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Dividing Closely Held Business Ownership in a Texas Divorce

Aside from the typical property division issues involved in divorce, there may be a business interest that both spouses may be entitled to share. This includes a stake in a closely held company, even if only one spouse is the actual owner. Texas is a community property state, which means that all property acquired by Read More

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Law Stops Texas Municipalities from Banning Certain Building Materials

In 2019, the Texas Legislature passed House Bill 2439, a state law prohibiting local municipalities from passing ordinances preventing the use of certain types of building materials. By expanding the range of what can be used during construction projects, the law is intended to save Texas builders and consumers money on construction costs. For the Read More

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Court Rules Old Friendship Does Not Equal a Fiduciary Relationship

A fiduciary is a person who holds a legal or ethical relationship of trust with one or more other parties. The fiduciary must place the interests of the other above his or her own. This type of relationship can exist between a trustee and a beneficiary, a financial adviser and a client and other contexts Read More

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Court Gives Texas Father Custody in Case Against Fiancé of Deceased Ex

When Texas parents divorce, the most contested issues often involve conservatorship, possession and access. Conservatorship, also known as child custody in many other jurisdictions, is the legal right and responsibility of a parent to make decisions about the health, education and welfare of the child. This can be granted jointly or given to one parent. Read More

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Charitable Gift Annuities and Your Estate Plan

Charitable gift annuities are a way to make donations to a nonprofit university, hospital or other charitable institution while receiving income and tax benefits in return. Donors (known as annuitants) can take a charitable deduction on their income taxes in the year the gift is made. In addition, they receive a long-term income stream. For Read More

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How Lien Stripping Works in Chapter 13 Bankruptcy

If you are like most homeowners, you purchased your house with a mortgage, which is a lien on the property that the lender can use to enforce payment of the loan. This first mortgage takes priority over any subsequent liens, such as those used to secure home equity loans or lines of credit. However, if Read More

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Why a Buy-Sell Agreement is Essential for a Small Business

Whether you’re starting a new business or are fully engaged in running one, it’s vital to plan ahead for what happens to the enterprise when you or one of your co-owners retires, becomes disabled or passes away. Creating an agreement that provides for such contingencies can help you ensure a smooth transition that avoids business Read More

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What Defines a Child’s Best Interests in Custody Cases?

When divorcing parents cannot agree on custody and visitation arrangements, the family court judge will make determinations that best serve the child’s emotional and physical needs. In other words, the child’s best interests are the priority, and parents will need to demonstrate to the judge how their desired custody arrangement serves those interests. Texas courts Read More

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How Is Community Property Transferred When a Spouse Dies?

In community property states like Texas, most property acquired by either spouse during a marriage is by law jointly owned by both of them. Upon divorce, the community property is evenly split. But what happens when a husband or wife dies while the marriage is in effect? Does the surviving spouse get everything or do Read More

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What Must You Disclose When Selling a Home in Texas?

Whether you’re selling the home you’ve lived in for years or flipping the fixer-upper you’ve refurbished, you’ll need to make a series of disclosures to the prospective buyer before any deal can be finalized. Texas law requires home sellers to inform buyers of material defects in the property that may affect its value. Usually, these Read More

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