Philip Silberman | Silberman Law Firm, PLLC - Part 39

Limitations For Contribution Claims Between Co-Owners

Co-tenants in Texas that bring partition suits often have claims for reimbursements that may include insurance premiums, repairs, improvements, rent and taxes. In many situations, one co-owner of real estate has paid expenses or collected rent for the property for years and sometimes decades.These claims for reimbursements are typically pleaded as a claim for contribution. […]

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Adoption By Estoppel

When a decedent with children leaves no will at the time of death (known as dying intestate), the children of decedent will generally inherit the estate. The Texas Estates Code specifies that a child includes an adopted child, whether the adoption occurred through formal proceedings or an equitable adoption. Tex. Est. Code Ann. § 22.004 […]

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Disclaimers of Real Estate in Texas

There are situations where a person does not want to take title to real estate passed to them by will or inheritance. Some examples might include low value properties with large tax or assessment obligations, properties encumbered by substantial liens, or properties with large environmental risks. Other reasons for wanting to disclaim real estate might […]

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When a Texas Property Manager May Be Liable for the Debts of the Property Owner

Property managers routinely contract for services to properties on behalf of the owner. Commercial real estate projects including apartment complexes, retail centers, and office buildings need a variety of services for things such as landscaping and janitorial. Service agreements are often signed and orders are placed without much thought as whether the property manager has […]

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Suits in Texas For Real Estate Commissions

There are many types of oral contracts in Texas that are legally binding and enforceable under the law. For example, a homeowner might make an agreement with a landscaping service for weekly yard maintenance without any documentation. This is an example of a binding and enforceable agreement, and failure of the homeowner to render payment […]

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Gifts and Transfers of Real Estate Between Spouses

Spouses often have various reasons for transferring real estate between themselves. Reasons may include asset protection strategies, tax record preferences, a desire to make a gift, or a bona fide purchase between spouses. Below is a discussion of methods of transferring real estate between Texas spouses.Separate Property to Community PropertyConverting separate real estate owned prior […]

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Sale of Minor’s Real Estate in Texas

It is not uncommon for minors to become owners of real property via inheritance or as distributees under a will in Texas. Minors (persons 18 years or younger) are generally considered incapacitated persons without the right to contract and cannot effectively sign a deed conveying title to real estate. This issue presents a problem for […]

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Texas Certificate of Merit

Tort reform in Texas has made it critical for plaintiffs to ensure that all threshold requirements are met before filing lawsuits against certain professionals. Failure to comply with certain conditions precedent may have dire consequences. Texas law requires a plaintiff to file a certificate of merit contemporaneously with a lawsuit against certain licensed or registered […]

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