Texas probate law considers a “class” as a group of persons having a common characteristic. A person may leave personal or real property to a class of persons as a group. For example, an elderly man may designate in his will to leave 200 acres of land he owns in Travis County to his children living at the time of his death. In this article we will discuss class gifts of land in Texas. If you are involved in a class gift situation, you may wish to discuss your case with Austin probate and real estate attorney Farren Sheehan to help determine how the class gifts are treated under Texas law. Essential Elements Of A Class Gift In Texas The essential elements of a class gift under Texas law are outlined as follows: (1) The group of persons in the class shares the same description so that one designation describes…Read More
Unfortunately, tenants and landlords do not always get along. Disputes often arise over rent, repairs, and the general conditions of the leased property. Occasionally, tenants may be unlikely to report legitimate violations of housing and health codes or request necessary repairs from their landlords for fear that their landlord may retaliate against them and put their living situation in jeopardy. To protect tenants in these situations Texas has passed an Anti-Retaliation Statute. This article will provide an overview of the statute and the rights and protections it provides tenants and landlords. If you have questions regarding retaliatory eviction contact the real estate attorneys at the Law Office of Farren Sheehan for a consultation. Retaliatory Eviction Basics In Texas, tenants are protected from retaliatory eviction by the Anti-Retaliation Statute . The statute provides tenants with protection for taking a variety of actions and prohibits landlords from taking a number of actions…Read More
Buyer Beware of the Quitclaim Deed! Deeds are written documents that convey real property from one owner to another. However, there are a variety of types of deeds that can be used to convey real estate in Texas. In this article, we will discuss the particular type of deed known as a Quitclaim Deed and explain how it differs from a warranty deed. When you are selling or buying real estate in Austin, Round Rock, Cedar Park or Pflugerville, you should consult an Austin real estate lawyer to help guide you as to which type of deed works best, prepare the proper documents you need, and make sure that the transaction is handled efficiently. Warranty Deeds Warranty deeds, either general warranty deeds or special warranty deeds, are the typical method of conveying real property in Texas. Warranty deeds provide assurances from the seller to the buyer that the following facts…Read More
It is a longstanding and well recognized concept that the owner of property is free to dispose of or transfer that property as they see fit. Occasionally, however, the transferor of property may attempt to place restrictions on a buyer’s future ability to sell or transfer that property. This article will briefly examine such restrictions on alienability and the validity of these restrictions in property transactions in Texas. If you are involved in a transfer of property involving a restraint on alienation in the Austin, Round Rock, or Pflugerville area, contact the real estate and probate attorneys at the Law Office of Farren Sheehan for an initial consultation. Basics Of Alienability And Restraints On Alienation In Texas Generally speaking, alienability, or the ability to freely sell or otherwise transfer property, is inherent in the ownership of property. A restraint on alienation is a term in a conveyance of real property…Read More
Property is often owned by more than one individual. Texas recognizes a variety of forms of co-ownership. Co-owners of property possess certain rights and owe their fellow owners certain duties that would not exist if there was a sole owner of the property. This article will briefly explore these rights and duties. If you are having a legal issue related to the co-ownership of property in the Austin, Round Rock, or Pflugerville area contact the real estate attorneys at the Law Office of Farren Sheehan. Basic Rights Of Co-Owners Of Real Estate Initially, it should be noted that co-owners may generally establish what rights and duties are owed through a written agreement. Absent an agreement however, there are certain standard rules that apply. The most basic right of a co-owner of real estate is the right to possess the entirety of the property. The right of possession brings with it…Read More
The Texas court system consists of five different tiers or levels illustrated graphically at the Texas Courts Online website. This article gives a general overview of each type of trial court, i.e. the courts in which a case begins in Texas and what types of cases each one handles. Sometimes, there may be more than one proper court in which to institute an action. If you have a lawsuit pending against you or are considering bringing one, Austin civil attorney Farren Sheehan offers a case evaluation and will assist you in either choosing the most advantageous court venue available to you, or disputing the choice of your opponent when it makes sense to. Justice Courts The bottom tier of the Texas court system is composed of justice courts, which are also known as justice of the peace courts. Justice courts are primarily governed under Texas Government Code Chapter 27 and…Read More
If you have worked and managed to save large balances in retirement plans it is imperative that you properly plan for the assets to pass to named beneficiaries in order to minimize taxes. Generally the beneficiaries of retirement plans will be either your heirs or spouse. If the spouse is named the beneficiary then he or she has the option of rolling over the balance into his or her own Individual Retirement Account. If the children or heirs are the beneficiaries they do not have this option. In this article we will generally discuss retirement benefits and the inheritance issues that are posed to beneficiaries. An elder law attorney such as Austin lawyer Farren Sheehan can guide you through this complicated area of the law. Overview Of Retirement Plans There are many types of retirement plans that individuals can implement to maximize savings and minimize current income tax consequences. Generally,…Read More
Although many residential landlords perform repairs to their properties promptly and conscientiously, not every residential tenant is so fortunate. On the other side of the equation, expensive or excessive requests for repairs from tenants can quickly cause a rental property to become unprofitable, which can lead to increases in rent or a lack of incentive to build new residential units, lowering the supply of affordable housing for everyone in the community. The tenant’s responsibility for damages he or she has caused to an apartment or other rental is usually clearly delineated in the lease agreement, with damages paid out of a security deposit. What is often less clear in lease agreements is what the landlord is responsible for repairing, what conditions must be satisfied before the landlord has the obligation to repair, and when repairs must be completed. Establishing whether a landlord has a duty to repair under certain circumstances…Read More
Although traditionally a rather uncommon cause of action, adverse possession, sometimes referred to as “squatter’s rights,” has become an increasingly discussed topic in Austin and other cities in Texas. Adverse possession refers to the process by which a claimant gains legal title to the land of another by possessing it for a period of time. This article will provide a brief overview of the elements of adverse possession in Texas. If you believe you have a claim of adverse possession or are facing a claim of adverse possession, contact Austin real estate attorney Farren Sheehan for an evaluation of your case. Elements Of Adverse Possession In Texas While Texas law contains four distinct statutes regarding adverse possession, all claims require a showing of certain common elements. The Texas Civil Practice & Remedy CodeRead More
When you visit a doctor’s office or have medical treatment done, most physicians’ offices now require the patient to read and sign a HIPAA authorization. What is a HIPAA release? The Health Insurance Portability and Accountability Act (HIPAA) is a federal law that includes privacy provisions intended to protect a patient’s confidential medical information. The HIPAA law requires that health care providers ensure privacy of patient health information and medical records. In this article we will discuss state and federal health privacy laws and legal forms that you may encounter. Austin probate lawyer Farren Sheehan can help explain these various legal documents and advise you on estate planning documents to protect your property and privacy. Health Insurance Portability And Accountability Act The Health Insurance Portability and Accountability Act (HIPAA) is a federal law enacted in 1996. This federal law includes requirements for protecting the privacy and security of health care…Read More
