Joe had lived in his Arlington neighborhood since he was a child. He had seen people come, and go over the years and watched as his community aged and changed. He was extremely content that he now lived in the home that once belonged to his parents, and he planned on living there for the rest of his life. One day, his neighbor moved out, and a new neighbor moved in. Everything was fine as far as Joe was concerned, as they were a young, friendly couple with a newborn baby in tow. They got to know one another and life was good.
However, that would change for both of them the day the neighbors came over and requested that Joe removes the fence separating a patch of grass that split both of their driveways. The husband was interested in renovating the driveway and extending the surface area out to what he claimed was his portion of the land that was there. Joe found this to be absurd since the fence not only split the patch evenly down the middle but more so because it was a fence with sentimental value – he and his father had built and painted it several years back. He was not so convinced to allow his new neighbor to go through with his project, and they both soon found themselves embroiled in a title dispute.
Joe made a quick and efficient decision: he hired himself a qualified and experienced dirt attorney. In the real estate industry, dirt lawyers is the name given to lawyers who obtain government approvals and deal with land use. At the Hixson Law Firm, we can get down to the details and use information from the deed, property survey, county recorder’s office, and assessor’s office to determine the fine details of who owns what parts of a property. If you need a title disputes attorney in Arlington, TX, then contact us today!
Mary and Tom have been saving up for several years to purchase the home of their dreams. They have recently come across a few areas that have the types of homes and communities that they would love to integrate themselves and their future family into. However, now that the time has come to open up their search, they find that they are a bit reluctant. They have several friends and family members who are openly supportive of their decision to jump into home-buying, but not without being hesitant to refer any real estate agents. Mary and Tom did not understand why they weren’t getting recommendations, but the reason soon became apparent.
While there are plenty of great real estate agents who love helping people find and purchase (or sell) their dream homes, there are times when agents are under-qualified or partake in dubious practices. This is, after all, a lot of money that goes through on these transactions, emotions run high, and the potential for exploitation does exist. While friends and family might have been reluctant to recommend real estate agents, they did recommend seeking the help of a real estate lawyer in Arlington that could help ensure that all the ins and outs of the real estate process were clear, defined, and legitimate.
If you are planning on buying a home in the great city of Arlington, Texas, then you are already on your way to making one of the best decisions you could make in your life! To ensure that this enormous step of purchasing a home (in one of the state’s finest cities!) is done correctly and securely, you should enlist the guidance of a qualified and experienced real estate lawyer.
The Hixson Law Firm has a proud history of helping clients settle all sorts of issues revolving around the topic of real estate, from the preparation of the deeds to litigation to remove the title to real property and other probate matters. Our services are available throughout Texas, including Arlington, Grand Prairie, and Mansfield.
A wealthy resident recently left her family of 25 behind. She had multiple children and grandchildren who all looked up to her and treated one another relatively well. However, when the grief of her passing had settled, and the family moved into probate proceedings, something changed. They found that they were constantly bickering and trying to argue over who deserved more or less of their beloved grandmother’s estate. For a lack of better words, it tore their family apart. A probate lawyer stepped in and helped resolve the matter, which came as a great relief in the end because an otherwise loving and connected family could have crumbled at the crevices that were starting to form around this probate issue.
The city of Arlington, Texas, is like all other cities in this great nation and around the world. Eventually, at some point, all of the residents reach the end of their lives and families are left with not only grieving but resolving the matter of who receives the property and settles the estate of the deceased. For issues such as these, probate lawyers step in and serve as legal representatives who can help bring closure as disputes about inheritors and inheritances may cause more sorrow.
Probate lawyers help people arrange, draft and confirm their wills to prevent families from having to tackle an uphill battle once they move on. They also help set up powers of attorney, trusts, affidavits of heirship, and much more. The main takeaway, however, is that they will offer a rock of support to help contextualize the ins and outs of pending disputes over heirship or inheritance, and allow you the peace of mind to accurately define and close out these types of matters.
At the Hixson Law Firm, we specialize in helping families either prepare or respond to the ever-untimely circumstances that orbit around a death. As a probate lawyer in Arlington, TX, you will also find our services available in Grand Prairie and Mansfield.
Civil litigation is not a term that is familiar to everyone, although it is simple enough to understand. Civil litigation is defined as a legal dispute between two parties where no criminal sanctions exist. There are also several stages of civil litigation that every person should know.
The first stage is the pleading stage. This consists of filing a complaint against someone for some kind of wrongdoing that is not criminal. It is up to the court to decide whether the claim is substantial enough to proceed further. Defendants will usually file a motion in an attempt to dismiss the case, but that decision is ultimately in the hands of the court.
The following stage is the discovery stage. It is just as it sounds. It is a process of discovering evidence to prove each side’s case. Either side can ask questions through depositions or interrogatories.
After the discovery stage, defendants will usually file a motion for a summary judgment. That makes the claim that the plaintiff does not have sufficient enough evidence to continue with the lawsuit. If the court rules on the side of the defendant, then the lawsuit is finished. If the court does not rule in favor of the defendant, then it is on to a trial.
Most times, both parties are sent to an arbitration hearing where a mediator will attempt to work out a deal between the two parties before having to appear in court. This can also be referred to as a settlement conference. If the two sides cannot agree, a court date is set and then it is off to a trial.
The time frame between filing a complaint and going to an actual trial could wind up being a rather lengthy one. Since criminal lawsuits rank higher in priority than civil lawsuits, there could be a lot of waiting involved.
Once the trial process has concluded, there is always the option to appeal the ruling. That could drag the lawsuit out even longer.
Each stage of civil litigation could be filled with quite a few complexities that the average person may not understand. That’s why it’s important to have an experienced litigation attorney working for you. John A. Hixson, Attorney at Law is proud to continue to serve residents of Arlington, Mansfield and Grand Prairie in all kinds of litigation cases.
This past year has introduced a new change that affects probate law in the state of Texas. Elderly residents often find themselves in need of someone else to take charge of their affairs. In the event that they become incapacitated or incompetent.
It seems simple enough. When a person can longer take care of their own affairs, someone else steps in and takes over. That is where power of attorney comes into play.
However, a new law has changed things.
Texas’ new Statutory Power of Attorney form differs from the previous way power of attorney was handled in the state. Now, principals have to initial where each of their powers are to be granted to the person they are entrusting with their affairs, also known as an agent. This form also starts with a written warning to the principal that they need to choose an agent they deem trustworthy.
Furthermore, there is a choice of when the power of attorney can go into effect. It could be immediate or it could be delayed until the principal’s future incapacity. There is also a closing section which further attempts to protect the principal.
At the conclusion of this new form, the agent claims personal liability and responsibility to act in the best interest of the principal. Nevertheless, the principal has to have the capability of initialing this kind of form. Without that capability, it is invalid.
It is just one more way of helping to make sure elders’ assets and best interests are protected. It is also somewhat monumental because it has been almost two decades since any changes were made with Texas’ statutory power of attorney. The last changes made came in 1997.
Statutory Power of Attorney could be a complex issue when dealing with the preparation of wills or probate. Any estate planning could always be a slippery slope, and that’s why it is important to seek assistance from a trusted professional.
Hixson Law Firm can walk clients through this process and make sure all your rights are protected. Preparation and probate of wills, trusts, and affidavits of heirship are just some of the areas our attorneys can help you. Arlington, Grand Prairie and Mansfield residents now have a real solution with real lawyers who are ready to work for you.
Title disputes are not a frequently talked-about topic in everyday conversations. Still, they happen more than people might believe in the state of Texas. There are plenty of reasons that can cause a title dispute.
A significant amount of local property records have not been transferred to computers. The records remain on paper, some of which date back even hundreds of years. This sometimes makes it difficult to decipher where actual property boundaries exist. However, the main reason for title disputes is not poor record-keeping. The main reason is lost or misfiled titles.
Fraud is another common reason for title disputes. There are cases where individuals will attempt to sell a piece of land to more than one person. There are other instances when individuals will attempt to sell land they do not even own.
Moreover, real estate transactions can be stopped because of title disputes. There have been many instances where wrong names have been listed on a title, or a title was not updated following the death of the previous owner.
Boundary disputes over where the real property line exists can also lead individuals into a legal battle. Deed restrictions are an add-on to titles which dictate land usage and these restrictions can also become a source of disagreement that leads to a legal dispute. Foreclosure issues are another common cause for title disputes in the state of Texas.
Attempting to fix a title on your own is not a recommended solution. Only a professional real estate lawyer can step in and help remedy the situation. If you find yourself involved in a title dispute for any reason, Hixson Law Firm can come to your aid. Our experience will make things a whole lot easier as we strive to resolve your situation. Residents of Arlington, Grand Prairie and Mansfield can have the experience on their side with the trusted team of professionals at Hixson Law Firm.
Real estate lawyers often become inundated with disputes over leases when it comes to renting property in the state of Texas. There are sufficient reasons that enable tenants to break a real estate lease and other reasons which do not justify such an action.
First, there is no buyer’s remorse in the state of Texas. Once a lease is signed, it is binding. Tenants do not have the option of reneging on a contract a day or two after it is signed as there is no three-day grace period. Even if no money is exchanged, the lease is still binding.
There is also no ‘rent control’ laws in the state of Texas. The landlord has the right to raise the price of rent at the conclusion of the lease, but not before that time.
Landlords are responsible for making necessary repairs. However, their negligence does not give tenants the right to just up and move out. In order for the lease to be legally broken, there needs to be a court ruling that states a tenant is no longer liable for that lease. Until a tenant takes the landlord to court and obtains a ruling from a judge, the tenant is bound to that lease.
There are procedures put in place by the state in the event that necessary repairs are not made to the property. Tenants need to get familiar with those procedures and follow them accordingly. Withholding rent is deemed as a form of retaliation and could make the tenant subject to eviction. Another interesting fact is that tenants can be evicted in as little as two weeks.
Tenants who decide to break a lease on their own will still be held responsible for the remaining months rent. Yet, if there is an unsafe environment in which the landlord did not provide adequate security, there would be just cause for breaking the lease. But the tenant must still prove that the landlord is guilty of misrepresenting the property.
While the law is clear on why a lease can be broken, there remains a lot of gray areas. If you find yourself involved with any kind of dispute regarding a real estate lease, Hixson Law Firm is staffed with a team of professionals that can go to work for you. Our attorneys strive to protect the rights of residents in the Arlington, Mansfield and Grand Prairie communities.
In the state of Texas, mechanic liens need to be filed in a certain time frame. There are also different contractors eligible to file a mechanic’s lien and time limitations, and procedures differ for each group.
Original or general contractors are the ones who deal directly with the property owner. Their affidavits need to be filed by the 15th day of the fourth month after the contract was terminated, work was finished, or the site was abandoned. The liens also have to be filed with the clerk in the county where the work was performed.
First-tier subcontractors are individuals who have agreed to terms to do work on the property with the original contractor. First-tier subcontractors need to send a certified letter to the original contractor for unpaid services in the same time frame, by the 15th day after the fourth month of service.
Second-tier subcontractors do not have any type of dealing with the original contractor. Their agreements are arranged with the first-tier subcontractors. They must follow the same guidelines as first-tier subcontractors but must also send the original contractor a preliminary notice before filing a lien. That preliminary notice must be sent before the 15th day of the second month in which they supplied labor or materials.
Liens can also be filed by material suppliers. Any first-tier fabricators must provide the property owner with notice by the 15th day of the second month after the order for materials were received. An affidavit must then be filed by the 15th day of the fourth month after materials were received or from the time the contract was breached.
There are many steps to take before actually filing an affidavit for a lien and then there is another process that comes afterward. No matter what kind of contractor you are, Hixson Law Firm can help with your mechanic’s lien or construction project dispute. Contractors in Arlington, Mansfield and Grand Prairie can lean on our experience to walk you through every part of the process and help find the best possible outcome for you.
If you are currently facing the Dallas bankruptcy process and are risk for not being able to pay off your debts, then you know how intimidating the situation can be. Whether you have just started the bankruptcy process or have been slowing moving closer to it in the last few months, then you understand the importance of taking a complete look at your finances and taking steps to improve your outlook. Below are some helpful tips for doing this.
Once of the easiest ways to avoid bankruptcy is to consider things like downsizing your home and selling off some of your more valuable assets. Consider how important that extra large yard or bonus room really is when it comes to your finances. Wouldn’t it be worth to lose some square footage in order to preserve your credit?
Another consideration for those who want to avoid bankruptcy is to work with your creditors, or hire a bankruptcy attorney who will work on your behalf, in order to reduce your payments and make them more manageable to repay. This is one easy way out for many individuals, yet many people don’t realize that it’s often an easy option to secure. Sometimes all you need to do is ask in order to get the help that you need, especially since it’s more important for creditors to be guaranteed at least some of your money, versus simply having to write off your account due to a bankruptcy filing.
Bankruptcy isn’t easy, and if you are able to avoid it, then it’s worth working with an attorney to ensure that you get yourself back on track the right way. It’s an important thing to think about when it comes to your financial future, so take it seriously, and you’ll understand why avoiding bankruptcy can be a viable solution for many people.
Is the stress of your finances getting you down more and more each day? If you are tired of being harassed by daily collections calls, rude emails and threatening letters from credit agencies and are looking for a way to make a fresh start, it might be time to contact an Irving bankruptcy lawyer. Help is out there when you work with the professionals who understand what a delicate and personal decision pursing bankruptcy is. If preserving the future of your finances by filing for bankruptcy is the way you want to go, then doing so with the help of an attorney helps ensure that you’ll be well on your way to the new life you’ve been looking for.
Getting rid of your debts with bankruptcy does impact your credit record, but if you are heavily in debt with no hope for repayment right away and it’s your only solution, it can be a lifesaver. Filing for bankruptcy means that creditors can’t come after you anymore – no more all-hours phone calls and guilt from being unable to pay your debts. Instead, you can focus on rebuilding your financial self in a positive way instead of focusing on a negative financial situation. It’s a smart approach for those who thin they may have no way out and it may make sense for you.
We all make mistakes, and when it comes to our finances, it’s not uncommon to fall behind in credit card payments, mortgage payments and other types of debt. Don’t let these mistakes define who you are for the rest of your life. Instead, filing for bankruptcy may be just the solution you need to help you get back on your feet. By learning how to better manage your money and plan for the future, you can help yourself avoid problems in the future and be well prepared for a prosperous life.