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 […]
Author: Philip Silberman
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 […]
Consulting Agreements in Texas
Businesses often make use of outside professionals, also known as consultants, to provide expert advice and opinions to improve a company’s operations. Many consultants are former employees who may prefer a more flexible job description or who may wish to focus on more than a single project. They may also be independent contractors who provide […]
Texas Employment Agreements
Most employment relationships in Texas are not expressly defined in a written agreement. Employees and employers generally have the right to end employment “at will,” as they choose, if that choice is not based on illegal reasons, such as race, age, or gender discrimination. Even though written employment agreements are not required by law in […]
Texas Distribution Agreements
When a company creates a product for sale, that company must determine the best way to distribute that product. Some companies choose to sell products themselves, but many companies work with people outside of the company to sell the product. Known as distributors, these companies work independently, sometimes buying products to sell with a markup […]
Survivorship Agreements for Real Estate in Texas
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 […]
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 […]