One of the primary benefits of creating a corporation or LLC is to shield shareholders or owners from the risk of being sued for a business decision that goes poorly. What happens, though, when the entity is a sham being used to perpetrate fraud? How are officers, directors, members, and managers held accountable for their […]
Author: Philip Silberman
The Texas Deed In Lieu of Foreclosure
Foreclosing on properties is one option for dealing with loan defaults, but it holds some disadvantages for both the lender and the borrower. An alternative which can benefit both lender and borrower is a Deed in Lieu of Foreclosure. Overview of Deeds in Lieu of Foreclosure Texas offers many different types of deeds specific […]
Determination of Heirship Proceedings in Texas
When someone dies intestate, without a will, it is sometimes necessary to determine heirship through a judicial proceeding in a probate court. For example, banks and insurance companies may need to have proof of heirship before releasing the decedent’s assets. The Texas Estates Code outlines who will inherit the estate and how it will be […]
Do I need a Lawyer to Probate a Will or Estate in Texas?
At times people may feel that they can best represent themselves and their own interests in court, wanting to appear in court without legal representation for simple matters. The legal terms Pro Se, in propriam personam, or pro per come from Latin phrases which translate to ‘appearing for oneself; for one’s own behalf.” However, representing […]
Informal Family Settlement Agreements in Texas
Grieving the loss of a family member is difficult enough, and battling in court over inheritance can magnify those difficulties exponentially. Fortunately, Texas case law provides an opportunity for families to work together and avoid probate, particularly with a small estate made up mostly of personal property. Elements of a Family Settlement Agreement First and […]
Why Title Insurance Is Necessary in Texas
Buying property can be risky business. The Latin phrase caveat emptor, “Let the buyer beware” underscores the many perils for the buyer. Not only are you paying a large sum of money to own the property, but you run a risk that the property you think you own is not actually yours to own. In […]
General Warranty Deeds vs. Special Warranty Deeds in Texas
A deed is a legal document that conveys ownership of property from one person to another. Texans have several different types of deeds to choose from when transferring ownership. This article will compare two common types of deeds, the General Warranty Deed and the Special Warranty Deed. Both deeds guarantee a clear title, one without […]
Texas Municipal Utility District Notices
A Municipal Utility District or MUD allows communities to develop and grow, particularly in areas which lack municipal services. Through bonds and taxes paid by residents living within its boundaries, a MUD finances water, sewage, and other utility infrastructure. Nearly 1,000 MUDs currently exist in Texas. Requirements of MUD Notices Section 49.452 of the Texas […]
Trespass to Real Property in Texas
Property ownership gives a person the authority to determine how that property is used and by whom. An unauthorized person entering land belonging to another is trespassing, even if the trespassing seems to cause no direct harm. While trespassing seems straightforward, this cause of action is not that simple. Ownership Before making a claim of […]
The Texas Theft Liability Act
While theft has always been a criminal offense, minimal penalties for theft offered a plaintiff few options to recover damages which resulted from theft. That situation changed in the 1980s when chapter 31 of the Texas Penal Code defined the Texas Theft Liability Act. Thanks to the TLA, a plaintiff can now hold the defendant […]