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Common Law Marriage in Texas Probate Courts

Several times over the years, I have probated estates in which the “significant other” to the decedent came forth stating that she (for some reason, every time I had a case like this the deceased was a man) was the common law wife of the decedent and that she, therefore, had a right to half Read More

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Who Gets the Engagement Ring?

The Murky Waters of Failed Engagements An engagement is an exciting time in a soon-to-be-married couple’s life. The proposal’s been nailed down, both parties are in agreement and the prospect of happily ever after makes the time that much more special. However, sometimes things come to an end before they officially begin, as is the Read More

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“Letters”: How to Get Letters of Testamentary

I often get frustrated clients that come to me with a story that goes something like this: “My father died and I am his only child. He has a bank account and a stock brokerage account. His Will leaves everything to me and I even gave the financial institutions a copy, but they won’t turnover Read More

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It May Be Time to Undo Your Will

If you had a Will prepared by an attorney who did estate and tax planning in the 80’s, 90’s or early aughts, it probably had provisions to avoid estate taxes. This was a great idea at the time because for most of that period the maximum estate tax rate hovered around 50%. Simply put if Read More

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What Does a Seller’s Disclosure Notice NOT Tell You About the Property?

By Don White  Board Certified by the Texas Board of Legal Specialization in both Commercial and Residential Real Estate Law When a Seller offers a home for sale, they are required under the Contract to provide the buyer with a Seller’s Disclosure Notice. This Notice is a disclosure of the Seller’s knowledge of any areas Read More

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The Cost of Doing Business

Tale of Two Businesses (A Business Parable) Two entrepreneurs went to visit an attorney’s office. One was named Joe Pennypincher, the other was Patrick Preparedman. They each wanted to start a business and needed documents drawn up. At each of their consults, the attorney explained how he would go through and get the important factors Read More

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The Gray Divorce

What Happens When Marriage Ends after 50? When couples get married, everyone agrees that they’re in it for the long haul; for better or for worse. However, sometimes feelings change, people evolve and emotional distance increases enough for happily ever after to come to a premature end with divorce. When marriages end, it’s a given Read More

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Divorce in the Information Age: Lessons from the Ashley Madison Hack

By Brian K. Tackett The tagline for Ashley Madison is: “Life it Short. Have an affair.” This is a website specifically marketed to married people who want to have an affair. It boasts “over 40,915,000 anonymous members.” Uh Oh! How many of those 40+ million “anonymous” users thought they would be outed by a hacker? Read More

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Dividing Debt In a Divorce

By Thomas E. Little Going through a divorce can be daunting for many reasons. In the early stages of divorce, parties focus much of their time and energy on how to divide the assets. However, one particularly intimidating aspect of a divorce that’s often ignored is how to divide the debt. Texas Is a Community Read More

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Three Pitfalls of the Uncontested Divorce

By Brian K. Tackett In a perfect world, all divorces would be uncontested. In an uncontested divorce the attorney is usually removed from the negotiation process, however, that doesn’t necessarily mean the attorney is not involved. If you are considering going through an uncontested divorce, you should absolutely employ an attorney to advise you throughout Read More

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