16 May

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Texas Evictions

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...

22 December

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2017 Tax Cuts and Jobs Act

Posted by Robert Newton

in Business Law, Government/Legislation, Real Estate Law, Wills & Trusts

The Tax Cuts and Jobs Act has now been passed by Congress and is awaiting President Trump’s signature. The question now arises, what does this mean for the average resident living in Frisco, Texas? Tax bills, as are most bills, are horrible to read because they simply amend existing sections of code. The Tax Cuts and Jobs Act is no different. So, below are a few highlights into how the Act could affect you, if and when President Trump signs it into law. Individuals The biggest change to individuals will likely be the increase of the standard deduction to $24,000 from $12,700...

13 April

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Help! I Owe Property Taxes on Inherited Property!

Posted by admin

in Foreclosures, Litigation, Probate, Real Estate Law, Wills & Trusts

From time-to-time, clients will contact me because they owe property taxes on property that they did not even know they owned. Almost always, my client’s ownership arises from an inheritance they did not even know existed. Sometimes, the decedent is a fairly distant relative. Sometimes, the decedent is an estranged parent. Sometimes, it was just property that was forgotten over the generations. To many, this may seem like a “first-world” problem, and, to some extent, it is. However, the tax bill is real, the lawsuit is real, and the resulting foreclosure is real. Unfortunately, the value of the property is...

23 November

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My Contractor Didnt Pay the Subcontractor!

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in Real Estate Law

General contractors often use the money from the current job to pay for the last job. And, the current jobs completion is often tied to the contractors ability to get a future job. If the contractor has a slow month, then it is possible that subcontractors may try to enforce mechanics and materialman liens against the house. And, to many unsuspecting homeowners, these liens are often valid. If a homeowner receives a notice of the intention to enforce a lien against her house, then the homeowner should immediately contact an attorney. Time is of the essence. Further, the Texas Property Code...

22 November

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Estate Planning for Blended Families

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in Probate, Real Estate Law, Wills & Trusts

Blended families are a common occurrence in Frisco, Texas. However, meeting a spouse of a blended family that has their estate planning complete is rather rare. That is a problem because when a spouse dies without a will, and s/he has children from a prior relationship, the laws of the State of Texas are rather cruel to the surviving spouse. For instance, if a husband enters a marriage with two children, never signs a will after becoming remarried, and then dies, his children will own half of the house with their stepmother, as well as one-half of the personal community property...

27 July

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Brokerless Real Estate Transactions

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in Real Estate Law

Brokerless real estate transactions (BRETs) are becoming more common in the residential real estate market, as well as, the commercial markets. What generally started as a means by which sellers could save on real estate commissions, has grown to include buyers streamlining the buying process and splitting the commission savings with the seller. In addition, buyers and sellers often find one another before the first open house, thus reducing the number of days on market. So, why has the BRET market grown so fast? Sites like Trulia and Zillow are important factors. Sellers are able to list their homes for free...

21 July

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Transfer on Death Deeds

Posted by admin

in Probate, Real Estate Law, Wills & Trusts

In 2015, the Texas Legislature created a vital new estate planning tool, namely, the Transfer on Death Deed. The Transfer on Death Deed will serve an important role in future estate planning needs by lessening, and sometimes removing, the burden of probate. The Transfer on Death Deed is similar to an Enhanced Life Estate Deed, which is sometimes called a Lady Bird Deed. So, exactly what is a transfer on death deed? A transfer on death deed is an instrument that transfers interest in real property from the transferor to beneficiaries named within the deed upon the death of the transferor....

19 January

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Security Deposits, Normal Wear and Tear, and Deductions

Posted by admin

in Real Estate Law

As a real estate attorney, I often get calls from landlords and tenants about security deposits on move-out. From what I can tell, it is the most disputed aspect of any lease. The following is a typical story. The tenant resides in the premises for a year or two. Upon move-out, the tenant broom-cleans the premises, provides a forwarding address, and requests the security deposit. Somewhere around the thirtieth day following move-out, the tenant receives a letter from the landlord detailing how the security deposit was applied to make certain repairs and clean the premises. Sometimes the landlord returns a...

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