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)

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)

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)

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)

An Experienced Attorney Can Help You with Many Facets of Real Estate Law

By the very nature and size of a typical transaction, buying and selling real estate can be a complicated process. It has become even more so in recent years, as additional steps and processes have been added to protect consumers.

Although the vast majority of real estate deals move forward in a logical way and are completed with few surprises, there is always the possibility that a dispute will arise. Rather than take the chance that a deal could end up costing you dearly, it makes sense in so many ways to hire an experienced real estate attorney to help you with any number of issues related to real estate law.

Protecting Yourself in All Aspects of a Transaction

There are many “hot spots” in a real estate transaction that can trigger the need for legal representation. Some of those include:

Title disputes. Although record keeping has improved significantly in recent years, at times the ownership of a piece of property can come into question. Until a clear title has been established, it is impossible to complete a transaction.

Broker and agent disputes. When a realtor or broker fails to live up to the high standards of ethical conduct expected of them, a client may suffer a loss as a result. This may involve breaching their fiduciary duty, creating an undue pressure to buy, or failing to reveal errors and omissions.

Foreclosures. Attorneys are often called upon to handle the details of foreclosure on a property. Acting as an intermediary can have many benefits for a bank or a lender, as well as protecting the rights of a property owner from unscrupulous banking processes.

Land use disputes. When developers or homeowners fail to follow zoning or other use restrictions, litigation may ensue. An attorney seasoned in real estate law in Mansfield can also assist homeowners with HOA issues, conflicts between neighbors, easements, or boundary and nuisance problems.

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

johnlaw_admin Mar 14, 2018 Comments (0)

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