In Texas, the concept of partition is a legal mechanism that allows co-owners of property to divide their shared interest when they cannot agree on the disposition of the property. However, when it comes to partitioning property with your spouse, the situation becomes more complex. What is Partition? Partition is used when two or more […]
Author: Philip Silberman
Pretermitted Children and Inheritance in Texas: Understanding Your Rights
In Texas, inheritance laws are designed to ensure that the wishes of a deceased individual (the testator) are honored and that their assets are distributed according to their estate plan. However, sometimes unforeseen circumstances arise, such as the birth or adoption of a child after the creation of a will. These children, known as “pretermitted […]
Navigating the Junk Fee Prevention Act
In recent years, “junk fees” have become a pervasive issue affecting consumers across various industries. These hidden or deceptive fees are often added to the cost of goods and services, leading to unexpected expenses for consumers. To address this, the Biden administration has proposed the Junk Fee Prevention Act, aimed at curbing these unfair practices. […]
Releasing a Lien on Real Property When a Lender is No Longer in Existence
A lien is a legal claim against an asset, often used as collateral for a loan. In the realm of financial transactions, situations can arise where a lender, for various reasons, ceases to exist. Whether due to bankruptcy, acquisition, death of an individual lender, or simply closing shop, the absence of a lender can complicate […]
Navigating New Changes: Texas Property Tax and Homestead Exemptions in 2024
As we step into 2024, Texas homeowners face significant changes in property tax regulations and homestead exemptions that promise to influence financial planning and property management. With the new legislative adjustments, understanding these changes is crucial for homeowners to ensure they maximize their benefits and comply with the new legal landscape. The Texas Legislature has […]
A Guide For Buying and Selling Small Businesses in Texas
When it comes to buying or selling a small business in Texas, many find themselves unsure of the process and the legal requirements involved. Whether you are purchasing or selling, understanding the distinctions between asset sales and entity sales, as well as the implications of each, is crucial for a smooth transaction. Understanding Asset vs. […]
Navigating the Texas Real Estate Disclosure Requirements
When selling property in Texas, homeowners are legally required to disclose certain information about the property’s condition and history. This process is crucial for ensuring transparency and protecting both buyers and sellers from future legal disputes. Understanding Disclosure Requirements Texas law mandates that sellers must complete a Seller’s Disclosure Notice, a form that outlines the […]
Understanding the Elements of Defamation in Texas
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 […]
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. […]