Frequently Asked Questions

If you think you may need an attorney in the areas of Small Business, Real Estate or Probate, you can contact Dan about your situation. Reaching out does not cost you anything and you can get valuable insight into whether or not you need an attorney.

You want a local attorney, it helps save on travel costs. For example, you need to probate a Will in Dallas but you live in San Antonio. You will most likely save money by hiring an attorney in the Dallas area because you will not be paying your attorney to travel to Dallas to handle whatever matters are required.

If you have a real estate matter, a copy of the sales agreement, deed, deed of trust, and related communications will be helpful. If it is probate matter, a copy of the Will and Death Certificate are a good start. If it is a business problem, a copy of all the relevant communications (emails, letters, text messages, etc.) is always helpful.

Sooner rather than later. Contact an attorney to get an idea how how to get started.

Names (and preferably address and phone numbers) for the people involved. A brief description of the problems/issues/situation/etc. A copy of all the documents related to the problem – contracts, agreements, demand letters, petitions, emails, text messages.

A Company Agreement is a custom-written document for a company that lays out the framework for how it will operate. In other words, it’s like your very own rulebook for the owners and other employees in charge of your business. Company Agreements cover things like ownership structure and members’ rights and responsibilities. For more information, visit our company agreements page to see common items included in Company Agreements.

You can easily draft a will using a will software or an online will template. While a lawyer is not required, it is a great idea to consult with an experienced attorney to ensure the process is completed properly. A lawyer can also help in complex will situations like disinheriting your spouse or children – or when you think your will may be contested.

The state of Texas does not require a will to be notarized to be considered legal. Texas recognizes formal and holographic wills as valid.

A Power of Attorney is a legal document that gives an individual or organization, referred to as your attorney-in-fact or agent, permission to act on your behalf if and when you are no longer able to do so. Based on the type of POA, this may give the agent the power to make financial, business, medical, real estate, insurance decisions and much more.

Most people can create a living trust without the oversight of a lawyer. There are other resources such as online programs you can use to complete the task by yourself.

Keep in mind that it is a good idea to see a lawyer when setting up a trust if:

  • You do not have someone to name as a trustee
  • You have considerable debts
  • You have conditions for distributing your property
  • Estate taxes will be involved

While many renter-landlord disputes can be resolved or tolerated, there are situations when a lawyer can significantly help your case. Here are some examples of when to use a lawyer to handle or sue your landlord:

  • Eviction: If you plan to fight an eviction or improper eviction is taking place.
  • Discrimination: If your landlord is discriminatory a lawyer can help stop the illegal behavior and recover any damages.
  • Unfulfilled Promises or Repairs: If your landlord fails to follow through with repairs or promised actions.
  • Personal or Property Damage: Damage to your property or injury to your person will require a lawyer to receive compensation.

A deed is a physical document declaring official ownership of a property. A title is the intangible concept of ownership.

For example, you can buy a book and own the physical copy, but you can’t own the title of the book.

Resource: What Is The Legal Difference Between A Title And A Deed?

Texas does not require that you have a real estate attorney, so most property transactions are fine to complete at your discretion. However, the following are situations where a real estate attorney can really benefit you:

  • Commercial real estate buying/selling
  • All-cash sales
  • Owner financing
  • Inexperience with mortgage or loan paperwork
  • Any complex situation the buyer/seller is unfamiliar with

While it is possible to probate a will yourself, there are some stages in the process that could benefit greatly from a lawyer’s expertise.

  • Heirs or Creditors: Determining heirs or navigating succession laws sometimes need an attorney’s help.
  • Asset Ownership: If transferring ownership is unclear or complex like ownership of royalties or business, an attorney is needed.
  • Taxes, Debts & Expenses: If you do not have enough money to cover the cost of transferred debts or taxes it’s very important to hire a lawyer.

To incorporate your business you need to file Articles of Incorporation.

While most owners can do this on their own, it is always smart to have a business lawyer look over the paperwork during the creation of your small business. Documents such as the company agreement/contract and the employee agreement are important to get right from the beginning to avoid any unwanted complications in the future.