamentary Capacity and Testamentary Intent in a Will
A Last Will and Testament is a legally binding document that ensures a testator’s estate is distributed according to that person’s wishes. Having a valid will safeguards a testator’s intent for the estate without leaving loved ones to guess what the testator wanted. Two important components when establishing a valid will are having testamentary capacity […]
Converting Separate Property to Community Property in Texas Must Be Clearly Intended
While most assets earned or acquired during a marriage are community property, other assets that were separate property at the time of marriage remain separate property. It is possible to convert separate property into community property, but anyone intending to do so must sign and execute a conversion agreement exactly as laid out in the […]
Executor Fees in Texas
A person who is named executor of an estate has an important and sometimes difficult job, especially when the estate is a large one. Administering the estate means that the executor must inventory the estate, file bills, maintain records, and then pay all debts and taxes on the estate, among other tasks. A large estate […]
Corporate Dissolution in Texas
Just as there are good reasons and specific procedures for creating a corporation in Texas, there are good reasons and specific procedures for dissolving corporations as well. Whether it’s due to retirement, a falling out with business partners, or financial issues, corporate dissolution is sometimes the best option. However, failing to follow state requirements to […]
Determining Mineral Rights in Texas
When considering the value of property, most people focus on the surface, the house or land, but sometimes the greatest value of the land is in what lies beneath the surface, its minerals. Like houses and lots, minerals are labeled as real property in Texas and may be conveyed with the sale of the property. […]