In the realm of lawyers, the management of client funds is governed by strict regulations to ensure integrity and trust in the attorney-client relationship. In Texas, the Interest on Lawyers Trust Accounts (IOLTA) program plays a critical role in this process. What is an IOLTA? An IOLTA is a special type of trust account for […]
Author: Philip Silberman
House Bill 14 Springboards New Home Development
Here at the Silberman Law Firm, our attorneys frequently receive calls from potential new clients complaining of and about their new construction (both residential and commercial) taking much longer than they expected to complete. Some of the delay in these new builds can definitely be attributed to lazy developers, but a not-insignificant amount of the […]
Does Mortgage Discharge in Bankruptcy Remove the Underlying Lien?
Filing for bankruptcy significantly affects mortgage obligations, a reality often misunderstood in Texas. The law draws a crucial distinction between discharging debt and removing property liens. This nuance is vital for homeowners considering bankruptcy and its implications on property ownership and sale. Bankruptcy Misconceptions and the Reality of Liens Many believe that bankruptcy frees them […]
Are Verbal Contracts Binding in Texas?
Verbal contracts are often confusing because of a mixture of myth and misunderstanding. In Texas, the answer to whether these agreements are binding isn’t a simple yes or no answer. It’s a nuanced journey through the state’s laws, particularly the Statute of Frauds. At its core, Texas law does recognize verbal contracts as binding, with […]
Divorce and Estate Planning in Texas
Divorce is a significant life event that brings about emotional and financial changes, impacting more than just one’s marital status. Among the numerous adjustments, one critical area that often gets overlooked during and after divorce proceedings is estate planning. In Texas, where state laws uniquely influence estate planning and probate processes, understanding how divorce affects […]
The Legality of Recording Conversations in Texas: One-Party Consent Explained
In the heart of Texas, the rules around recording conversations hinge on the principle of one-party consent. This means that as long as one participant in the conversation consents to the recording, it is legally permissible. Embedded within the Texas Penal Code § 16.02, this law offers a clear-cut approach to recording conversations, emphasizing the […]
The Wholesaling Trap: 5 Red Flags To Look For When Selling a Home in Texas
Receiving a purchase offer after putting a home on the market can be an immense relief for a Texas homeowner, especially if said homeowner is under pressure to sell due to personal circumstances. Unfortunately, as some homeowners learn too late, not all parties who submit purchase offers are genuine buyers.  The practice of real estate […]
What Happens To Your Home When Your Spouse Dies Without a Will?
When faced with the loss of a spouse, the multitude of ensuing legal questions can be overwhelming, particularly regarding property inheritance. A common scenario involves a widow seeking to transfer the home she shared with her late husband into her name, only to discover the complexities involved when no will exists, and there are children […]
Hand Written (Holographic) Wills in Texas and When They’re Valid
When most people think of wills, they envision formal legal documents, drafted by attorneys, filled with legal jargon, and witnessed by officials. However, in Texas, there’s a unique and less formal option known as a “holographic will.” Contrary to what science fiction might suggest, holographic in this context does not involve 3D images like that […]
The End of an Era: The Shift in Real Estate Agent Commissions in 2024
In a move that has sent ripples across the real estate industry, the once-standard 6% commission rate for real estate agents is undergoing a transformative shift in 2024. This development is not just a minor adjustment but a significant change that reflects evolving market dynamics, technological advancements, and consumer demands for greater flexibility and transparency […]