Defamation laws in Texas are designed to protect individuals from false statements that harm their reputation. Understanding these laws is crucial, whether you’re a business owner, a public figure, or an individual navigating the complexities of modern communication platforms such as social media. Key Elements of Defamation in Texas To establish a case for defamation […]
Author: Philip Silberman
How to Ensure Family Access to Texas Bank Accounts After Death
When a Texas resident dies, finances are often an immediate concern to the surviving family. Between funeral costs, final medical expenses, and simply keeping up with the deceased’s bills, access to the deceased’s funds can be crucial to navigating the aftermath of a passing. Unfortunately, unless the deceased planned ahead, getting access to the money […]
Are Salary Reductions Legal in Texas?
In Texas, employers are generally allowed to reduce an employee’s salary, provided that the reduction does not breach any contractual agreements and is not based on discriminatory reasons. If an employer reduces a salary due to the employee’s race, gender, or other protected characteristic, such action would constitute illegal discrimination under federal and state laws. […]
Plea in Abatement: A Defense Tool in Texas Civil Procedure
In the complex world of Texas civil litigation, understanding procedural defenses is crucial for anyone navigating the court system. Among these defenses, the plea in abatement stands out as a powerful, yet often misunderstood dilatory plea. Let’s take a quick look at plea in abatement, outlining its purpose, application, and the legal process involved. What […]
Understanding Non-Compete Agreements in Texas
Texas is often celebrated as a “right to work” state, a term frequently misunderstood and misapplied, especially in discussions about non-compete agreements in employment contracts. Many Texans mistakenly believe that non-competes are invalid in Texas, but this is not the case. What Does “Right to Work” Really Mean? In Texas, “right to work” refers to […]
The Legal Validity of Signatures on Texas Wills
Navigating the nuances of will signatures in Texas can often lead to complex legal discussions, especially when those signatures deviate from conventional norms. The importance of how and by whom a will is signed cannot be overstated, as it directly impacts the document’s validity and enforceability. Understanding Holographic Wills and Signature Requirements In Texas, a […]
Is Defamation Dead in Texas?
Defamation lawsuits often make headlines in the news, which probably contributes to their place in the popular imagination. But in Texas, defamation lawsuits face significant challenges that make them particularly difficult to pursue successfully. The First Hurdle – The Texas Citizens Participation Act (TCPA) A TPCA motion is the first hurdle that any defamation lawsuit […]
Who Can See a Will After Someone Dies?
When a loved one passes away, the handling of their will can become a focal point of concern, particularly for potential beneficiaries curious about their inclusion in the will. Conflicts often arise when someone is believed to be withholding the will or refusing to disclose its contents. Understanding the legal obligations and rights concerning the […]
Can Felons Serve as Executors in Texas?
The implications of having a criminal record can complicate one’s ability to serve in significant roles, such as an executor of an estate. Traditionally, Texas law has been stringent about who can serve as an executor of an estate. Being an executor is a crucial role, involving managing a deceased person’s estate and ensuring that […]
Understanding the Duties of an Administrator to Beneficiaries in Texas
Once you have been appointed as an Administrator or Executor of an Estate, you are now a fiduciary for the beneficiaries and persons interested in the estate. As a fiduciary, there are certain duties in which you owe such beneficiaries. When determining what those duties are, Texas law generally holds an Administrator to the same […]