When a lien or real property conveyance is made by a fraudulent document, a party can bring an action under Subchapter J of the Texas Government Code to have the fraudulent document removed from the real property records. This statute provides an expedited process for removing the fraudulent instrument that is more cost effective and […]
Author: Philip Silberman
Estate Planning for Parents of Young Children
While many people do not think about making a will until retirement age, it is just as important for younger adults. For parents with young children, it is imperative to have a valid and updated will. Not only does a will direct who will inherit in the event of death, but also allows parents to […]
Force Majeure Clauses and Coronavirus
The spread of COVID-19 has proved incredibly disruptive, forcing the postponement or cancellation of many private and public events. High profile events that suffered cancellation included the Houston Livestock Show and Rodeo and Austin’s iconic South by Southwest (SXSW). State and local orders mandating social distancing have also made many private events impossible, including weddings, […]
What the Coronavirus $2T Stimulus Package Means for TX Small Business
Small businesses across Texas have been crippled because of “stay at home” and “shelter in place” orders due to the coronavirus pandemic. Most recently, Governor Abbott signed an executive order consolidating its local predecessors and limiting non-essential activity until April 30, 2020. In order to rescue America’s economy, the federal government recently passed into law, […]
Proving Up Attorney’s Fees in Texas After Rohrmoos
When seeking attorney’s fees, the general rule is that a claimant must provide evidence of the number of reasonable hours worked multiplied by a reasonable hourly rate. This is known as the lodestar method and requires a claimant to provide sufficient evidence for both rate and hours.In April of 2019, the Texas Supreme Court provided […]
Vacating a Default Judgment in Texas
A default judgment is granted by the trial court when a defendant hasn’t filed a timely response. This means that a defendant did not respond to the lawsuit by 10 a.m. on the Monday after 20 days has elapsed from the date of service as dictated by Rule 83 of the Texas Rules of Civil […]
Where a Texas Deposition May Be Taken
The deposition is one of the most valuable pre-trial discovery methods in a trial attorney’s arsenal. Depositions allow parties to a suit to obtain the testimony of witnesses and parties involved in an action. The deponent’s testimony is given under oath and recorded for evidentiary purposes. Notice Procedure for Oral Depositions The Texas Rules of Civil Procedure […]
Lawsuits in Texas: A Basic Guide
There are few phrases that make the heart stop quite like “you are being sued.” A civil lawsuit can be a stressful experience; however, promptly obtaining competent legal counsel and understanding the basic language and process in Texas will ensure you are legally protected and proactive in asserting your rights. The first step in dealing […]
Homestead Laws and Specific Performance
Homestead laws are designed to protect property owners, and Texas has some of the strictest in America. They are meant to prevent creditors from forcing the sale of the family home to pay off the owner’s debts, even when there are no other assets to satisfy the owed amount. But what happens when the issue […]
Using the Probate Process to Stop Foreclosure in Texas
After a person dies, real property is immediately owned by the heirs-at-law if there is no will or by the beneficiaries in a will if the person left a last will and testament. Tex. Estates Code §§ 101.001(a), 201.001, 201.002, 201.003. Many properties that are inherited by heirs or given to devisees under a will […]