When owners sell a house “as in” in Texas, they are signaling that updates or repairs will not be part of the negotiation process with buyers. The buyer is agreeing to accept the physical condition of the house in its current state. An “as is” clause protects a seller if a buyer later makes claims […]
Author: Philip Silberman
Intellectual Property License Infringement vs Breach of Contract
An Intellectual Property License allows an innovator, the licensor, to protect and capitalize on that intellectual property. It allows another party, the licensee, to use that IP, which may take such forms as trade secrets, operational knowledge, registered designs, or proprietary information. Ideally, the relationship is complementary; the licensor profits by allowing the licensee to […]
Probate Mediation in Texas
The Mediation Process in Texas offers alternatives for settling legal disputes outside of the courtroom. Many are aware of mediation in business matters and family court, but the mediation process is also a viable option with probate issues. This less adversarial, less costly option to court proceedings provides ways to de-escalate tension among family members […]
Fiduciary Duties are Not Created in Most Contracts
Many people rely upon the services of professionals to carry out work or perform a task for them that they may not have the know-how or resources to do themselves. You may believe that, in general, this creates a relationship between you and your professional service provider that requires them to keep your best interests […]
Texas Uniform Partition of Heirs’ Property Act
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 […]
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 […]