Philip Silberman | Silberman Law Firm, PLLC - Part 46

Ancillary Probates in Texas

Probate is governed by state law, and each state has its own statutes in place to facilitate a probate court proceeding. Estates with assets in more than one jurisdiction may require multiple probate proceedings. Generally, the primary probate proceeding occurs in the state where the decedent was domiciled at the time of death. If the […]

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Lis Pendens in Texas

In a pending lawsuit where title or an ownership interest concerning real property is at issue, an interested party may file a lis pendens to notify the public that the real estate is subject to controversy. Lis Pendens is a Latin term that means “a pending lawsuit” and is defined as “a notice, recorded in […]

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Jurisdiction Issues in Eviction Lawsuits

There are four types of trial courts in Texas: district courts, county courts, justice courts, and county courts at law. Each court must have jurisdiction or authority to hear and decide a case. Tex. R. Civ. P. 500.2 (p) (West 2017). One of the factors in determining jurisdiction is the amount in controversy, and each […]

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The Effect of Merger and No Reliance Clauses on Fraud Claims in Texas

Written contracts are intended to memorialize the understanding between parties, and it is important to accurately document each parties’ promises and intentions in a contract. However, sometimes the recitations and representations in a contract may not accurately represent what actually occurred in the negotiation and formation process. For example, common sense would tell us that […]

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