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In this article, you can discover… How to select the best probate attorney for you and your family. Important questions to ask a prospective probate attorney. The costs and fees associated with the probate process in Texas.  What Criteria Should I Use To Select The Best Probate Attorney For Me? There are many probate attorneys available, so a key factor to consider is who you feel most comfortable with. Do some research on local probate lawyers to determine which ones you would like to meet with based on reviews and testimonies. From this point, the qualifications you should look for may depend on your needs. For instance, you will want to work with a specialist if you are settling a high-value estate. This will ensure that your attorney understands the complexities of your case and any estate tax that might…Read More

In this article, you can discover… How uncontested probate can help settle an estate in less time. The financial benefits of uncontested probate. How an attorney can help your family avoid the possible risks of contested probate. Uncontested Probate Helps Families Settle An Estate Faster Uncontested probate means that everyone is in agreement on who can be designated to go and get things done. This naturally allows for a faster process, as establishing a dependent administration can add years to the timeline. Recently, we worked with a couple where everything was going to move forward uncontested, and then suddenly, that changed. Out of 37 heirs, one person decided not to allow it, and we are currently in year three of trying to work this out. If the contesting party had agreed to sign, however, we could have taken care of…Read More

In this article, you can discover… The importance of communicating with secured creditors during probate. Why clear communication between heirs is essential.  How an experienced probate attorney can help you avoid common mistakes.  Mistake #1: Failing To Notify Creditors About The Probate Process In Texas, you always have to notify secured creditors by law, but the consequences for failing to do so can depend on the type of probate you’re dealing with. Secured creditors are lenders who have a claim to the personal assets of the estate, meaning that they can sell things like the house or the vehicle to cover the debt if there is a default on a loan. Secured creditors often don’t care if you notify them in time as long as they get paid.  However, unsecured creditors may need to be looked at more closely by…Read More

In this article, you’ll discover: The documentation you need to bring to an eviction hearing. The most common defenses tenants bring forward in eviction proceedings. The importance of having an experienced eviction attorney in an eviction hearing. What Key Documents Landlords Should Bring To An Eviction Hearing? To ensure a smooth eviction hearing, landlords or their attorneys should bring multiple copies (three to four) of the following key documents: The lease The petition The ledger or list of payments - how much was paid and what day it was paid The notice of vacate and a scan of the envelope it went in with the tracking number from the post office along with the tracking results The attorney fee affidavit, saying why the landlord should be awarded attorney fees, depending on the type of case Pictures or video of damage…Read More

In this article, you will discover: Whether tenants can be evicted in inclement weather or during the holidays. Whether landlords can change locks on tenants without a court order. The length of a typical legal battle for eviction. Myth #1: Landlords Cannot Evict Tenants During The Winter In Texas This is a common misconception. In Texas, there are no specific seasonal restrictions on evictions, even during the winter. The only guideline affecting eviction timing involves the enforcement of the writ of possession—the final move-out order. By law, constables cannot execute a writ of possession when it is raining or other inclement weather. Beyond that, some local areas may have practical policies, such as avoiding move-outs in extremely cold temperatures. However, such conditions are rare in most parts of Texas. The bottom line: Evictions can proceed during the winter, as long…Read More

In this article, you’ll discover: How an attorney can help with nonpayment issues in evictions. How a tenant’s bankruptcy filing affects eviction in Texas. How to handle tenant attempts to delay eviction. How Do Nonpayment Issues Impact Travis County Eviction Proceedings? Nonpayment of rent is one of the most straightforward reasons for eviction in Texas. Legally, there’s no valid justification for failing to pay rent. While tenants may have personal reasons or life challenges, the law doesn’t allow one person to shift their housing responsibility onto another. Here are some of the key concepts you should keep in mind about these proceedings: The Federal Cares Act and Other Notice Requirements One significant factor impacting eviction proceedings is compliance with the Federal Cares Act, which mandates a 30-day notice to vacate for properties with federally backed mortgages. This includes loans backed…Read More

As a landlord in Texas, protecting yourself from liability is essential to running a successful rental business. From creating a strong lease agreement to ensuring compliance with housing laws, taking the right precautions can help you avoid legal pitfalls and costly disputes. This article outlines key steps to reduce your risk, including proper documentation, routine maintenance, and clear communication with tenants. By proactively addressing potential issues, you can safeguard your property, maintain positive tenant relationships, and limit your exposure to liability. Key Takeaways Using a vetted lease agreement like the Texas Association of Realtors (TAR) Lease can help reduce liability by covering essential legal protections for landlords. Regular property maintenance and proactive inspections minimize liability by addressing potential hazards early and preventing costly damages or injuries. Clear, documented tenant communications and adherence to non-discriminatory rental qualifications protect landlords from legal…Read More

In this article, you will discover: The difference between a writ of possession and a notice to vacate. When to file a writ of possession. What to do if a tenant refuses to leave after filing a writ of possession. What Is The Difference Between A Writ Of Possession And A Notice To Vacate? A writ of possession and a notice to vacate are two key steps in the eviction process, but they serve different purposes. A writ of possession is the final court order requiring a tenant to leave the property. It is issued after the landlord wins a judgment and no appeal is filed. The landlord must request the writ, which the court then signs. Once signed, the writ directs the constable to post a 24-hour notice on the property. While the notice gives the tenant a short…Read More

Facing an eviction—whether you're a landlord or tenant—can be a stressful and confusing experience. Understanding the legal grounds for eviction in Texas and knowing your rights can help you navigate the process with more confidence.  Whether it's due to nonpayment of rent, property damage, or illegal activity, landlords must follow proper legal procedures to regain possession of their property. This guide outlines the most important aspects of eviction in Texas, giving you the clarity needed to protect your rights and avoid costly mistakes along the way. Key Takeaways Nonpayment of rent is a primary justification for eviction in Texas, as rental agreements are considered business contracts with clear obligations. Illegal activity or significant property damage, if outlined in the lease, can be grounds for eviction, and landlords must act swiftly to protect their property and interests. Tenants who remain after…Read More

Planning your estate is one of the most important ways to protect your family and ensure your wishes are carried out. However, common mistakes can lead to unnecessary legal battles, financial strain, and stress for your loved ones. By being aware of these pitfalls, you can take proactive steps to avoid them and create a solid plan that gives you and your family peace of mind. This guide will walk you through the top six mistakes to avoid when planning your estate in Austin, Texas, helping you secure your assets and protect your family’s future. Key Takeaways Failing to create a will can leave your estate vulnerable to state intestacy laws, leading to lengthy and costly legal proceedings for your loved ones. Major life changes like divorce, a new child, or a family death require timely updates to your estate…Read More