Even before children are born, parents worry about how best to care for them. Many forget though that one of the best ways to guarantee a family’s stability is through estate planning, which can provide for children and grandchildren beyond the parents’ lifetimes. For example, a trust offers financial stability to a minor child by […]
Author: Philip Silberman
The Attorney Ad Litem in Heirship Determinations
When someone dies intestate, without a will, the Texas Estates Code provides guidance about how to determine the heirs of that estate and how to divide the estate. In a previous article, we provided a general outline for determining heirship in Texas. This article focuses more fully on the role of an Attorney Ad Litem […]
Voidable Deeds
Deeds procured by fraudulent misrepresentation are voidable A voidable deed is one that can be set aside or reformed if necessary to correct a mistake. A fraudulent deed is also voidable. See Maeberry v. Gayle, 955 S.W.2d 875 (Tex. App.—Corpus Christi 1997, no writ) (rescission of deed obtained by fraud was warranted). However, the deed […]
Void Deeds Fraud
Forged deeds are void ab initio Any time a deed is forged, that deed becomes void, considered null ab initio, from the beginning. It cannot be registered, and its intended function as a conveyance of property is completely inoperable and unenforceable. Simply making a claim is not sufficient to render it void, however. If a […]
Void and Voidable Deeds in Texas
Determining whether a deed is void or voidable is critical when determining the validity of the conveyance and the best procedure to challenge the instrument. A deed is defined as either void or voidable at the time that the deed is executed and delivered. A deed is a type of contract, and if a contract […]
Request Which Seeks Assertions of Privilege
Texas Rules of Civil Procedure are in place to offer guidance about exactly what information is required and exactly how that information should be shared. While the expectation is that any requested information and evidence will be shared, in some situations, a party may assert a specific privilege, declining to share information as a result of that privilege. Tex. R. Civ. P. 193.3.
Objection to a Request Which Seeks Admission of a Matter of Opinion
One type of request that frequently leads to an objection is one which seeks admission of a matter of opinion. Such requests, which include the sometimes gray area of sorting fact from opinion, are objectionable.
Objection to a Request Which Seeks Admission of Hearsay
When the requesting party does not follow the parameters of the discovery process as outlined by Texas Rules for Civil Procedure, the other party may object. One common reason for an objection is when a party seeks to admit hearsay as evidence.
Objection to a Request Which Seeks Admission of a Legal Proposition
When litigants do not follow these Texas Rules for Civil Procedure, a responding part may object. One frequent reason for an objection is when one party asks the other to admit a legal proposition, which is the reason for a legal decision or the legal requirement for a decision.
Objection Because Information Is Unknown or Not in Possession of Responding Party
During the discovery process, a responding party must provide all information that is “reasonably available” as requested. TEX R. CIV. P. 193.1. At times, however, information is not available as requested, and when that happens, the responding party has a right to object to the request.