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)

How is Child Support Determined in Arlington, Texas?

When it comes to divorce and child support situations, emotions run rampant. With the help of a child support attorney, you can work through these legal situations easier. Unless there is a pre-nuptial agreement in place, both alimony and child support can lead to lengthy court battles.

What Determines Child Support?

The court will want to look at all financial records, verify assets, and determine what each person brought to the marriage as well as each person’s earning potential in the future. If you weren’t married and are seeking child support, the same stipulations come into play. The more prepared a party is and the more documentation they bring to court, the less likely the child support proceedings will go on for too long.

In the state of Texas, child support law states that the non-custodial parent pays child support. This means the parent who has physical custody receives said support to spend money directly on the child when they are together. State law also says that both parents are responsible for supporting the children, which means that both parents have a financial commitment to support their kids.

A family law attorney in Texas also can help individuals to find parents who have gone missing in action in order to get child support from them. In cases of noncustodial parents and locating them, the Office of the Attorney General will need their social security number and date of birth, names/addresses of their relatives or friends, and names of bank or creditors.

Do you or a loved one need help with child support in or around the surrounding communities of Arlington, Texas? If so, call 817-261-5000 today in order to talk to a family law attorney that can help you begin the legal process.

johnlaw_admin May 10, 2018 Comments (0)

What a Child Custody Lawyer in Arlington, Texas Does

Among the issues of divorce or even just breakups of unwed parents, child custody comes into play. This can create tension and stress for both parties. For many divorcing couples, this remains a central issue within their legal fight. Courts will many times award primary custody to one parent while considering the best interests of the child or children, although both parents will want to have ongoing, frequent contact with their children. A child custody lawyer can help streamline this legal process for divorcing families. John Hixson can help represent your interests in court and help you through this stressful time.

Benefits of Hiring a Child Custody Lawyer

An Arlington child custody lawyer is experienced with removing emotion from situations and dealing with child custody issues in Texas. Presenting a fact-based argument is important to give you a fighting chance in terms of child custody. Other topics such as medical care, schooling and schedules will be discussed during this legal proceeding too.

There are two types of conservatorship in Texas: joint managing and sole managing. JMC is where both parties share the rights and duties of a parent for their children. However, even in this situation, one parent has the exclusive right to certain decisions for the children. The judge will specify which responsibilities each parent has. Sole managing conservatorship means that one parent has the legal right to make decisions regarding a child or children. This can include:

  • Where they live,
  • Consenting to medical, dental, psychiatric or psychological treatment,
  • Receiving child support,
  • Making decisions regarding education.

Visitation rights including duration and frequency are one important issue that a child custody lawyer is well versed in dealing with. Finding a lawyer that has a track record and reputation for trying to strike a balance is important. Doing what’s best for your children while using a fair and balanced parenting plan is key. By taking time to secure meaningful time for both parents, you can guarantee your children get the time they want and need with their family despite this divorce.

If you or a loved one need help with child custody problems, call 817-261-5000 today to speak with a professional child custody lawyer.

johnlaw_admin May 03, 2018 Comments (0)

Tips on Avoiding Probate in Arlington, Texas

Probate court proceedings can be costly, long, and stressful. Taking the time to take steps to spare your family this hassle will lead to an easier grieving process for them. In Texas, living trust laws allow you to make a living trust for every asset you own. You will need to create a trust document, similar to that of a will, which names someone as your successor trustee after your death. Next, you must transfer ownership of your property to yourself as the trustee of your trust. When that is done, your property is controlled by the trust. At your death, the successor trustee can transfer it to trust beneficiaries without the need for court. A wills & probate attorney in Texas can help you successfully achieve this goal.

Avoiding Probate With Ease

If you own property with someone, known as joint ownership, the surviving owner automatically owns the property. No probate is needed for this transfer of property so it isn’t necessary to include it in a trust. In a trust, you can also add a payable-on-death feature to bank accounts, which allows your beneficiary to claim the money from the bank without the need for court too.

As of 2015, the state of Texas allows you to leave real estate with transfer-on-death deeds. These deeds are also called beneficiary deeds, which allows you to revoke the deed or sell the property at any time. The beneficiary that you name in your trust has no rights until your death.

Planning for your death is a great way to help your family to get through this difficult time. By hiring a professional wills & probate attorney in Arlington, you can ensure that they are protected and no court proceedings will be required for your trust. If you or a loved one need help with will preparation or trust preparation from a wills & probate lawyer in Texas, call 817-261-5000 today.

johnlaw_admin Apr 26, 2018 Comments (0)

What is an Affidavit of Heirship in Arlington?

If a person dies without a will in Arlington, Texas and title to his or her property doesn’t include joint tenancy, then issues will arise with distribution of the deceased’s belongings. This property is known as heirship property. Probate proceedings in county court are generally required in order to appoint a personal representative of the estate and for a judgment of heirship to be made. A Texas probate lawyer from Hixson Law Firm can help remedy these issues during your difficult time.

When Do I Need an Affidavit of Heirship?

An Affidavit of Heirship in Texas is even sometimes used if the decedent had a will, as that it is merely stating their intent. This legal document must be signed by a related person to the deceased alongside two witnesses. The affidavit of heirship will spell out who the legal heirs to the property are, what the property is exactly and who gains ownership of said property. A full list of the property owned is included and detailed with what property is designated to who. For land, this affects title deeds. This affidavit also helps transfer ownership to heirs in lieu of a deed transfer.

An affidavit of heirship is filed with the county clerk. It then must be approved by a probate court. If the decedent left a will and it was in the process of probate, it must be presented for approval so that the probate process can finish. If real estate was being transferred in this document, it must be filed with the county recorder’s office in the county where the land is.

If you or a loved one need help with drafting an affidavit of heirship in Arlington from a wills & probate lawyer in Arlington, Texas, call 817-261-5000 today.

johnlaw_admin Apr 19, 2018 Comments (0)

Don’t Hesitate to Hire an Arlington Adoption Attorney Today

The adoption process in and outside of Texas can be complicated. This makes it important to consider hiring an experienced adoption attorney in Arlington, Texas to guide you through this journey. If all aspects of an adoption are not handled legally, it could result in the adoption being deemed invalid. An experienced lawyer can help avoid that pain and suffering.

Understanding How an Adoption Attorney Can Help Your Family

An adoption attorney in Arlington, Texas is responsible for following all stipulations set forth in the state of Texas. Texas adoption laws allow just about any adult to adopt a child (unless the child is 12 years old or older where their consent is required). If the petitioner for adoption is married, their spouse must joint unless one is the parent of the child.

In order to begin the adoption process, the child’s birth parents must give up their parental rights voluntarily by signing a legal document that relinquishes their legal rights with the child. If any conflicts arise between the biological or adoptive parents, an adoption attorney in Texas can step in and enforce the policies set forth in the arrangement. With an adoption lawyer, you can receive assistance with:

  • Avoiding illegal adoption traps
  • Interpreting adoption laws in the states/countries involved
  • Understanding the home study process
  • Working with organizations (if applicable) throughout your adoption

An experienced legal team will have the extensive knowledge of adoption law needed to ensure success for their clients. If you or a loved one require the services of an adoption attorney or have questions regarding the adoption process in Texas, call 817-261-5000 today to speak to a professional lawyer in Arlington, Texas.

johnlaw_admin Apr 12, 2018 Comments (0)

What Does The Administration of Estate In Texas Include?

Texas estate administration is when the decedent’s assets are collected, their debts settled, and their assets distributed to their heirs (if no wills) or beneficiaries (if there’s a will). Regardless whether someone had a will or not, the estate will need to be administrated, no matter their size. A professional Texas lawyer has experience with these cases and can help the process to be as stress-free as possible.

What are the laws associated with the administration of estate in Texas?

If the person had a will, the person who handles the estate is known as an executor, if they didn’t, they are known as the administration. Texas estate administration laws require this process to be completed this way:

  • The executor/administrator must collect all assets
  • The executor/administrator must pay/settle claims against the estate
  • The executor/administrator must pay all taxes with these assets
  • The executor/administrator must distribute the estate to the appropriate parties

Please note that if the decedent died intestate, the executor/administrator must petition the court to determine their heirs.

If the deceased had a will, it needs to be probated by the court, meaning the validity of the will is determined. This should happen within four years from the date of the decedent’s death. A will must follow these requirements:

  • Must be signed by another person at his or her direction
  • The will must be witnessed by two witnesses over the age of 14 that aren’t included in the will.

The way that assets are distributed depends on whether the decedent was married or not. For individuals who died without a will and have less than $50,000 in property, a small estate affidavit may be used in lieu of probate.

If you or a loved one need help with settling an estate in Arlington from a Texas lawyer, call 817-261-5000 today for professional legal help.

johnlaw_admin Apr 05, 2018 Comments (0)

The Importance of Having a Will

A will is a “bread and butter” document that states how someone’s property will be divided after their death. It is the core document that is pretty much universal to any estate planning process.

However, surveys show that only as few as one-third of Americans have a properly executed will in place. There are a few assumptions driving this, most of which are false.

People assume that creating a will is a long an onerous process. But the fact is that unless you have a very large and complicated estate, preparing a will in Arlington is relatively simple and can be accomplished in as little as one to two weeks in many cases.

Another assumption is that people think working with an attorney to create a will is expensive. The truth is, what is expensive is not having a will in place. Without a will, the courts will decide how your assets may be divided, and your loved ones could rack up legal bills as well as not attain assets that they would otherwise be entitled to.

The Benefits of Wills

Executing a will provides you and your surviving heirs with a number of benefits.

First and foremost, you get to decide who will get the property and other assets in your estate. Without a will, your estate is subject to “intestacy” which means those decisions will be made without your input and the bulk of your estate could go to others you do not want.

With a will, you get to choose who will be the executor of your estate. This person should be somebody you trust to make sure all of your instructions are carried out. Without a will, the courts will choose an executor for you, and it may not be someone you want to have control of your assets.

You can amend or revoke a will. If your circumstances change, you can amend your will through a codicil to better reflect your most current wishes. If a will no longer represents any of your wishes, you can also revoke it entirely and start over.

Although there are several do-it-yourself forms and websites that allow you to create a will, it is still smart to invest a relatively small amount of money by hiring a lawyer to protect your family as much as possible. Just like other family financial issues, a will is an investment in your future, and making that small investment now will pay handsome dividends in the future.

The Hixson Law Firm serves clients in Mansfield, Arlington, Grand Prairie and other nearby Texas communities.

johnlaw_admin Mar 28, 2018 Comments (0)

Dealing with Title Disputes in Mansfield, Texas

Although record keeping has improved significantly with the advent of technology, there are still many instances that a real estate transaction can be delayed or derailed due to a title dispute. Especially in the older parts of Mansfield where title and boundary lines were recorded a long time ago, title disputes take place on a regular basis.

Although title insurance can protect the title to a property and reduce an owner’s risk, an owner can still be at risk for a variety of ownership rights. These can include:

  • Boundaries and easements
  • Liens
  • Adverse possession
  • Restrictive covenants
  • Title reformation actions
  • Mechanic’s liens
  • Quiet title
  • Zoning disputes

Mistakes also can happen, such as when clerical or filing errors take place. These can definitely affect your deed or survey as well. Another less common problem, but one that still occurs, is forgery or false impersonation of a previous owner which can create chaos when it is discovered.

Also, when a person dies and ownership falls to their heirs, sometimes one or more of those heirs may not be able to be located. When this happens, the title may fall into dispute as the remaining family members may contest the will for their own property rights. These types of disputes can happen long after another person has purchased the property and could affect the current owner’s rights to the property.

The Best Way to Resolve Title Disputes

Because real estate law is complex, you will need to retain an experienced real estate law attorney to represent you. The best way to resolve a title dispute is to attempt to negotiate a solution to avoid a costly court battle that will also take a lot longer to settle. However, if your attorney can reach an amicable settlement, you and they should be prepared to go to court to litigate through your issue.

The Hixson Law Firm serves clients in Mansfield, Arlington, Grand Prairie and other nearby Texas communities.

johnlaw_admin Mar 21, 2018 Comments (0)

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