What Is a Durable POA? Often included as part of a complete estate plan, this document provides a way to choose someone to make financial decisions on your behalf when you cannot make those decisions yourself. The person creating the Power of Attorney is known as the “principal,” and the person given the ability to […]
Author: Philip Silberman
Understanding the Texas Medical Power of Attorney
What Does a Medical POA Do? A Medical Power of Attorney allows you to choose someone who will make medical decisions when you are unable to do so. The person creating the Power of Attorney is known as the “principal,” and the person given the ability to make the medical decisions is known as the […]
The Texas Living Will
Also called a “Living Will,” this document clearly communicates to family, caregivers, and physicians what exactly the patient’s wishes are for health care once the patient can longer make medical decisions, including life-sustaining treatments. The document allows the patient to define different choices about medical care, depending on whether the medical condition is “irreversible,” or “terminal.”
The Texas Slayer’s Rule Applied to Intestate Succession
In this post, we will examine whether an heir that murdered an intestate decedent (a person who died without a will) may inherit under Texas law. This article will not address inheritance under a will or by contract (e.g. life insurance policy). The Texas Estates Code and Texas Insurance code address those issues and are […]
Common Clauses in Commercial Leases
Most commercial leases in Texas are proposed and drafted by the landlord. There is no standard commercial lease form in Texas, and leases are often custom documents drafted by the landlord’s attorney to be heavily favored for the landlord. Prospective tenants usually retain an attorney to revise and negotiate the lease with the goal of […]
The Texas Uniform Fraudulent Transfer Act
The Texas Uniform Fraudulent Transfer Act (TUFTA) is found in Chapter 24 of the Business and Commerce Code, and its purpose is to punish and reverse any attempt by a judgment debtor to move assets out of reach from creditors.Who Can Bring a Claim?TUFTA allows a creditor to bring a civil cause of action against […]
Probating a Will as a Muniment of Title
A muniment, also called a muniment of title, is a document indicating title or ownership of an asset. In modern practice, a muniment serves to transfer title of real estate when there is no need for a formal administration of an estate.When Should It Be Used?Muniments are most commonly used when the only asset in […]
Consequential Damages in Texas
Breach of Contract of DamagesThe rule for calculating breach of contract damages states that the plaintiff is entitled to seek fair and just compensation for losses or damage actually sustained. Stewart v. Basey, 245 S.W.2d 484, 486 (Tex. 1952). The plaintiff may seek compensation for the “benefit of the bargain” or “expectation interest.” Id. The […]
An Overview of Texas Easements
Easements are a pervasive element in Texas property law and are generally defined as a right, privilege, or advantage that exists as a distinct interest from ownership rights in real property. Most commonly, an easement allows a person (or the public) to use the land of another in a certain manner.There are numerous ways to […]
What is a Letter of Intent?
A letter of intent is a preliminary document, commonly used in commercial transactions, to outline the eventual terms to be included in a formal contract to follow later. It can be used for a variety of reasons: to protect confidential information, outline terms, or to evidence the parties’ interest and desire to complete a transaction. Letters of […]