Understanding Texas Ad Valorem Taxes
A Texas Property Tax Primer The Texas real estate property tax system can be confusing and difficult to understand. What does the title company mean when they say things such as “Ad valorem taxes for the current year will be prorated”. If that sounds like Greek to...
Using TREC’s Right to Terminate Due To Lender’s Appraisal Addendum
The Texas Real Estate Commission (TREC) Addendum Concerning Right to Terminate Due to Lender’s Appraisal is used to modify the base TREC contract regarding contract termination rights based upon the appraised value of the purchased property. This form has three...
Business Succession Planning
If you are the sole owner of a business, to pass your business to your children or other family members, you need to create a limited liability company or corporation to own business assets and operate the business. If you do not, your business will die when you do....
Remaining Anonymous in a Real Estate Transaction
Achieving anonymity in a real estate transaction in Texas is difficult -- maybe next to impossible if you finance the purchase – for several reasons. To have any hope of remaining anonymous, you must create an entity such as a limited liability company. Obviously, if...
A Primer on Texas Deeds
There are four types of Texas deeds: general warranty deeds, special warranty deeds, deeds without warranty and quitclaim deeds; or, perhaps I should say there are three types of deeds and one imposter posing as a deed – the quitclaim deed. A deed is the legal...
Issues When Holding Residential Real Estate in an LLC
Many of our investor clients seek counseling regarding the formation of a limited liability company to own and manage one or more one-to-four-unit residential properties. We thought it would help to address some issues which should be considered when deciding to use...
Easement vs License
We often have clients who ask us to prepare an easement for them when perhaps a license would be more appropriate. The difference between the two can be confusing. An easement is an interest in land that typically lasts indefinitely but can be limited to a specified...
Deciding on a Business Entity
We are often asked to help clients decide what kind of entity they should create to operate a business or to hold investments. The choice they are trying to make is usually between a corporation and a limited liability company or LLC. The first question which should...
Trees and Fences
Trees and fences seem to create more problems between neighbors than any other issues. We thought it might be helpful to answer some of the common questions concerning trees and fences Who owns a tree? The person who owns the land on which the trunk of the tree...
Texas Marital Property Rights
In the United States there are two types of property regimes used to determine the property rights of spouses in a marriage. Most states use English common law principles to determine property rights but nine states, including Texas, adopted community property...
Executor Duties
Who is the Executor? The executor is the person named in the decedent’s will to administer the estate according to the instructions in the will and as required by law. State Requirements for Serving as Executor In Texas, an individual executor: Must be at least 18...
Swimming Pool Liability: Practical Tips to Reduce Liability Exposure
Adding a swimming pool to your home can provide fun for your entire family and can become a social hub for your children and young adults, but it can also create serious liability issues which a homeowner ignores at her peril. A homeowner can be held responsible for...