Supreme Court of Texas has issued a new emergency order regarding the Texas Eviction Diversion Program. This is a renewal of its November 5, 2021 order. 

Any citation for eviction must include the following statement: 
​
“You may be able to have some of the rent you owe paid and stop your eviction. Find out more about available rental assistance programs in your area at https://www. consumerfinance.gov/coronavirus/mortgage-and-housing-assistance/ renter-protections/find-help-with-rent-and-utilities/. If there is an available rental assistance program in your area, tell the judge you are interested in participating. To find out more about what to tell the judge and what may happen with your eviction, visit www.TexasLawHelp.org or call Texas Legal Services Center for assistance at 855-270-7655.”
 and 
 (i): “Usted podrá ser elegible para recibir asistencia en algunos pagos vencidos de su alquiler y detener su desalojo. Visite el siguiente enlace para mayor información sobre los programas de asistencia para pagos de alquiler disponibles en su localidad https://www.consumerfinance.gov/ coronavirus/mortgage-and-housing-assistance/renter-protections/findhelp-with-rent-and-utilities/. Si hay programas disponibles en su localidad, informe usted al juez que desea participar en alguno de ellos. Puede visitar el siguiente enlace www.TexasLawHelp.org para mayor información sobre qué decir ante el juez y qué puede ocurrir en un proceso de desalojo, o puede llamar al Centro de Servicios Legales de Texas (en inglés, Texas Legal Services Center) al teléfono 855-270-7655.”;

You may download a copy of the Supreme Court's Order below. 

Understand the Terms and Conditions: Before starting negotiations, it is essential to review and understand the terms and conditions of the contract. Make a list of the critical areas where you want to make changes or modifications.
 
Define Your Objectives: Clearly define your objectives and goals in the negotiation process. Determine what you want to achieve from the contract and what areas are most important to you.
 
Prepare and Research: Gather relevant information about the industry and the market conditions. Research the other party's interests, needs, and expectations to understand what they may be willing to concede or compromise.
 
Initiate the Negotiation Process: Start the negotiation by proposing your terms and conditions to the other party. Be respectful, professional, and open to feedback.
 
Listen Carefully: Listen carefully to the other party's objections and concerns. Pay attention to their interests, priorities, and needs. Understand their perspective and try to find common ground.
 
Make Counter Offers: Based on the feedback received, make counter offers that address the other party's concerns while still meeting your objectives.
 
Reach an Agreement: Keep the negotiation process going until both parties can reach an agreement that satisfies their interests. Ensure that the agreement is well-documented and signed by all parties involved.
 
Follow-Up: After the contract is signed, it's essential to follow up and ensure that all parties comply with the agreed terms and conditions. Keep communication lines open and address any issues that arise promptly.
 
Remember that the negotiation process requires patience, flexibility, and a willingness to compromise. Be respectful, professional, and open-minded throughout the process.If you have any questions about the contract negotiating process, call us for more details. 

First, what is contract law? Contract law is a body of law that governs the creation, interpretation, and enforcement of agreements between two or more parties. Now, keep in mind that every contract needs the basics such as:

Offer and Acceptance: A contract is formed when one party makes an offer to do something in exchange for something of value from another party, and the other party accepts the offer.
 
Consideration: For a contract to be legally binding, there must be a bargained-for exchange of something of value between the parties. This is known as consideration.
 
Mutual Assent: Both parties must agree to the terms of the contract. If one party is forced into the agreement or if there is a mistake or fraud involved, then the contract may be voidable.
 
Capacity: To enter into a contract, parties must have the capacity to do so. This means they must be of legal age, sound mind, and not under duress or undue influence.
 
Legality: The subject matter of the contract must be legal. A contract cannot be formed for an illegal purpose.
 
Performance: The parties must fulfill their obligations under the contract. If one party fails to perform, the other party may have a right to terminate the contract and seek damages.
 
Remedies: If a party breaches the contract, the non-breaching party may seek legal remedies such as damages or specific performance (where the court orders the breaching party to perform their obligations under the contract).
 
These are some of the basics of contract law, but there are many more specific rules and principles that can apply depending on the type of contract and the circumstances of the case. For more information on contracts, or you need assistance drafting or negotiating a contract, feel free to contact us. 

​In Texas, we transfer ownership through deeds. There is a Quit Claim Deed, a Deed of Trust, a Warranty Deed, and a Special Warranty Deed. All are used to transfer ownership of real property (also known as real estate).  However, they differ in the level of protection and warranties they provide to the buyer (grantee) and the obligations of the seller (grantor).

QUITCLAIM DEED
Our first deed to discuss is the quit claim deed.  A Quitclaim Deed is a legal document used to transfer ownership of real property from one person (grantor) to another (grantee). Unlike other types of deeds, a Quitclaim Deed provides no warranties or guarantees about the ownership of the property. The grantor is simply releasing, or "quitting," any claim they have to the property, but does not provide any assurances about the status of the title.
The Quitclaim Deed can be useful in certain situations, such as transferring property between family members, correcting errors in the chain of title, or resolving disputes about ownership. However, it is important to understand that the grantee may still face title issues or disputes that were not resolved by the Quitclaim Deed. 

DEED OF TRUST
A Deed of Trust is a three-party agreement between the borrower (trustor), the lender (beneficiary), and the trustee. The borrower conveys the title to the property to the trustee, who holds the property as security for the loan. If the borrower defaults on the loan, the trustee can sell the property to satisfy the debt. So in essence, in some ways, the Deed of Trust resembles a mortgage. 
 
WARRANTY DEED 
A Warranty Deed provides the grantee with a guarantee from the grantor that the grantor has good title to the property, free and clear of any liens or encumbrances, and that the grantor will defend the title against any claims. This is sort of like a guarantee that if anything goes wrong with the title, and title is not good, you may have a claim against the grantor. 

SPECIAL WARRANTY DEED
 A Special Warranty Deed provides a limited warranty from the grantor to the grantee. The grantor only promises that the property was not encumbered during the grantor's ownership and that the grantor has done nothing to impair the title. The grantor does not provide a warranty against defects that existed prior to their ownership. 
 
In conclusion, it is recommended that before determining which deed to use or pulling forms off of the internet that you consult an attorney to determine if your legal matters will be resolved with one deed or another. As always, please feel free to email us with your questions. 

At best, you figured this should be easy. There's a will that's clear on your loved one's intentions at death. All you have to do is get an attorney and get everything filed. Then, low and behold, out of nowhere, a relative decides that he wants a piece of the action. Even though he was not mentioned in the will, and has no right to anything in your loved one's estate, your relative has decided that he belongs in the will. He retains an attorney and challenges the will. In legal circles, we refer to this as a contested will. 

Contested wills refer to the legal disputes over the validity of a will, the distribution of assets according to the will, or the appointment of the executor named in the will. A will can be challenged or labeled contested for a number of reasons, including:​

1. Lack of testamentary capacity: The person making the will (the testator) must have the mental capacity to understand the nature and effect of their actions when making a will.
2. Undue influence: If someone exercises excessive control or pressure over the testator, the will may be invalidated.
3. Fraud: A will may be considered invalid if it can be proved that it was procured by fraud, forgery or other deceptive means.
4. Revocation: A will can be revoked if the testator intentionally cancels, alters, or destroys it.
5. Formal requirements: Wills must meet certain formal requirements in order to be valid, such as being in writing and signed by the testator in front of witnesses.

Contested wills are resolved through the probate court process, where a judge hears evidence and makes a decision on the validity of the will. The process can be complex, time-consuming and emotionally charged. Some believe that if they only talk to the family member that the matter can be resolved without the need and expense of getting attorneys involved. However, keep in mind that communicating through an attorney reduces and deescalates a charged and emotional situation. So it's advisable to seek the assistance of an experienced attorney if you are involved in a contested will case. 

If you have any questions about contested wills or other probate matters, contact us for more information. 

A Trust is defined as: a fiduciary relationship in which a trustor gives another party, known as the trustee, the right to hold title to property or assets for the benefit . The trustee manages the assets inside of the trust.

What are the benefits of a trust and why should one consider forming a trust?

• Estate planning: A trust may help you manage and distribute your assets according to your wishes after you pass away.
• Avoidance of probate: Probate is a legal process that can be time-consuming and expensive. A trust may help avoid probate and ensure that your assets are distributed according to your wishes. 
• Privacy: The details of a trust are not public information, unlike a will, which becomes part of the public record after probate.
•  Asset protection: A trust may protect your assets from creditors and from being seized in a lawsuit.
• Control over assets: With a trust, you may specify how and when assets are to be distributed, rather than leaving it up to the courts.
• Tax benefits: Depending on the type of trust and the circumstances, a trust may offer tax benefits, such as avoiding or reducing estate taxes.
• Special needs planning: A trust may provide for a loved one with special needs without disrupting their eligibility for government benefits.

It's important to consider the specific goals and circumstances of your estate when deciding if a trust is right for you, and to work with an attorney in solidifying your goals. If you need more information regarding the benefits of a trust or would like to set up a consultation to discuss your estate planning needs, give us a call.