04 January

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Empowering Your Future: Understanding Durable Power of Attorney in Texas

in Business Law, Estate Planning, Legal Advice, Real Estate Law, Wills & Trusts

Introduction: In the vast landscape of estate planning, one crucial document that residents of Texas should be well-acquainted with is the Durable Power of Attorney (DPOA). This legal instrument empowers individuals to make important financial decisions on your behalf, offering peace of mind and security in times of need. In this SEO blog post, we'll delve into the specifics of a Durable Power of Attorney in the state of Texas, highlighting its significance, key elements, and how it can be a cornerstone in your comprehensive estate plan. What is a Durable Power of Attorney? A Durable Power of Attorney is a legal...

03 January

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Navigating Legal Partitions in Texas: Your Comprehensive Guide

Posted by Robert Newton

in Probate, Real Estate Law, Wills & Trusts

Introduction: Legal partitions in Texas play a crucial role in property ownership, division, and rights. Understanding the intricacies of these partitions is vital for property owners, investors, and anyone involved in real estate transactions in the Texas. In this comprehensive guide, we'll delve into the legal aspects of partitions in Texas, offering insights and guidance to navigate this often complex terrain. Defining Legal Partitions in Texas: Legal partitions refer to the division or separation of real property among co-owners. This can involve physically dividing the property or assigning specific rights and interests to each party. In Texas, legal partitions are governed...

08 January

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Opening a Business in Texas

Posted by Robert Newton

in Business Law, Real Estate Law

Starting a business in Texas is a big step for anybody. Sometimes it is a decision to quit one’s job and embark on your own journey. Other times, your new venture started as a hobby that grew into a business. Whatever the case, there are certain Texas legal matters that should be considered. Texas business attorneys will usually advise that you need to open a business entity. The primary choices are a Texas limited liability company, Texas corporation, Texas S-corporation, or Texas limited partnerships. The choice will be dependent upon your business’s composition, business purpose, and business goals. They types of...

01 December

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Retail Real Estate Transactions

Posted by Robert Newton

in Real Estate Law

Retail real estate transactions are a subset of commercial real estate transactions. Like other types of commercial real estate transactions, a Texas real estate attorney can be a great asset in making the transaction run smoothly. Retail real estate transactions are unique, though, in the sense that the buyer will be inheriting existing tenants and their retail leases. It is incredibly important for the buyer to review all the leases. In analyzing the retail leases, it important to consider whether the lease is a gross lease or a net lease. A gross lease is a lease in which the landlord is responsible...

11 December

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Perils of Buying a Business

Posted by Robert Newton

in Business Law, Real Estate Law

Buying a business is a big decision. It is also an adventure. It starts with finding a business that meets one’s requirements. Then, buyers should hire an attorney to draft an asset purchase agreement or stock purchase agreement that describes the rights and obligations of the buyer and seller, as well as, the applicable time tables for the sale. Many buyers do not understand the importance of the purchase agreement, but it is an essential part of the buying process. Similarly, many sellers do not understand the importance of a due diligence period. Due diligence periods are critical to the purchase...

02 June

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How Do I Make a Guest Leave in Texas

Posted by Robert Newton

in Litigation, Real Estate Law

How does the law differentiate between tenants and guests in Frisco, Texas. That is a good question, and one that I receive from time-to-time. Unfortunately, there is no one real good answer. The best we can do is look at existing case law and what little the Texas Property Code says on the topic. Section 92.001 of the Texas Property Code defines a tenant as … “a person who is authorized by a lease to occupy a dwelling to the exclusion of others and, for the purposes of Subchapters D, E, and F, who is obligated under the lease to pay...

21 May

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A Glance at Commercial Leases in Texas

Posted by Robert Newton

in Business Law, Real Estate Law

Office leases, restaurant leases, shopping center leases, single-use tenant leases, build-to-suit leases, industrial leases, and ground leases, among others, are common types of commercial leases used in Frisco, Texas. Even though they differ in the specific verbiage, each type of lease has some very common attributes. Possession and Term Possession is obviously the most important and common attribute, being the centerpiece of any type of lease. The term of the lease for possession of the premises is varies depending upon the type of lease. Usually, commercial leases have longer initial terms than residential leases. However, self-storage leases and some office-suite leases can...

16 May

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Texas Evictions

Posted by Robert Newton

in Business Law, Litigation, Real Estate Law

Residential evictions are statutorily driven in Texas. They are governed by Chapter 24 of the Texas Property Code, as well as, Rule 510 of the Texas Rules of Civil Procedure. To begin the eviction process, a landlord must provide a notice to vacate. State law requires three days’ notice unless a written lease provides a different notice provision. The notice must be delivered by mail or personal delivery, although it can also be affixed to the inside of the main entry door, or, on some occasions, on the exterior of the main entry door. Following the expiration of the time prescribed in...

15 May

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Supreme Court Allows Sports-Betting – What does it Mean for Frisco?

Posted by Robert Newton

in Business Law, Elections, Government/Legislation, Real Estate Law

On May 14, 2018, the Supreme Court of the United States held that the provisions of the Professional and Amateur Sports Protection Act (PASPA) restricting states from allowing sports betting is unconstitutional. It will be a popular decision in the sense that it will make headlines around the country. Various angles of the holding could be written in multiple sections of the daily newspaper. It appeared on every television set during the local and national news broadcasts. And, one can bet, it will be among the hottest topics debated by the candidates in Texas’ next election season. The issue in Murphy...

10 May

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What is a Partition?

Posted by Robert Newton

in Estate Planning, Litigation, Probate, Real Estate Law

In its simplest form, partition means a division of some object or idea. In everyday life, it probably most frequently refers to the division in a room, such as the sliding heavy curtains separating Sunday School classes at church. In a legal sense, though, it means the division of an interest. Although partition can apply to an interest in any asset, partitions typically arise in regards to real property. Further, courts review two primary types of partitions, a partition-by-sale and a partition-in-kind. As one might have figured, a partition-by-sale means that a court requires a sale of the property. A partition-in-kind...

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