Texas Laws

Gun Trusts in Texas

We’re Texans, and we love our guns. In fact, Texans own more National Firearms Act weapons than any other state. And that is why we all need to know about gun trusts. A gun trust is a convenient method to own an NFA firearm and comply with the fairly complex Federal laws. Why is that important?  Because violating the Federal gun laws can result in fines (up to $10,000), imprisonment (up...

Texas – Immediate Probate Actions

“He died with his boots on.” Admirable, but he left the rest of us to deal with his assets and debts. Where to start?  First,  we want to find his will and any burial instructions.  Since he didn’t tell anybody the location of  his documents before he rode off into the sunset, we’ll look in a logical place:  his safety deposit box.  The bank  may allow access without a court order...

Gun Trusts

By Virginia Hammerle, Attorney   Guns are regulated by a mix of federal and state laws.   Probating an estate that contains guns can be difficult, and could even expose the executor to criminal penalties. The National Firearms Act,  the Gun Control Act of 1968 and, most recently, the Firearm Owners’ Protection Act  outlines gun regulation for certain types of firearms,  such as machine guns, suppressors, short-barreled shotguns (sawed-off shotguns), and destructive devices...

Trusts in Texas

A Trust is a legal chameleon. At its most basic, a Trust is an agreement by a fiduciary (trustee)  to hold property for the benefit of another.  A Trust is not a separate legal entity. There are three players in a Trust – the settler (who establishes and sometimes funds the Trust), the Trustee (who administers the Trust) and the beneficiary (for whose benefit the Trust exists). A Trust should always be...

Texas Trusts

What is a Trust? A trust is an arrangement involving three parties, the trustor, the trustee, and the beneficiary.  The trustor is the creator of the trust who transfers real or personal property to the trustee of the trust.  The trustee holds the transferred assets for the benefit of the third party who is the beneficiary of the trust. The trustee of the trust is a fiduciary.  The trustee has a...

Medicaid Eligibility in Texas

The issues that most frequently arise concerning eligibility for medicaid are income and resources(assets). Medicaid considers only the income of the person who is seeking medicaid based on the name on the check rule.  In 2012 the income limit is $2,094 per month.  For someone who has income in excess of this limit, a Qualified Income Trust(Miller Trust) will allow the applicant to still meet the eligibility requirements as far...

Divorce and Business Owners in Texas

"If I get divorced, what happens to my business?" That is one of the first questions that is asked when I meet with a small business owner who is contemplating getting a divorce in Texas. Business owners have special concerns when it comes to the issue of divorce. These high net worth individuals have to answer a series of questions in making such a determination. For example - Was the business...

Non-Competition Agreements in Texas – New Court Decision

Lawyers like predictability. Witnesses who don’t change their testimony,  statutes that aren’t  amended every two years,   Supreme Court decisions that aren’t tossed out on a whim….these  are the  little things that make lawyers happy. Which is why the Texas Supreme Court’s decision on December 16, 2011 in Marsh USA Inc  v. Cook  sent shock waves in the lawyer world from the Gulf to the Red River. Marsh concerns the enforceability of non-competition agreements –...

ODL and ALR in Texas – Driving after a DWI in Texas

One thing most of us take for granted is having a driver’s license.  Each day we jump behind the wheel and drive to work, run errands, pick kids up from school, or go wherever it is we need to go without thinking twice about it.  Now imagine your life without a driver’s license.  How are you going to get to and from work?  What happens if your child gets...

7 Things to Remember if You are Stopped for a DWI in Texas

1. If you see police lights, pull over and stop. Stay in your car. Assume you are being videotaped. 2. Turn the interior lights on for the police officer's benefit. Get out your driver's license and insurance certificate. After that, keep your hands on the steering wheel and in plain sight when the officer approaches. 3. If you have doubts that it is really a police officer behind you, then you...

Buying a House in Texas – The Residential Contract

"Standard Contract". A phrase that should  strike fear into your heart. The One to Four Family Residential Contract (Resale) is a standard contract, and a great example of why you should know what you are signing BEFORE you sign it.  It's used by realtors all over the State of Texas for the sale of houses. The form was put out by the Texas Real Estate Commission (acronym TREC) Four pages back,...

Texas Custody Disputes

Can't we all just agree? No.  And maybe  that's a good thing. Sometimes the stakes are too high for compromise in a Texas child custody case.   In those types of child custody cases, you  need an aggressive child custody attorney in your corner.   The family law attorneys at Hammerle Finley Law Firm may be able to help. Texas child custody cases between parents  usually arise in three types of situations.  First, there are the unmarried parents...
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