06 February

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Wills Are Public Information / Trusts are Not

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Following the tragic death of Paul Walker, it was reported that he bequeathed approximately $25 million in assets to his daughter. How did they get that information? It was in the probate filings of his executor, which also (presumably) contained a copy of his last will and testament. One can make a very strong argument that one’s financial situation, especially upon death, should be a private matter. Why should it be public information? However, consider the other side. Wills provide information to the families. If the wills were not public information, then estranged family members, or at least quarreling family members,...

30 September

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When is my Security Deposit Due? – Residential Tenancy

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in Real Estate Law

Tenants often wonder when their security deposit must be returned after leaving a rental unit. Typically, the security deposit must be returned within thirty days following surrender of the property. Surrender of the property can be different from the end of the lease. The landlord is allowed to deduct damages and charges for which the tenant is liable from the security deposit or for breach of the lease. Security deposits cannot be withheld for normal wear and tear. Additionally, the landlord should provide the tenant with an itemized list of deductions unless the tenant owes rent when the property is surrendered...

25 September

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Congressman Michael Burgess (TX)-Obamacare Video

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in Government/Legislation

I believe it is important to know what your elected officials think about the most important topics of the day. My elected US Representative is Michael Burgess. Here is a video of him on the floor explaining the process of how the Affordable Care Act (Obamacare) was implemented, and why he believes it should not be funded. Regardless of your own beliefs on any particular topic, each of us should take the time to know our elected officials. I'll try to post additional information from some of Frisco's other elected officials, as well. Robert Newton is an attorney based in Frisco, Texas, that practices...

24 September

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Texas For Sale By Owner Documents

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in Real Estate Law

Occasionally situations arise where a real estate broker is not needed in a real estate transaction. Circumstances would include the buyer and seller knowing each other, a hot real estate market (like the one in Frisco, Texas), and many others. In those circumstances, the buyer and seller often need assistance generating the legal documents to form a binding contract and transfer the property. Although general form sets are online, they can be risky to use because every real estate transaction is a little different. Instead, hire a real estate attorney to make sure it’s done right. Most real estate lawyers’ prices...

20 August

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Why an Attorney Should Draft Your Will

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in Wills & Trusts

Considering one can find almost any legal document online, people often wonder if it is worth hiring an attorney to draft the last will and testament, living trust, and other estate planning documents. The answer is unequivocally, “Yes.” Although one may derive some bias in this author’s response, the response originates from experience. Many of the problems discovered during probate arise due to online documents. Quite simply, one can hardly replace the independence and the process an attorney offers. For instance, if the will is contested in court, then the attorney may be able to testify about the specific item being...

14 August

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The Process of Creating a Last Will & Testament

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in Wills & Trusts

Clients often inquire about the process associated with creating a last will and testament. For most individuals and families, the process is rather simple and starts with a call to a local attorney. Between the phone call and the initial consultation, the attorney will likely provide a questionnaire to complete and bring to the initial consultation. At the initial consultation, the estate planning lawyer will review the answers to the questionnaire and start delving deeper. Perhaps the biggest issue discussed at the initial consultation is alternative distribution scenarios. Most people plan on distributing their assets to his/her spouse and then children....

22 May

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Corporate Records Service Fraud Alert

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in Business Law

John, Steen, the Secretary of State of Texas, has issued the following warning to Texas business. A company by the name of Corporate Records Service sent solicitations to Texas businesses suggesting that Texas entities are required to complete a statement and return it with a fee of $125. The solicitations were entitled “Annual Minutes Records Form.” The document, which purportedly looked official and was addressed from Austin, implied that all Texas entities were required to file the statement with the Corporate Records Service and pay the fee. THAT IS UNTRUE. Most Texas entities only need to be concerned with four Texas governmental...

20 May

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Five Important Terms of a Commercial Lease Agreement

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in Business Law, Real Estate Law

Commercial lease agreements can be one of the most important documents for your business. For many businesses, it is the highest non-payroll expense. A business owner needs to make sure that he/she understands the lease and the impact of its terms. It is always a good idea to hire a real estate attorney to review the commercial lease agreement, but you also need an independent understanding of some basic ideas. 1. Types of leases – There are two primary types of leases and a lot of variation of how they are applied. The first primary type of lease is called a...

14 May

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Property Tax Protest Deadline ? May 31, 2013

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in Government/Legislation, Real Estate Law

Hello Texas residents. This is a reminder that the general protest deadline for property taxes is May 31, 2013. If the Notice of Appraised Value was mailed after May 1, then the deadline would be thirty (30) days from the date the notice was mailed. Proper reasons to protest include the following: (i) disagreement as to the market or appraised value of the property; (ii) the unequal appraisal of the property; (iii) the inclusion of the property on the appraisal roll (iv) the failure to apply exemptions; (v) qualification of timber or agricultural appraisals; (vi) taxable status of the property; (vii) the property is not within a particular...

13 May

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Results of the May 11, 2013 Election

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in Elections, Government/Legislation

I hope everyone remembered to vote. Below are the links to the election results from the May 11, 2013 elections. Click on your county and scroll to your jurisdiction(s). Collin County Election Results Dallas County Election Results Denton County Election Results Tarrant County Election Results From your Frisco, Texas, attorney. ...

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