Just as a home mortgage lender keeps an interest in a home in order to secure payment on the mortgage, the law provides a method for contractors and subcontractors to keep an interest, or a mechanic’s lien, in the property they build or improve in order to secure payment for their services and materials. If the owner of the property fails to pay the debt, the contractor or subcontractor may then enforce this lien by obtaining a court judgment ordering foreclosure and sale of the property to pay the debt. By following the procedures to perfect this lien, or to give notice to other creditors of the lien, a contractor or subcontractor may also have preference under the law in the event of foreclosure on the property by other creditors, or in bankruptcy. Individuals seeking information on mechanic’s liens should contact a Cedar Park, Round Rock, Pflugerville, or Austin real…Read More
Texas law provides that parents are the natural guardians of their children in most instances. However, if the parents die, or if a minor child inherits property, legal action may need to be taken to protect and provide for the children and their assets. In this article we will discuss guardianships for minor heirs. Austin probate lawyer Farren Sheehan can help prepare an estate plan and assist the family with common issues encountered when caring for children, such as guardianships and estate planning. Guardianships Generally A guardianship is a relationship established by a court of law. The relationship is between the person who needs help (ward) and the court-appointed person or entity acting on the ward’s behalf (guardian). Guardianships are court-supervised legal proceedings. For guardianship of a minor in Texas, the court designates a person to make decisions for the child or incapacitated individual and oversees the actions. Guardianships can…Read More
After over a decade of providing the Austin area with expert real estate and estate planning legal services, The Law Office of Farren Smith is changing its name to Sheehan Law, PLLC. While the sign outside our office might be changing, we will continue to offer our clients comprehensive, compassionate, and efficient legal assistance, whether they have a real estate issue, an estate planning need, or a civil lawsuit issue. What Is Changing At Sheehan Law, PLLC? The main change is a large but simple one. As mentioned, The Law Office of Farren Smith is now Sheehan Law, PLLC. Along with this name change are three other related and notable changes: Our logo is changing. It only made sense to revamp and update our logo, which includes our new name. We hope that our new logo captures the heart and spirit of our law office while helping to illustrate its…Read More
Many people in Texas don’t have a Will. However, if a person dies without a Will directing to whom their property passes, the person dies “intestate” and the laws of intestacy determine who gets the deceased’s property. As we will discuss in this article, it is especially important to have a Will if the person the testator wishes to leave his or her property to is a common law spouse or same sex partner. In this article we will discuss Texas laws and the dangers of dying without a Will for same sex and non-married couples. To avoid intestacy, it is wise to contact a probate attorney such as Austin probate lawyer Farren Sheehan for help drafting a Will. Intestate Succession If a person dies in Texas without a Will, his property passes to his heirs under Texas law. This is known as intestate succession. Without a Will, the estate…Read More
When winding up business affairs of a person who has passed away, many people may be concerned about how long it will take to go through the probate process to probate a Will. There is a series of events that should take place to effectively probate a Will. In this article we will discuss the probate process and general timeframe for probating a Will. Austin probate lawyer Farren Sheehan can help answer questions and walk clients through the probate process in the Austin, Pflugerville, Cedar Park, and Round Rock areas. The Probate Process The probate process is handled in court. In Travis County, The Travis County Probate Court is the statutory probate court with jurisdiction to probate the Wills of deceased persons and declare the heirs of deceased persons who die without a Will. Officially, the probate process begins when a person files an Application for Probate of Will and…Read More
