In a letter to a debtor intended to prompt payment of $250 in debts, a collection agency’s choice of words entangled it in protracted litigation under the federal Fair Debt Collection Practices Act (FDCPA). The theme of the dunning letter was honesty, or the lack thereof, on the debtor’s part. In all capital letters, the …
You would not believe what I have found right here in Walker County, Texas with regards to property records. Hand written, homemade, or instruments that have nothing to do with what they state they are, all proporting to convey property. Just this week, I tried a case where a seller tried to evict someone …
If there is one piece of advice I could give everyone, it would be get it in writing. Leasing agreements can be beneficial to both landowners and tenants alike. For a landowner, a lease agreement may allow continued revenue without his or her physical labor needed to operate a farm or ranch. A hunting lease …
JUST VOTE The information in this column is not intended as legal advice but to provide a general understanding of the law. Any readers with a legal problem, including those whose questions are addressed here, should consult an attorney for advice on their particular circumstances. Another primary is upon us. A couple of years ago …
Many clients have asked me how to insure that a bank account or investment account passes to a particular person (spouse or child) without having to wait until a Will is probated. First, I would like to remind you that the amount of time its takes to probate an estate in Texas depends to a great extent on the type …
Continue reading “Joint Accounts with Right of Survivorship”
Can I first just say, “WHEW!” I am glad I am not still in law school. The Rule Against Perpetuities was one of those subjects the law school professor loved to “hide the ball” with us on. That is to say, confuse us to the point our heads hurt. The rule Against Perpetuities is a …
We all procrastinate. However, when it comes to estate planning, and particularly drafting a Will, it seems to get worse. Many couples think they are too young to need a Will or any kind of estate planning. But, as I have discussed in earlier columns and this is driven home to me every …
We Americans relish our freedoms. We want to live how we like, spend our hard-earned money on what we want and carry automatic rifles if we so desire. And we resist when the government tries to interfere with our lives. However, less than half of all Americans have even the most basic estate planning documents. …
A common legal myth that is often heard in cafes and barber shops around Texas is that property cannot be landlocked because a neighboring landowner is required to allow entry. This is simply false. Understanding this can be important for both the landlocked owners and neighboring landowners so that each party understands his or her rights.
There are a number of steps for a landowner to consider in order to protect himself or herself from liability. Importantly, there is no magic solution that will ensure a landowner will never be liable for injury. Further, there is nothing a landowner can do to prevent a person from filing suit against the landowner.
