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Strategies to Minimize Commercial Real Estate Zoning Issues
Navigating zoning laws can be one of the most challenging aspects of Texas commercial real estate deals. Whether you are launching a new business, expanding, or investing in development, zoning rules can complicate commercial real estate projects. For instance, in Texas there are different types of commercial zoning uses. As a result, if a property is zoned as light commercial but you are developing a large shopping center, you may run into issues if you simply assume a commercially zoned area is appropriate without checking into the specifics. For this reason, speaking to an experienced Tarrant County, TX real estate attorney who can check the specific zoning designation for your property is key.
How Can You Avoid Commercial Real Estate Zoning Law Issues?
Do Your Due Diligence Early
What Can a Texas Landlord Do If a Tenant Stops Paying Rent?
Renting your property for income can be financially rewarding. If your tenant stops paying rent or threatens to do so, that can harm your income to the point where you could lose thousands of dollars a month. It is also frustrating, unacceptable, and, of course, unlawful. If you have not faced this situation before, you may be wondering what your options are if your tenant stops paying rent. It is possible to evict the tenant, but there is a process you must follow first, and there are other options to consider prior to initiating an eviction action. An experienced Hill County, TX real estate attorney can advise you on your options and ensure that your rights as a landlord are protected.
What Should You Do When Your Tenant Stops Paying Rent?
Attempt to Resolve the Issue Amicably
Although you can evict a non-paying tenant, in practice it can be a good strategy to discuss the issue first with the tenant in order to understand if this was a one-time error. Perhaps the tenant forgot or their automatic payment did not go through due to a technical issue. Perhaps the tenant is usually great at paying rent but has a temporary issue causing the delay. If this is something that can be easily resolved, there is no reason not to try.
Why Should You Use an Irrevocable Trust in Your Estate Plan?
Trusts are legal documents that put ownership of certain assets in a trust managed by a trustee. They can be an integral part of an estate plan, with many benefits including avoiding probate. Integrating trusts into an estate plan can be a great way to help you reach certain goals, like ensuring that your assets provide for future generations of beneficiaries, or minimizing taxes.
From living trusts to life insurance trusts to testamentary trusts, there are different types of trusts that you can select depending on your particular estate planning needs. One type of trust that can serve an estate plan well is the irrevocable trust, which has unique benefits. An experienced Tarrant County, TX estate planning attorney can help you decide if an irrevocable trust is right for you.
Should My Company Have An Employee Handbook?
Employee handbooks are often considered something that only belongs in a large corporate environment. This is a misconception, however. Small and medium businesses can also benefit greatly from having an employee handbook in place. From a legal standpoint, employee handbooks can help protect a business from liability. They also enhance a company’s professionalism, save businesses time and money, and minimize future disputes with employees. That is a win-win for businesses of any size.
There are essential sections that employers should aim to include in their employee handbook. An experienced Hood County, TX employment lawyer can advise you on how best to draft your employee handbooks.
Why Should My Company Have an Employee Handbook?
Employee handbooks can be beneficial in several ways, but by far the main reason employers should have them is to protect their businesses from legal liability. An employee handbook outlines the rules and policies that apply to workers. This encourages company-wide legal compliance by providing guidelines in the event there is a dispute with an employee. It also serves as evidence that a company takes compliance with employment laws seriously.
Common Commercial Lease Types in Texas
Commercial leases, like residential leases, involve the rental of property by a tenant from a landlord. Many of the similarities end there, however. Commercial lease agreements are vastly different from residential lease agreements, particularly in that they offer multiple ways of structuring the payment of rent. This allows the parties more room to negotiate terms and tends to help keep the tenant in the space for a longer period—which generally speaking is in the best interest of both tenant and landlord in a commercial lease. Whether considering a gross lease, percentage lease, or net lease, commercial tenants and landlords should familiarize themselves with the various types of commercial lease agreements to find the right fit for their business by speaking to an experienced Hill County, TX commercial real estate lawyer.
Can Illegitimate Children Inherit in Texas?
No matter how carefully a person plans his or her estate so that it will be as easy as possible for those left behind, life can always throw curve balls when they are least expected. Suppose your father – who, as far as you know, was happily married to your mother for 38 years and who is the father of you and your three siblings – died recently, and a total stranger shows up at the funeral claiming to be his child?
Perhaps this new member of the family is seeking his or her share of your father’s estate. What should you do? The best step you can take in this type of situation is to contact an experienced Hill County, TX estate planning attorney. This is not a time when you should skip legal advice and assistance, as a situation like this can quickly get out of hand.
Do Illegitimate Children Inherit in Texas?
Prior to 1991, illegitimate children – now known as "nonmarital" children - were not allowed to inherit from their biological parents. That year, the Texas Supreme Court changed its original decision after the U.S. Supreme Court determined that denying these rights to nonmarital children violated the Constitution. Before this reversal, paternal inheritance rights were only given to a nonmarital child if the parents married after the child was born.
What Does an Appellate Attorney Do?
If you have lost a civil case, it may be possible to appeal the decision. In particular, if there is reason to believe that the court made a significant legal error, it is possible to appeal the decision to a higher or court of appeals.
The appellate court is generally made up of a three-judge panel that will review the lower court’s decision in a given case and hand down a decision either affirming or denying the appeal. The appeals process has specific and detailed procedures and does not involve a trial, although there may be oral arguments.
It may be helpful to understand the role of your appellate attorney in this process if you are hoping to appeal your case. An experienced Tarrant County, TX appellate attorney can advise you on the appeals process and your attorney’s role in your civil appeal.
Estate Planning for Military Families
One of the main goals of an estate plan is to protect you and your family from unforeseen financial and personal events that may occur. Military service members may be especially vulnerable to the consequences of unforeseen events, especially those who serve in frequent deployments. An estate plan should put in place mechanisms for the transfer of assets as well as processes for decision-making if the worst should happen.
All of these challenges can be successfully addressed by creating a comprehensive estate plan that takes into consideration the unique needs of military families and special programs available to them. An experienced Hood County, TX estate planning attorney can work with members of the military to create an estate plan that meets their needs.
Estate Planning Factors for Military Families
There are a few factors to consider before you make your estate plan that can help your attorney customize it to best fit your family’s needs. These include:
Common Provisions In Your Residential Purchase and Sale Contract
Whether you are buying or selling a single-family home, condo, or townhome, the real estate purchase and sale agreement will govern the terms of the transaction. If a real estate purchase and sale agreement is not well-drafted it can expose you to potential issues, costs, and disputes.
Whether it is your first time buying or selling residential property in Texas, or even if you have done so before, being familiar with and understanding the significance of common real estate purchase and sale agreement terms is crucial to protecting your interests in the transaction. Familiarity with these clauses can also help you understand some key areas where you might be able to negotiate. An experienced Texas residential real estate attorney can ensure that your residential real estate sale and purchase agreement safeguards your rights.
Why Include a Power of Attorney in Your Estate Plan?
One of the goals of estate planning is to put a plan in place for the unexpected. That way, if and when a difficult life event takes place and you are left incapacitated or unable to make certain decisions, there are mechanisms in place to both honor your wishes and lessen the burden on your family.
A key way to do this is by ensuring that your estate plan contains the relevant power of attorney for your situation. An experienced Texas estates planning attorney can draft a legally binding power of attorney as part of a comprehensive estate plan.
What Is a Power of Attorney?
A power of attorney is a legal document that appoints an agent to act on your behalf. The agent manages your financial, personal, or medical matters when you are no longer able to do so due to incapacity or illness. Depending on the scope of the power of attorney, the agent can make decisions about a range of personal and financial issues or only in a specific area such as medical matters.
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