What is an Arlington Power Of Attorney?

When you take the time to decide upon a power of attorney, you’re helping to ensure that decisions regarding your or someone’s health and finances are handled if an emergency occurs. Two of the most common issues for a durable power of attorney are related to healthcare and finances. An Arlington power of attorney can help you to draft these important legal documents.

How a Power of Attorney Can Help You and Your Family

A financial power of attorney in Texas is a legal document that grants your chosen representative the legal authority to act on your behalf in terms of finances. The official title given to them will depend on the state you live in. In Texas, they are called an agent or attorney at fact. This entitles this person to act in your best interests.

The power of attorney must be signed, witnessed, and notarized by the individual being designated as the agent. The power of attorney typically comes into play with divorce, death, or revocation.

In terms of a healthcare power of attorney, this individual makes medical decisions for you in case of emergencies. The durable power of attorney must be 18 years or older and competent to create a document as well as the individual who is creating the document.  They take over for you if a medical professional dictates that you lack the capacity to make your own health decisions.

With the help of an Arlington power of attorney lawyer, you can create a legal document easily. They can simplify the process and answer any questions you may have about the document. If you or a loved one needs help with power of attorney issues, call 817-261-5000 to speak to a professional attorney in Arlington, Texas today.

johnlaw_admin Jul 19, 2018 Comments (0)

How Mechanic’s Liens Affidavits Can Help You in Texas

When you’re in the construction industry and provide materials, equipment, labor or services to a property, then you have the right to be paid on time. The most powerful tool for achieving this is by filing a mechanic’s lien against the property. This can create problems for the property, the construction project lender and property owner if they don’t pay you. However, there are several specific requirements of the state of Texas that must be followed and an attorney can help you to ensure the lien is filed properly.

Requirements with Mechanic’s Liens Affidavits in and around Arlington

When it comes to filing mechanic’s liens affidavits, you will have to follow many requirements in conjunction with Texas construction law:

  1. The lien must be recorded with the land recorded and appear on the title search of the property
  2. After the lien is placed, contract provisions put one party in breach, which creates pressure to resolve claims quickly.
  3. This lien allows you to file suit against many parties
  4. It sets a firm payment deadline in place
  5. If they don’t pay, the lien allows for the property to be sold at auction to fulfill the unpaid debt
  6. They are considered secured debt in bankruptcy and put the claimant at the top list to be paid

An experienced attorney can help assist you. As a contractor, your cash flow is your livelihood. You have every right to expect prompt payment that is on time in terms of the payment schedule. John Hixson will fight for your share of the proceeds of a project. These mechanic’s liens must be filed in a timely manner.

If you or a loved one need help from a construction lawyer in Arlington who understands mechanic lien affidavits, call 817-261-5000 today.

johnlaw_admin Jul 12, 2018 Comments (0)

What Does Landlord Representation Consist of in Arlington, Texas?

At Hixson Law Firm, we have years of experience representing landlords and tenants in a lease and other related disputes. We can help remedy situations to avoid litigation. We are familiar with the needs of our clients. We can help create and draft commercial lease agreements and verify that the requirements of the state are met too.

How can an attorney help with landlord representation?

Some instances that an attorney may help with landlord representation in Texas include:

  • Eviction for all grounds including nonpayment of rent
  • Violation of lease agreements, i.e. pet violations
  • Title issues
  • Premises liability i.e. slip and fall accidents
  • Early termination due to breaking conditions of a signed lease
  • Rent recovery
  • Condemnation
  • Tenant Right of First Refusal
  • Disputed Lease terms

John Hixson has firsthand knowledge of landlord-tenant law in Texas and how issues develop. He can help clients to find resolution with a variety of disputes (including and not limited to those mentioned above).

Payment of rent is a contractual obligation of a lease. If someone is behind on their rent payments then they are in default of a lease. The only time they are legally allowed to withhold rent is for their right to repair and deduct. For instance, if you as a landlord, fail to fix something in their place such as heating or cooling or a water heater. Rent collection, evictions and other disputes are all matters that an Arlington, Texas lawyer can help with.

If you or a loved one need landlord representation from a professional Texas attorney, call 817-261-5000 today for professional advice.

johnlaw_admin Jul 05, 2018 Comments (0)

How an Arlington Texas Attorney Assists With Inheritance Disputes

Inheritance disputes can happen in any family. With the help of a professional Texas attorney who is well versed in these issues, they can be resolved freely and quickly. This legal professional will take the time to explain to all parties the will or trust and the requirements set forth by the beneficiary in order to help resolve the situation as successfully as possible.

What are some causes of inheritance disputes?

There are three main causes of inheritance disputes.

  1. Failure of Intentionality: This means that someone was left out by accident. These mistakes can happen when planning wasn’t well thought out or a dispute happened at some point that prevented the beneficiary from adding the individual in the first place.
  2. Wrongful acts during or after their lifetime: This means that the beneficiary learned of something during their lifetime that they didn’t like. For instance, they thought they had stolen from them.
  3. Perceived Inequity: This means that people that are included feel they have been shortchanged. For instance, one individual borrowed money from the beneficiaries, but later is granted the same share as their other siblings without paying back the loan.

In order to resolve these issues, you most likely will need to go to court. A professional probate lawyer can help facilitate this process. Evidence will need to be gathered to provide support for any dispute related to the inheritance for changes to occur. Meditation may be able to resolve the issue too. For smaller disputes, this is recommended.

Ultimately, the best way to deal with inheritance disputes is to make sure they don’t happen. Proper estate planning ensures exactly that. If you or a loved one need help with inheritance disputes from a professional attorney in or around Arlington, call 817-261-5000 today.

johnlaw_admin Jun 28, 2018 Comments (0)

What a Family Law Attorney in Arlington, Texas Can Do For You

When it comes to a family, there are many instances where you may need the help of a family law attorney in Arlington, Texas. Family law matters are some of the most difficult to deal with as they are personal and carry a lot of emotions. Many families believe they can resolve issues on their own. However, a family law attorney is experienced in these types of matters and can provide appropriate guidance.

What Cases Can a Family Attorney Take on?

Some examples of cases that a family attorney can help with include:

  • Modifications of custody/child support
  • Adoptions
  • Divorces
  • Name changes
  • Elder Law
  • Estate Planning
  • Wills / Probate of Wills

A lawyer can add value to your side, especially in a divorce. This is because they can protect you throughout the divorce process of splitting assets and determine who gets what. They can separate emotion from the process and serve as a trained negotiator or mediator. A Texas family law lawyer will help you to find a compromise. They can provide insight that helps make issues with alimony or child support a bit easier. During these life-changing situations, you will want to hire the best representation possible in and around Arlington so that you can get the best outcome.

When looking to hire a family law attorney, you will have a confidential consultation with an experienced member of their legal team. They will discuss all details of your case with you to determine if they feel qualified to help you. If you or a loved one need help with a family law matter in Arlington or the surrounding communities, call 817-261-5000 today.

johnlaw_admin Jun 21, 2018 Comments (0)

Get Professional Eviction Services When You Need Them Most From an Arlington Attorney

Having a professional on your side when you’re evicting one of your tenants will help protect you. An Arlington lawyer can help ensure that everything that is done to evict someone follows eviction law in Texas to a tee.

What Do Eviction Services Entail?

An eviction is a lawsuit that is filed by a landlord in order to remove persons and their belongings from their property. In Texas, this begins with giving a notice to the tenant. Most often, this is due to nonpayment of rent or if someone is staying past the agreed lease term. Eviction services from a professional Arlington, Texas lawyer ensures that you are not in violation of the Fair Housing Law before these papers are set forth.

When a tenant refuses to move after receiving this notice, the landlord must file an eviction case. They must prove that the tenant has violated their lease or has not removed themselves after they have failed to renew a lease. During an eviction hearing, a professional real estate attorney will represent you, the landlord, to ensure your rights are protected at all times. As a landlord, you must follow strict guidelines and a professional will help you to follow those laws to ensure you are executing a legal eviction.

What will result from an eviction case?

An eviction case will result in three things:

  • The tenant agrees to move out
  • They appeal the eviction (they have five days to do so)
  • They don’t even show up at court and you win

If they do not arrive, the landlord will have to request a Writ of Possession so that the constable or sheriff gives the landlord possession of the unit. This allows them to remove their belongings from the unit and to rent it out to another tenant. It gives the tenant the right to reside or go into the premises at any time.

If you or a loved one need help with eviction services from a real estate lawyer in Texas, call 817-261-5000 today.

johnlaw_admin Jun 14, 2018 Comments (0)

Hire an Arlington, Texas Divorce Attorney For Your Divorce Proceedings

A difficult divorce can tear families apart due to highly-charged emotions associated with this life change. A divorce can lead to poor decision-making and can impact one or both spouses financially. A divorce attorney in Arlington, Texas can sort out of the details of your divorce easily. An experienced divorce attorney such as John Hixson can help make a stressful life situation a little bit easier.

Why a Divorce Attorney is the Best Choice For You

Some of the most difficult topics associated with a divorce are child support, spousal support, and child custody. Divorce law in Texas requires a 60-day waiting period after the suit is filed. No fault grounds are associated with at least a three-year separate period or if the marriage is insupportable due to discord. Some grounds for divorce in and around Arlington that a divorce attorney can help you with include:

  • Adultery
  • Conviction of a felony
  • Abandonment
  • Cruelty
  • Living apart (legally separated)
  • Confinement in a mental hospital

Handling Child Custody/Support and Spousal Support

In terms of finances, there are some laws that both govern and regulate how much child support and/or spousal support are due on a parent. It is important to hire an attorney to make sure that your interests are protected throughout this process.

Ultimately, when you’re going through a divorce, it can be hard to think clearly. With the help of a divorce attorney that helps individuals in and around Arlington, Texas, including Grand Prairie and Mansfield. John Hixson can ensure you have a reliable family law attorney representing you in court. With experience in a variety of situations, he can ensure that your rights are protected and that the situation is resolved in a satisfactory manner.

If you or a loved one need help with a divorce in Arlington or the surrounding communities, call 817-261-5000 today to speak to a professional divorce attorney.

johnlaw_admin Jun 07, 2018 Comments (0)

Understanding a Directive to Physicians in Arlington

A directive to physicians is created to help you to communicate your wishes about medical treatment any time in the future. This is regardless of whether or not you are able to make your own decisions. It is encouraged that you discuss these matters with your family so they understand your wishes when situations arise where this legal document will be used.

On top of this directive to physicians, a lawyer can also help you to choose a medical power of attorney and/or out-of-hospital do-not-resuscitate order (if applicable).

Directive to Physicians Requirements in Texas

According to Texas law, an individual must be 18 years of age, of sound mind and acting on their own free will to sign a directive to physicians concerning their care. They must be in the presence of two qualified witnesses. Texas does not require this legal document to be notarized. This directive instructs your physicians to not use artificial methods in order to extend the dying process. After signing this document, your physician must be notified and the document must be added to your medical record.

In terms of the witnesses, at least one of them cannot be related to you by marriage or blood, have a claim on your estate, be your physician, or be employed by them. This document only becomes effective when you become a qualified patient, meaning you have an irreversible or terminal condition that has been diagnosed and certified in writing. You may revoke the directive at any time, even in the final stages of your illness. If you revoke it, you must notify your physician immediately. Directive to physicians can be created at any time for minors by their parents or guardians

If you or a loved one need help with preparing a directive to physicians document from a wills & probate lawyer in Arlington, Texas, call 817-261-5000 today.

johnlaw_admin May 31, 2018 Comments (0)

How an Arlington Construction Disputes Attorney Can Help You Today

Ultimately, when it comes to the construction industry, disputes can be both costly and damaging. With the appropriate drafting of construction contracts, these disputes can be prevented or at least minimized. With the help of a construction disputes attorney in Texas, you can protect yourself in the best way possible.

What type of claims can an Arlington Construction Disputes Attorney assist with?

First, delay and labor impact claims are perhaps one of the worst things that can occur for a construction project. This can hurt the owner because it threatens anticipated revenue from the project as well as the owner’s standing with the lender. For contractors or subcontractors, this can lead to increased material/equipment costs or overhead in general. A construction disputes attorney has experience working with scheduling experts to analyze schedules to ensure they are realistic.

In terms of quality of work claims, a frequent dispute is because of the quality of labor. The issue argued is if standards of quality were met. Next, payment claims can arise if nonpayment occurs. Bond and Lien claims also can result in construction disputes. The requirements in Texas are complex and there are requirements and filing deadlines associated with these claims. With the help of John Hixson and his experience, you can get the help you need to be defended in court.

Some other construction dispute claims may include:

  • Public bidding
  • Project support/consulting
  • Mechanic’s liens
  • Change orders/extra work claims
  • Insurance coverage
  • Mediation / Arbitration

Ultimately, finding a construction disputes attorney that understands Texas construction law is key. If you or a loved one need help with construction disputes from a construction disputes attorney in or around Arlington, call 817-261-5000 today.

johnlaw_admin May 24, 2018 Comments (0)

What Does a Collections Attorney in Arlington, Texas Do?

A collections attorney represents both creditors and debtors. They can help come up with strategies to get back money that was loaned out or to protect someone from creditors. They handle all of the tedious paperwork associated with representing you in court. A debt collections attorney can help you to determine the best course of action in order to get your money back or to arrange a payment plan that works for you to pay back your debt.

Benefits of Hiring a Collections Attorney

Some signs that you may need to hire an experienced collections attorney include:

  • Inability to pay loans back
  • Threat of a lawsuit from one of your creditors
  • Creditors calling you incessantly
  • Being treated unfairly from creditors

A collections attorney understands the laws associated with debt collection in Texas. The Texas Debt Collection Act prohibits any use of abusive and/or fraudulent tactics by either individuals or corporations to obtain payment on outstanding debts. Harassment or fraud is prohibited too. It is illegal for any debt collection to collect more than the amount agreed on. If you dispute an item in the file a collector has on you, you must give a debt collector written notice. A collections attorney can help with any and all of these situations easily.

Your collections attorney will help you to get a plan in place that is negotiated with both parties and agreed upon. They will be your best defense from being taken advantage of and/or harassed about your debt again in the future. Their goal is to settle matters so that no future issues arise regarding said debt or collection of debt.

If you or a loved one need help with debt collections issues today, call 817-261-5000 to speak to a professional collections attorney in Arlington, Texas today.

johnlaw_admin May 17, 2018 Comments (0)
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