How a Trust Administration in Arlington, Texas Can Protect Your Estate

The wealth you’ve earned in your lifetime can help your family to continue on without you after your death. A properly-drafted and administered trust can help protect your assets. With legal guidance from an estate attorney in Arlington, you can both design and administer your family’s trust in a way that benefits them the most. This can include irrevocable, revocable, marital, charitable, generation-skipping transfer, or grantor retained annuity trusts.

Trust Administration Laws in Texas

The laws concerning trust administration are found in the Texas Trust Code, the court decisions interpreting said trust law and in the trust instrument. This code allows trustees to administer trusts according to the terms of the trust document and the provisions of the law codes in the state of Texas. A trustee is a fiduciary, who is responsible for carrying out the wishes of the person who appointed them as such. Some of their responsibilities include:

  • Administering the trust in the interest of beneficiaries
  • Keep beneficiaries informed of the trust and any updates regarding it
  • Invest/manage trust assets as an investor (if applicable)
  • Take action to collect claims due to the estate

Ultimately, a trust in the state of Texas isn’t a legal entity. It is simply a relationship where a trustee acts as an agent for beneficiaries, whether income or remainder. Beneficiaries may ask the trustee for an accounting of the estate at any time. It is their duty to allow you to look at the books and to keep copies readily available. As you can see the process of trust administration is difficult, making it increasingly important to hire a legal professional to represent you and to guide you.

If you or a loved one need help with trust administration from a professional Arlington estate lawyer, call 817-261-5000 today to learn what they can do for you and your family.

johnlaw_admin Aug 30, 2018 Comments (0)

What is a Title Disputes Lawyer in Texas?

When your property rights come into dispute and something you’re entitled to has been taken from you, you need a title disputes lawyer in Texas who will represent your interests. Whether the dispute is about ownership or your rights to something else such as easements, John Hixson can help you. He helps litigate or negotiate title disputes for his Texas clients.

Ultimately, a title issue can stop a real estate transaction from completion. A clean title is the difference between a transaction going through or not. A title issue can stall a sale or purchase of a home or property indefinitely.

What types of disputes can a Title disputes lawyer help with?

Ultimately, determining who has the title to the real estate and the rights associated with the real estate according to Texas law can be difficult to understand. The history must be traced through land records and deeds/conveyances must be examined and interpreted properly.

A titles disputes lawyer can help with:

  • Easement disputes
  • Boundary disputes
  • Disputes over who the right to convey
  • Disputes over which property a deed actually conveys
  • Disputes over trust property conveyed by a trustee
  • Disputes over oil/gas titles

When it comes to real estate, the stakes can be high with litigation over titles. At John Hixson, we understand you need personal attention to your case for the best possible results. Because these issues require close attention to detail and understanding of the law, it is advisable to always hire a legal professional to help you with title disputes in and around Arlington, Texas.

If you or a loved one need legal advice from a title disputes lawyer in and around Arlington, Texas, call 817-261-5000 today.

johnlaw_admin Aug 23, 2018 Comments (0)

What is a Small Estate Affidavit in Arlington, Texas?

Small estate laws in Texas were created to enable heirs to obtain property of the deceased without the need for probate. They also can shorten required probate proceeds when certain conditions were met. Small estates can be administered quicker and cheaper too. If the deceased didn’t include everything in their trust, small estate laws may help. A professional estate lawyer in Texas can help determine what can be done with these issues following a loved one’s death.

How can a small estate affidavit help?

In Texas this small estate affidavit is executed by the spouse and/or the heirs of the deceased. It is presented to the holder of the property so as a bank in order to obtain the property. The main requirement in Texas to use an affidavit is that the value of the property does not exceed $10,000 USD. If it does, a summary administration is allowed. A summary administration is allowed for values of more than $10,000, but less than $20,000. A professional Arlington attorney can help you determine which legal document is required.

Texas law requires the filing of an affidavit within 30 days of the death of the decedent, that’s why it is so important to hire a professional attorney quick. After an affidavit is approved by the court, it can be used to collect debts owed to the decedent.

An affidavit must:

  • Be sworn to by two disinterested witnesses
  • Include all known estate assets and liabilities
  • Include the name/address of each distribute
  • Include any relevant fact concerning heirship that shows the distributee’s right to receive money or property.

If you or a loved one need help with small estate affidavit preparation from a wills & probate lawyer in Texas, call 817-261-5000 today.

johnlaw_admin Aug 16, 2018 Comments (0)

How an Arlington Real Estate Attorney Can Help Your Case

Any legal matters involve tenant and rental properties or real estate transactions can become lengthy and costly legal battles if they aren’t dealt with properly. With the help of a real estate attorney in Arlington, Texas, you can save money, negotiate the best deal, ensure that any issues with tenants are resolved well and can also make sure that there is a smooth transfer of property (if applicable).

How a Real Estate Attorney Helps Property Owners

This real estate attorney will have experience with real estate law and helping property owners in many ways including and not limited to:

  • Collecting for work performed
  • Helping with title issues
  • Preparing deeds to change the title of a property
  • Advice regarding real estate transactions
  • Preparation of contracts or other documents
  • Closing services
  • Document preparation or litigation to clear title to property
  • Preparation of wills and trusts to help with smooth transfer of property after death
  • Probate of a will to change the title of a property
  • Heirship proceeding (in no will situations) to change the title to property
  • Foreclosure services
  • Filing liens

Landlord Representation in Arlington, Texas

Finding an experienced eviction attorney is important as they’re experienced with evicting a tenant legally. With the help of law enforcement, tenants are evicted. The goal is to evict people without someone getting hurt or their belongings being damaged in any way. Hiring a lawyer in Arlington to handle an eviction will save you stress, time, and money. They can handle your legal affairs with ease and ensure that every law is followed during this difficult process.

If you or a loved one need help with a real estate matter in Arlington or the surrounding communities, call 817-261-5000 today.

johnlaw_admin Aug 09, 2018 Comments (0)

What is an Arlington Probate Attorney?

It’s hard to think about major life changes that may involved losing someone close to you. However, it’s smart to plan ahead for these situations before anything does occur. An experienced Arlington, Texas probate attorney can help make these transitions in life a little bit easier.

How Can a Probate Attorney Help You?

Some services that a probate attorney can help with include and are not limited to:

  • Trusts
  • Probate of wills
  • Preparation of Wills
  • Durable/medical power of attorney
  • Living wills
  • Affidavits of heirship
  • Small estate affidavits

Ultimately, the most common estate planning starts with preparing a will. Creating a will removes any question out of a person’s wishes to who should receive their assets after they die. Arlington families should take the proper time to prepare a will that makes these life situations a lot easier when they occur.

Families want protection when it comes to estates. With the help of a probate attorney around Arlington, Texas, a trust can ensure smooth transfer of assets after a person’s death within a legal framework that was prepared ahead of time. Power of attorneys are important (and the preparation of these documents) as it takes the guesswork out of who should make healthcare-related decisions on the person’s behalf when they cannot.

In order for an estate to go through probate, a will must be set forth. It can be a time-consuming activity, however, with the help of an experienced probate attorney, the situation can be less stressful. Professional wills, power of attorneys or trusts will streamline the probate process for a family. Leaving no will or a poorly-prepared one will be costly and time consuming for your family.

If you or a loved one need help with a probate law matter in Arlington or the surrounding communities, call 817-261-5000 today.

johnlaw_admin Aug 02, 2018 Comments (0)

Who Can Prepare a Preparation of Deeds in Arlington, Texas Legally?

A real estate deed transfers the ownership and/or title of a property from one party to another. It contains a legal description of the property and identifies who the buyer and the seller are. A real estate lawyer can draft this legal document easily. This written document is only one of the documents that are used in a majority of real property transactions.

What Does the Preparation of Deeds Contain?

Most sellers use an attorney in the preparation of a deed in Texas to make sure that all the requirements of a valid deed are satisfied. There are several reasons why this is important. First of all, it ensures that the real estate deed is correct and precise to avoid any uncertainties in the future regarding the title of the land.

Also, a real estate attorney in Arlington can include right of survivorship in the preparation of deeds, which means that if one owner of the property is deceased then his shares passes to the co-owner automatically. This is a great choice for married couples who want this automatic transfer without the need for probate of a will.

In Texas, there are five requirements in order for a deed to be valid. These include:

  • Must be in writing;
  • Be signed by the seller;
  • Include the buyer’s name;
  • Be delivered to and accepted by the buyer
  • Contain the legal description of the property

Only a licensed real estate attorney in Arlington, Texas can prepare and execute this type of deed. John Hixson and his legal team are well versed in assisting clients in navigating the process of buying or selling real estate, financing transactions, and negotiating leases. If you or a loved one need help with preparation of deeds, call 817-261-5000 to speak to a professional real estate lawyer in Arlington, Texas today.

johnlaw_admin Jul 26, 2018 Comments (0)

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:

  • The lien must be recorded with the land recorded and appear on the title search of the property
  • After the lien is placed, contract provisions put one party in breach, which creates pressure to resolve claims quickly.
  • This lien allows you to file suit against many parties
  • It sets a firm payment deadline in place
  • If they don’t pay, the lien allows for the property to be sold at auction to fulfill the unpaid debt
  • 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.

  • 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.
  • 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.
  • 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)

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