817-645-1717
Recent Blog Posts
What Is Eminent Domain and How Does It Work?
The founders of the United States anticipated that the government may, from time to time, want to take over private property in order to complete a project on behalf of the broader public. They ultimately decided to restrict this governmental right somewhat in the Fifth Amendment of the U.S. Constitution, which insists that “nor shall private property be taken for public use, without just compensation.” Therefore, the process of eminent domain in the United States involves the government taking private property for public use and compensating the original owner of the property for that taking. Those who are facing condemnation actions as a result of eminent domain concerns generally benefit from working with an attorney experienced in these matters because seeking just compensation is not always an easy task.
The Importance of Digital Estate Planning
Regardless of whether you have an estate plan in place yet or not, if you are an adult in the U.S. and you have not yet engaged in digital estate planning, it is time to make some effort in service of this particular legally-enforceable endeavor. No matter what your circumstances may be, digital estate planning will help to ensure that your wishes concerning your digital footprint are ultimately honored in the event of your medical incapacitation or death. Making this effort will also help to ensure that you do not leave behind a digital mess that your loved ones will be compelled to clean up.
Protecting Your Interests
Take a moment to estimate how many password-protected accounts you access online every month or two. If you are like most adults, you bank, share digital media, upload evidence of memories, network, and otherwise engage with the electronic world via dozens of accounts on a fairly regular basis. Creating a digital estate plan will allow you to articulate what you want to bef done with those accounts – and by whom – in the event of your death or incapacitation so that those wishes can become legally enforceable.
Understanding the New Texas Trucking Litigation Law
For years, trucking companies in Texas and throughout the U.S. have protested the ease with which plaintiffs who have been injured in trucking accidents can tie businesses up in litigation. Most trucking accidents that involve more than one party occur because one or more vehicle operators have made an error when driving. It is, therefore, often appropriate to question whether a truck operator has made a mistake that contributed to the cause(s) of a crash. However, it is rarely appropriate to assume that a truck operator’s human error is rooted in the business practices of their employer.
Texas lawmakers have taken notice of the frequency with which injury victims name trucking companies as defendants in litigated disputes and they have recently taken significant action to address this situation. In implementing a new bifurcated truck litigation scheme, Texas legislators have made it less likely that trucking companies will be tied up in litigation when their business and employment practices have nothing to do with the cause of a crash.
How Are Corporations Managed?
If you are thinking about structuring a new business venture as a corporation, you may understandably have concerns about partially surrendering control of your vision to other stakeholders. While it is true that corporations are generally owned by more than one shareholder and are managed by boards of directors, you can approach your business in a number of ways that will help to preserve your vision. Structuring your company as a corporation does not mean that your venture will no longer be “yours.”
How Does a Board of Directors Operate?
Although there are some exceptions to this structure, most corporations in the U.S. are governed by a board of directors and run by a management team. Although managers can sit on a corporation’s board, those who govern a corporation and those who manage its day-to-day operations need not overlap. Generally speaking, board members are voted into their positions by shareholders, whereas managers are hired by the board.
Do You Need an Estate Plan?
It is not often that the American public is exposed to informed discussions about the subject of estate planning. Most often, individuals are prompted to think about their own potential need for an estate plan when the news features a story about a dispute concerning a deceased celebrity’s estate. Due to the ways in which popular culture and the media treat this subject, it can be easy for someone who is neither retired nor fabulously wealthy to assume that they do not yet need to concern themselves with the task of estate planning. However, every legally independent adult can – and should – benefit from the advantages that estate planning affords.
Why Every Adult Should Have an Estate Plan
If you own any valuable or sentimental property, you will want a will or trust in place to ensure that these assets will pass to the beneficiaries of your choosing in the event of your death. However, estate planning is about more than just asset distribution. Parents can use estate plans to name potential guardians for their minor children in the event that they unexpectedly pass away before their children reach adulthood. Those who spend significant time online can use estate planning tools to better ensure that their digital footprint is managed according to their wishes after they are gone. Business owners can utilize estate planning to better ensure that the enterprise that they have worked so hard to build does not suffer in the wake of the unexpected loss of its owner.
Choosing the Right Business Formation Structure for Your New Company
The entrepreneurial spirit is strong in Texas, so it is not surprising that hundreds of thousands of new companies are formed in the Lone Star State each and every year. Most of these new companies are smaller and primarily serve their local communities. Others aim to reach consumers far and wide online. And still, other companies are launched as large, complicated operations with broad appeal and aims to expand as rapidly as possible.
The law recognizes that companies meant to serve the residents of a small town and those with aspirations of becoming international tours de force need to be structured differently. In order to serve companies operating under a range of circumstances, Texas allows business owners to choose from a variety of different business formation structures when they go through the process of having their new enterprises recognized by the state.
Your Primary Options
Can Mediation Be Used to Resolve a Will Contest?
When a beneficiary or family member of a deceased individual believes that the individual's will does not reflect the decedent’s actual wishes, they have the right to contest the will. Unfortunately, will contests are often extremely stressful and emotionally charged. If the dispute advances to litigation, the case becomes even more complex.
Mediation is an alternative dispute resolution method in which a third party facilitates constructive discussions and negotiations between the opposing sides. If you are involved in a dispute regarding a deceased person’s estate, mediation may be a worthwhile option.
How Does Mediation Work?
One of the most common situations in which a will is contested is one in which a party believes that the decedent intended for them to receive certain property, but the will does not reflect this. Will contests can also occur when beneficiaries believe that the decedent's property has been distributed unfairly or in a way that the decedent would never have chosen.
Forming a General Partnership? Avoid These Common Mistakes
Two heads are often better than one. In a business partnership, business owners benefit from multiple perspectives and skill sets. Partners share start-up costs and business responsibilities, have greater borrowing capacity, and are less likely to suffer from burnout.
Co-owning a business with one or more partners can certainly be an effective business strategy. However, there are also pitfalls that partners must be aware of. In this blog, we will discuss some of the most common mistakes partners make that increase the chances of disputes and decrease the chances of long-term business success.
Mistake #1: Not Specifying Capital and Equity Divides
Many partnerships are formed between close friends, colleagues, or even family members. Consequently, partners may assume that there is no need to formalize all of their agreements. They assume that the partners will act in good faith and operate on an honor system regarding capital and equity divides. Unfortunately, this common mistake often leads to significant conflict and even legal disputes. All partnerships should involve a partnership agreement specifically stating how business expenses and equity are divided between the partners.
How Can a Breach of Contract Be Addressed Through Business Litigation?
Contracts are the backbone of any business relationship, and if one party does not fulfill their contractual duties, then the other party may need to take action to address the breach of contract. Since a breach of contract can be a serious issue that can cause financial or reputational damage to a business, a business will need to understand how to address these matters through business litigation. By understanding the procedures that will be followed in these cases and the remedies that may be available, business owners can take steps to protect themselves and resolve contract disputes effectively.
Legal Options for Addressing a Breach of Contract
A contract is a legally binding agreement between two or more parties that outlines their obligations and responsibilities. When one party fails to fulfill their obligations as specified in the contract, the other party or parties may need to take action to address the financial losses or damages they have experienced as a result. A breach of contract can take many forms, such as failure to pay, failure to deliver goods or services, or failure to perform services as agreed.
What Happens if Someone Contests a Will Based on Lack of Testamentary Capacity?
Texas law allows individuals to dictate how their possessions and property are distributed upon their death. A last will and testament is the most common estate planning document used for this purpose. However, a will must be valid in order for the court to follow the directions contained in the document. There are many different reasons why an individual can contest, or challenge, the validity of a will. Arguing that the will-maker, or testator, did not have the testamentary capacity is a common reason for will contests in Texas.
What is Testamentary Capacity?
Like any legal document, a will must be entered into willingly. If an individual does not have the cognitive ability to understand their will and what they are agreeing to, the will is not valid. If someone contests a will on the basis of lack of testamentary capacity, they are essentially arguing that the testator did not understand what was happening when they created and signed the will.
We're Here When You're Ready
To set up a consultation with our attorneys and get the legal help you need, please call 817-645-1717 or fill out the form below:
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
Schedule Your Consultation Today
ADDRESS 508 N Ridgeway Dr., Cleburne, TX 76033
PHONE 817-645-1717
FAX 817-645-1739
Results listed are not a guarantee or indication of future case results.
508 N Ridgeway Dr., Cleburne, TX 76033|
817-645-1717
