The Texas legislature enacted the Texas Real Property Transfer on Death Act which provides Texans an opportunity to transfer real property and avoid probate. As of September 1, 2015, Texas law allows an individual to create a transfer on death deed (TODD). A TODD is made inter vivos (during one’s lifetime) and allows an individual […]
Author: Philip Silberman
An Overview of Marital Property Law in Texas
The fact that Texas is one of nine community property states in the US means that all assets belonging to married persons are affected by the concept of community property. In a community property state, most property acquired during marriage belongs to both spouses and is considered community property. Furthermore, community property is either classified […]
Recovering Attorney’s Fees in Texas
A common concern among litigants is whether attorney’s fees are recoverable from the other party. While it is reasonable to assume the prevailing party will be awarded attorney’s fees, it is not always the case. In most lawsuits, each party assumes their own attorney’s fees unless otherwise provided under the law. In this article, we […]
Texas Residential Construction Liability Act (TRCLA)
To resolve construction defect disputes with a residential home builder or remodeler, Texas homeowners must currently follow the procedures set forth under the Texas Residential Construction Liability Act (RCLA). The RCLA was enacted in 1989 to help resolve construction disputes between homeowners and contractors and limit the liability of residential builders. Since 1989, various amendments […]
Effects of Not Having an Operating Agreement for a Texas Limited Liability Company
Filing a certificate of formation with the Texas Secretary of State is the first step to creating a limited liability company (LLC). A certificate of formation generally only provides the name of the LLC, names of members or managers, principal place of business, and purpose of the business. A certificate of formation does not include […]
Common Methods for Distributing Assets After Death in Texas
Whether a person dies with a will (testate) or without a will (intestate), distributing assets to their heirs, beneficiaries, or distributees may be very simple or quite complex. Assets are either classified as real property or personal property. While real property is land and everything attached to the land, personal property includes bank accounts, investments, […]
Can a Lien for a Personal Loan Attach to Homestead Property?
At one time or another, a trusted friend or relative might ask you for a personal loan. Lending the money might seem like a good idea if you could attach the lien against the person’s home as security for repayment of the note. It would be reasonable to assume that a personal loan could be […]
Cutting Encroaching Limbs from a Neighbor’s Tree
It is common for Texas residents to question whether they have a legal right to remove a neighbor’s tree limbs that hang over their property. Texas law generally allows you to remove encroaching branches, so long as you do not harm the health of the tree. However, an important exception to this general rule arises […]
The Legality of Wholesaling Real Estate in Texas
In the real estate industry, a wholesaler is someone who contracts with a seller to buy a property and then, while still under contract with the seller, assigns the contract to another buyer for a higher price. Essentially, a wholesaler is a middleman that hopes to profit on the spread between the contract price with […]
The Texas Will and Probate Process
Our firm receives a multitude of questions about probating wills in Texas (also known as a testate probate). The purpose of this post is to provide an introduction to the law and legal process surrounding wills. When someone dies with a will, the decedent’s property passes according to instructions in the will. The will must […]