Integrity Law Group PLLC

Navigating Real Estate Legal Disputes: Answering the Top Five Questions

There are many different real estate legal disputes that can arise during any transaction. Clients and developers may have a disagreement while residential or commercial property is being developed. Landlords and tenants can argue about non-payment of rent or improper maintenance of the property. Neighbors can encroach on their neighbor’s property. These are just a few of the most common types of disputes.

Any real estate dispute can be confusing. They can even be damaging to your business or your property. It is important that you speak to a Texas real estate lawyer who can help you through the complicated process and answer all of your questions. Below, our seasoned attorney answers five of the top questions we hear.

What is Real Estate Litigation Law?

Real estate litigation is an area of law that addresses disputes involving actual property such as homes, commercial properties, buildings, and land in Texas. Real estate litigation law is intended to protect the rights of property owners and anyone who uses the property. Real estate litigation law governs multiple issues ranging from loans, mortgages, and liens to title disputes, real estate contracts, and landlord/tenant law. Real estate litigation law also provides a process for filing a lawsuit when a dispute requires a resolution, such as those that involve easements or boundary lines.

Real estate litigation is sometimes necessary when a property owner believes another party has violated their rights, such as another property owner, a municipality, or an insurance company. When a property owner feels they need to enforce their rights, they can file a lawsuit with the court. Real estate litigation law is a legal area that is extremely complicated and many people do not understand the laws or process to follow. A Texas real estate lawyer can make sure justice is served and that people’s rights are protected.

What are Common Real Estate Disputes?

Some of the most common real estate disputes involve titles and property rights. These disputes commonly arise when two or more parties disagree about the use or ownership of real property. Some of the most common disputes include quiet title actions, boundary line disputes, and landlord/tenant disputes.

Boundary line disputes occur when two or more parties disagree about the exact location of a property line. Quiet title actions occur when a person attempts to establish that they are the undisputed owner of a specific piece of land. Landlord/tenant disputes occur when a tenant and landlord disagree about issues such as possession, rent, or other matters regarding the rental of the property.

Other real estate issues include easement disputes, contract disputes, nuisance claims, and adverse possession claims. Easement disputes arise when two or more parties disagree about the use of property owned by another party, such as access to natural resources such as water and right of way. Contract disputes occur when two or more parties enter into a contract and disagree about the terms of the agreement. Nuisance claims occur when land is used in such a way that causes another person harm or distress. Adverse possession claims occur when someone hopes to gain ownership of land by using it regularly over a certain period of time.

What Steps Should I Take in a Real Estate Lawsuit?

Every real estate lawsuit will differ slightly from others, as the remedies available are unique to the specific disagreement. However, there are some general steps to take during the process. They are as follows:

  • Collect evidence: Before even filing a lawsuit, or responding to one, you should collect as much evidence as possible. Evidence can include contracts, photos, property records, or written correspondence between you and the other party. It can also be helpful to search public records to find important information on the title history of the property. The title history may offer information about liens, ownership, and encumbrances that can help a case.
  • Speak to a real estate litigation lawyer: You have the right to represent yourself during a real estate dispute, but it is not recommended. A real estate lawyer can review the facts of your case and provide sound advice regarding the best way to resolve the disagreement. Real estate lawsuits are very complicated and you will greatly benefit from the help of an experienced attorney.
  • Consider alternative dispute resolution methods: Not all real estate lawsuits end up in the courtroom. Alternative dispute resolution methods such as mediation can resolve your disagreement in a faster and more cost-efficient manner.
  • File a lawsuit: A real estate litigation lawyer will know the process of filing your lawsuit with the court and fully outline your complaint as well as the remedy you are seeking.
  • Negotiate: You can negotiate with the other side to reach a settlement agreement at any point during the process. A real estate lawyer will have the necessary experience to negotiate a settlement that is fair.

How Long Does Real Estate Litigation Take?

No one can determine exactly how long your real estate lawsuit will take. The amount of time required depends on the type of dispute, the amount of research involved, and the willingness of all parties to reach an agreement. Still, real estate lawsuits can often take one year or more when they need to be resolved in a courtroom. After reviewing the facts of your case, a lawyer can provide an approximate timeline for your case.

Do You Need a Real Estate Lawyer in Texas?

Again, you are not required to have legal counsel to help with your real estate dispute. However, working with a Texas real estate lawyer will bring you many advantages. Real estate litigation is complicated and one mistake could hurt your case. At Integrity Law Group, PLLC, our experienced attorneys can draft your lawsuit, file it with the appropriate court, meet deadlines, and negotiate on your behalf as your case proceeds. Call us now at (832) 280-9576 or contact us online to request a consultation and to learn more about how we can help resolve your dispute.

The Benefits of Having a Prenuptial Agreement: Protecting Your Future Together

It is a stat no one wants to think about, particularly when they are planning a wedding, but approximately half of all marriages end in divorce. A prenuptial agreement is a legal contract between two people who intend to wed. Also called prenups, these contracts settle many important issues. Through a prenup, you can outline who owned certain property before the marriage, how marital property will be divided, and more. 

While you may not want to raise the topic of a prenup as you plan your wedding, these legal contracts have many benefits. Below, our Houston family law attorney outlines what these are.

Avoid a Complex Divorce

Not all divorces have to be messy legal battles. When there are feelings of frustration and hard feelings, or the two spouses are very contentious towards each other, a divorce can become much more complicated. Add financial issues to these feelings of resentment, and a divorce case can become explosive. A prenuptial agreement can help you avoid all of this. With most financial issues outlined in the prenup, many of them are already resolved and your divorce can simply follow what the document stipulates.

Young Couples Can Benefit From a Prenup

 It is a common misconception that prenuptial agreements are best utilized by older couples. Today, many younger people are marrying later in life than their parents and grandparents did. When a person marries in their late 20s, early 30s, or even later, they have typically already amassed a significant amount of wealth and assets. A prenup can protect your existing investments and assets, including business ownership, inheritance rights, and other sources of wealth.

Older Couples Also Benefit

Anyone getting married can benefit from a prenuptial agreement, including older couples. When older couples wed, it is often their second or third marriage. Unfortunately, the divorce rate for these marriages is much higher than that of first marriages. A prenuptial agreement can make the divorce process much easier if the marriage does not work out. Additionally, older couples have also had more time to accumulate wealth, and a prenup can protect it.

Determine the Division of Marital Assets

The division of marital assets is one of the most complex issues during divorce. A prenup can outline how you will divide them in the event your marriage does not work out. For example, if you are a business owner and plan on operating it after you get married, a portion of the company will be considered a marital asset if you get a divorce. A prenup can stipulate that you retain all rights to the business after the marriage and that your spouse does not have a claim to any portion of it.

Resolve Spousal Maintenance Issues

A Houston family law attorney will tell you that you cannot include any provisions pertaining to child support in a prenuptial agreement. This is because the child has a right to support, and parents cannot waive that right on their behalf. However, a prenuptial agreement can resolve issues regarding spousal maintenance, commonly referred to as alimony. 

This is of particular importance when one spouse is planning to leave the workforce to maintain the home and take care of the children. Due to the fact that the stay-at-home spouse may have a reduced earning capacity post-divorce, a prenup can provide them with the spousal support they need.

Protect Against Your Spouse’s Debt

One of the main purposes of a prenuptial agreement is to determine how assets will be divided during divorce. However, these contracts can also protect you from being liable for your spouse’s debt. On average, American households carry approximately $140,000 in debt. If your soon-to-be spouse carries a lot of debt, or they will in the future, a prenup can protect you from it. For example, if you know your spouse is going to go to school during the marriage and will use student loans, a prenup can ensure you will not have to pay that debt post-divorce.

Clarify Financial Expectations

When drafting a prenup, you and your partner will have to disclose financial information, such as the assets and debt you currently have. While this process may not sound very romantic, that is not the case. In fact, a prenup can foster open communication and help you and your partner have a better understanding of the other’s obligations, financial goals, and responsibilities. If you can address these financial issues before the wedding, it can help you reduce misunderstandings and conflicts about money during the marriage.

Protecting Beneficiaries

It is not uncommon today for people to have children from another relationship when they marry. In these instances, a prenup can be especially valuable. A prenuptial agreement can define how assets will be distributed in the event of divorce or death, and provide for each of your beneficiaries, including children from a previous relationship. This can provide both of you with peace of mind and help you avoid future disagreements about financial support or inheritances.

Making the Marriage About the Relationship

If you have a great deal more wealth than your partner, a prenuptial agreement can make sure your property and assets are protected. It will also give you the peace of mind that your partner is marrying you for love, and not for what you own.

Providing an Easy Way Out

It is a sad but true fact that many people remain in unhappy marriages because they do not think they can financially support themselves. Or, one spouse may have become accustomed to a certain standard of living during the marriage and do not want to give that up. A prenuptial agreement can give both parties the confidence to leave a marriage in the event it ever becomes unhealthy.

Our Family Law Attorney in Houston Can Draft Your Agreement

A prenup can provide you with a great deal of protection, but they must be drafted properly in order for them to be enforced. At Integrity Law Group, PLLC, our Houston family law attorney can draft a contract that will protect your best interests now and in the future. Call us today at (832) 263-1828, or fill out our online form to schedule a consultation and learn more.

Estate Planning 101: Answering the Top Five Questions

You have likely heard about estate planning and the importance of it. Considering that estate planning encompasses wills, powers of attorney, and thinking about the probate process, it is not always straightforward. If you have thought about planning for your estate, you likely have many questions. Below, our Houston estate planning lawyer outlines the five most common questions we hear and the answers to them.

When Should You Create an Estate Plan?

Planning your estate is a task that is easy to keep putting off. Many people think there is not an urgent need to plan their estate, particularly if they do not have a family or have not amassed a substantial amount of wealth. However, this is not the case. You should consider planning your estate as important as planning for retirement, health care, and your finances.

All adults can benefit immensely from a comprehensive estate plan. Of course, if you have a lot of assets, it is even more important to have an estate plan in place. Likewise, if you have minor children, you should create an estate plan that names the guardian you would like to raise and care for them. Still, having substantial property or a family is certainly not a prerequisite for creating an estate plan. If you are an adult, you need an estate plan, regardless of your income, assets, or age.

Should You Share Details of Your Estate Plan With Loved Ones?

Whether you share the details of your estate plan with your loved ones or not is a personal decision. It can be uncomfortable to discuss your final wishes with your family members, and they may not even be open to hearing about it. Still, discussing your estate plan with loved ones does have many benefits.

For example, if there are people you think will be unhappy with your estate plan, now may be the time for transparency. You can explain your reasoning for the decisions you made, and it may even help your beneficiaries avoid challenges and contests to your will or other parts of your estate plan in the future. Instead, you can deal with any disputes directly now.

What Tools Should You Include in Your Estate Plan?

It is no small task to plan your estate, as it needs to be specific to you and your own personal situation. Due to the fact that everyone has different circumstances and, therefore, they require a unique estate plan, there are no real requirements to include. Still, there are some elements that are commonly included in estate plans. These include:

  • Your last will and testament, which is often the foundation of many estate plans,
  • Trusts, such as testamentary trusts, asset protection trusts, Crummey trusts, special needs trusts, charitable trusts, and more,
  • Funeral arrangements,
  • Retirement planning,
  • Medicaid and Medicare planning, and 
  • Advanced health directives, such as health care power of attorney and medical power of attorney

You may not need to include all of the above elements in your estate plan. You may also give some elements more importance and precedence than others, depending on your own personal situation. For example, if you have health concerns, you should include provisions in the event that you become incapacitated. If your assets largely include real estate properties, on the other hand, you may be more concerned about creating trusts that will protect those assets now and in the future. You should always speak to a Houston estate planning lawyer who can advise on the elements that may be most important for your plan.

Should You Include a Durable Power of Attorney in Your Estate Plan?

A durable power of attorney gives another person the legal authority to make decisions for you in the event that you cannot make them for yourself. If you do not include a durable power of attorney in your estate plan, the court will appoint one for you if you become incapacitated. The court may not appoint someone that you would have chosen, and the court process can be more costly than simply drafting a durable power of attorney.

When choosing a power of attorney, it is critical that you name someone you trust implicitly. They will have your safety and well-being in their hands, and you want to make sure they understand and will carry out your wishes. Being someone’s power of attorney can also be very stressful, as it is a huge responsibility. Speak to the person you are considering appointing to make sure that they are willing and able to take on the task so you can inform them about your wishes.

How Often Should You Review Your Estate Plan?

Unfortunately, drafting an estate plan is not a ‘set-it-and-forget-it’ matter. The only constant in life is change, and you will need to adjust your plan accordingly from time to time. Any time there is a major life event, such as a birth or divorce, you will want to review your estate plan. For example, if you have left assets to your daughter and her husband and they divorce, you may want to change your will to disinherit your son-in-law. Or, if a new baby is born, you may want to create a trust so you can leave certain assets to them.

Even when there are no major life events, you should still review your estate plan fairly regularly. You can review it annually or semi-annually at the same time you review your financial plan. For estate planning purposes specifically, you should review your plan at least every three to five years.

Our Estate Planning Lawyer in Houston Can Answer Your Questions

If you are thinking about planning your estate, you likely have many questions. At Integrity Law Group, PLLC, our Houston estate planning lawyer can answer them and help you draft a plan that will protect you and your loved ones. Call us now at (832) 280-9576 or contact us online to request a consultation and obtain the legal advice you need.

The Impact of Divorce on Your Last Will and Testament

Under state law in Texas, a divorce or annulment of a marriage will revoke any portion of a will that involves a former spouse. For example, if you left everything to your spouse and did not change your will after you divorce, those provisions would be revoked. Your assets would then be distributed according to the intestacy laws in the state. Although your spouse will not receive any of your property if you pass away, it is still of critical importance that you update your will after divorce.

Reasons to Update Your Will After Divorce

There are many reasons to update your will after divorce. They include:

  • Protect your child’s inheritance: Reviewing and updating your will after ending your marriage will allow you to make sure that any inheritance left to your children is protected. If your children are still minors, you may want to consider establishing a trust for your children, which may require you to appoint a new trustee.
  • Appoint a new executor: It is not uncommon for spouses to name each other as executors of their will and estate. Also review any trusts you have created, as you may have to appoint new trustees, as well.
  • Add or remove beneficiaries: One of the main purposes of a will is to provide for your beneficiaries in the event that you pass away. After a divorce, you may want to add beneficiaries or remove them, particularly if you left property to people on your former spouse’s side of the family.
  • Prevent challenges to the will: If you do not update your will after divorce, it may be easier for your former spouse or other family members to challenge it. Updating your will ensures that you can clearly outline your intentions and preferences and minimize the chance of challenges and other disputes arising.

The above are just a few reasons to review your will after your divorce. A lawyer can review the document with you and advise of the necessary changes to make to ensure your best interests are protected.

Other Estate Planning Tools to Review After Divorce

Your will is not the only estate planning tool you should update after your divorce. Other important documents to review and change, if needed, include:

  • Beneficiary designations on policies and accounts: If you listed your former spouse as a beneficiary on an insurance policy or retirement account, they may still receive funds if you pass away, as the law does nothing to change that. As such, it is critical that you review these accounts and policies and make the necessary changes to reflect your current wishes.
  • Advance directives and powers of attorney: If your former spouse is appointed as your power of attorney, or you named them as your agent to make healthcare decisions on your behalf, it is important to change these documents so you can choose another person to have this authority. Always make sure you choose a person you trust in your advance directive or as your power of attorney, which is likely no longer your former spouse.
  • Tax considerations: A divorce can have tax implications for your estate, as well as any beneficiaries you have appointed. It is important to speak to an experienced attorney who can advise on your estate and any tax implications you may not have known about or have not considered.

How to Update Your Will After Divorce in Texas

While you may know that it is important to update your will after divorce, you may not know how to do it. The main steps involved are as follows:

  • Review your existing will: Of course, to know which changes you need to make to your existing will, you first have to review it. Read through your current will carefully and identify any provisions you would like to change. Any terms involving your former spouse will need to be changed, but now is a good time to determine if you need to make any other changes, as well.
  • Contact an experienced family law attorney: A family law attorney can guide you through the divorce process and help you obtain the fair settlement you deserve. After your divorce, however, an attorney can also help you navigate the process of making changes to or updating your will to make sure it complies with state law and is enforceable.
  • Create a new will or codicil: A lawyer can assist you with drafting a new will or creating a codicil. A codicil is an amendment to your current will. Regardless of whether you creating an entirely new will or making amendments, the document should distinctly state the changes you want to make. A lawyer will also inform you of how to execute the will so it complies with state law. For example, you may have to sign your will in the presence of two witnesses in order for it to be enforceable.
  • Store your new will in a safe place: You should keep your will in a secure place, such as at your attorney’s office or in a safety deposit box. Your lawyer can advise on whether you should destroy previous versions of your will. Sometimes, this is beneficial, but if there is any question of the validity of a new will, it can be useful to retain previous versions. Working closely with an attorney can ensure the validity of a new will is not brought into question.

Our Estate Planning Lawyer in Houston Can Help Update Your Will

If you have recently gotten a divorce, you should not overlook the importance of updating your will. It is important to ensure your wishes are fulfilled, and our Houston estate planning lawyer at Integrity Law Group can help you navigate the process. Our attorney has the necessary experience to make sure your will is valid and executed properly so it is not subject to challenges in the future. Call us now at (832) 280-9576 or fill out our online form to schedule a consultation and learn more about how we can help.

A Step-by-Step Guide to Real Estate Transactions in Texas

There are many steps in real estate transactions in Texas. The steps you take will depend on the type of transaction you are entering into. Purchasing and selling homes are some of the most common types of transactions in Texas, and the process of leasing or renting is very similar. Below, one of our Texas real estate attorneys outlines the steps of selling and buying a home and how to get the help you need throughout the transaction.

Contact a Texas Real Estate Lawyer

Selling or buying a home is a complicated process that involves a great deal of negotiation and legal documentation. You are not required to work with a Texas real estate lawyer, but legal assistance will make the process much easier for you. A lawyer can help you navigate the process, draft and review important contracts, prepare and submit all documents, ensure you do not miss deadlines, and protect your best interests at all times throughout the transaction.

Find a Lender and Real Estate Agent

Finding a lender or real estate agent in today’s world has become easier because the Internet has made it so easy to find countless options. However, the sheer number of options you have has also made it more difficult to find the right real estate agent or lender for you. You must compare several lenders and real estate agents. Compare their experience, their rates, fees, or commission, and more. Also remember you do not have to rely on the Internet. You can ask family and friends and use trusted resources, such as Texas Realtors, to find someone you can trust.

List or Find Your Home

Your real estate agent will use resources such as the Multiple Listing Service (MLS) and other online platforms to help you find a home or list your current residence for sale. If you are purchasing, your real estate agent will also research the current conditions of the market and location, the neighborhoods you are considering, and any must-haves you would like in the home.

A real estate agent can also help you determine a reasonable price for your home if you are selling. Still, it is important to obtain a recent appraisal so you understand what the property is worth. You may also need additional time to repair or replace certain conditions prior to the sale. You will also have to consider staging your home, and regardless of whether you are buying or selling, you will have to make time for showings.

Sign the Contract and Open Escrow

You will have to consider many options about the contract. These include contingencies, home renovations,  and the overall timeline. It is critical that you consider these factors before signing the final contract. You may also have to negotiate for certain repairs to be made before the move-in date. Negotiations can take time, so you should always make sure you are communicating well with your agent.

If you are purchasing a home, you will also have to open an escrow account. Escrow is an important process, but it is also one that is complex and largely misunderstood. An escrow account assures each party that the sale will go through because the funds are being held safely. Escrow accounts are typically used for good faith money deposits, taxes, and homeowners insurance.

Complete Repairs or Inspections

Home inspections are also an important part of the process for buyers. You should hire an inspector who can analyze all conditions on the property and inform you of any issues they find. If there are issues present, you can negotiate with the seller to make the necessary repairs. Or, you may choose to handle the repairs yourself in exchange for an adjustment in the price.

Meet With the Title Agent

The role of the title agent is often overlooked because they are only a small part of the process. Still, they are also important. Title agents conduct a search on the title of the property. There are many encumbrances that can be on a property, including utilities, unpaid taxes, and other fees and liens. The title agent will find any of these issues and make sure no stone is left unturned. After determining that the property is free of these encumbrances, they will issue a title commitment that ensures the home is marketable and that it can be protected by title insurance.

Submit Necessary Paperwork

You will have to review a lot of paperwork and send information to your real estate agent, as well as the lender and title company. To avoid unnecessary delays, you should respond promptly to these requests.

Deposit Closing Funds

The title agent or company will also provide the closing disclosure, which outlines all of the closing costs. This can be a confusing part of the process, so make sure to speak to your real estate agent or lawyer about this documentation. After reviewing the disclosure, you should wire the funds to the title company before closing.

Review and Sign Closing Paperwork

After the title work is complete and the lender has approved the deal to close, you will meet with a closing agent from the title company. There is a lot of paperwork to review and sign, so it is important to remain patient and not rush through the process.

Receive Your Keys or Funds

After all of the paperwork has been signed and you have done your due diligence, the keys are yours, and it is time to move into your new home. If you have sold your home, you can receive your funds and take the next necessary steps.

Call Our Real Estate Lawyers in Texas Today

The real estate process can become complex, and every step within it is important. At Integrity Law Group, our Texas real estate lawyers can provide the legal advice you need and make sure the process is as smooth as possible for you. Call us now at (832) 521-4201 or contact us online to schedule a consultation and learn more about how we can help with your case.

Securing Your Financial Future: Strategies for Protecting Your Assets During Divorce

You did not get married thinking it was going to end in divorce. Sadly, the divorce rate in the country shows that divorce is all too common. Ending your marriage will bring with it mental, psychological, and emotional hardships. Still, there are also many financial matters you must consider, as well. Our family lawyers know how to protect your property from divorce proceedings, even if your case seems extremely complex. Below are just a few ways to protect your assets during divorce.

Identify Separate and Community Property

If you know that divorce is inevitable, you should start creating a complete list of property owned by you, your spouse, or jointly. Separate property includes assets either of you owned before the marriage, while community property is considered jointly owned by both parties. Common examples of community property include:

  • Vehicles
  • Shared investment accounts
  • Bank accounts
  • The marital home
  • Retirement accounts
  • Real estate, such as an investment property
  • Personal property, including furniture
  • Equity or proceeds from a business
  • Pensions
  • Cryptocurrency

Remember that when creating a list of inventory, you must include all debts and liabilities, as well.

Determine the Value of Your Assets

After you have written a comprehensive inventory of your separate and marital assets, you then need to determine the value of the property. When resolving property division issues, a judge will consider the income level of each spouse before and after the marriage, as well as the amount of separate and community property owned by the couple. To obtain the most accurate valuation, it is important to speak to a professional.

Open Separate Accounts

As soon as you know you are getting a divorce, you should also open separate accounts. Open a separate bank account, apply for a credit card that is in your name only, and separate your personal property as much as possible. If you have a joint bank account or credit card with your spouse, try to remove your name from it as soon as possible. Gather the financial documents for all separate and joint accounts and transactions, as your attorney and judge will want to review them.

Consider Tax Implications

Taxes are commonly overlooked in divorce cases, but they are one of the most important things to consider. While the tax law on alimony changed several years ago, there are other implications to think about. 

For example, the tax law regarding retirement accounts still applies, and so when dividing this property, you must know how it will affect you. You do not want to agree to accept a taxable retirement account while your spouse receives one that will not be impacted by taxes. It is best to work with an asset protection lawyer who can advise on the tax implications of dividing certain types of property.

Change Your Will

State law will automatically revoke your spouse as a beneficiary in your will after you get a divorce. Still, it is important to review your last will and testament to revoke your spouse on your own and to confirm that all previous versions of your will are invalid. You may also want to change certain terms so your children or other trusted individuals receive what your spouse once would have. Of course, if you have a joint will with your spouse, you need to ensure you have one of your own after divorce.

Use a Trust to Protect Assets

A trust is a legal document that can also protect assets during a divorce. To shield the trust assets from being subject to division, the document must be drafted prior to the marriage. Still, any assets placed within it at that point can be classified as separate, and you can retain them after your divorce is final.

There are many different types of trusts that can protect your assets during divorce. A Domestic Asset Protection Trust (DAPT) is an irrevocable trust that can provide the protection you need. Some individuals choose to open an offshore trust, as this provides the highest level of protection. You should always speak to an asset protection lawyer who can advise on the best trust to use for your situation.

Draft a Prenuptial or Postnuptial Agreement

Most couples should have a prenuptial agreement prior to getting married. A prenuptial agreement mainly outlines financial provisions in the event you get divorced. A prenup can outline which property is considered separate and therefore protected from being divided during divorce. A prenup can also stipulate terms surrounding alimony and how income will be used during the marriage.

A postnuptial agreement can include all of the same terms as a prenuptial agreement. The only difference between the two is that a postnuptial agreement is drafted after the marriage. There are many reasons couples draft postnuptial agreements. For example, you may start a business after you get married. To prevent it from being divided during a divorce, you can draft a postnuptial agreement that classifies it as separate property.

Keep Inheritances Separate

Under Texas law, inheritances and gifts are generally considered separate property and, therefore, will not be divided during the divorce process. There is a large caveat to the law, though. If you commingle the inheritance with marital property, it will no longer be considered separate. For example, you may place your inheritance in a joint bank account you hold with your spouse. There would then be no way to determine which funds are from the inheritance and which are marital property. The entire account would be divided according to the state’s community property laws.

Our Family Lawyers in Houston Can Protect Your Assets

At Integrity Law Group, PLLC, our Houston family lawyers have the knowledge about real estate and business law to protect what is most important to you in the event that you get a divorce. Call us now at (832) 280-9576, contact us online, or email us to schedule a consultation with one of our skilled attorneys and to learn more about how we can assist with your case.

Debunking the Top Five Misconceptions About Estate Planning

There are many reasons people put off estate planning. Some people simply think the topic is too uncomfortable to talk about. Others are hesitant to embark on the process because of the many misconceptions and myths that are out there about estate planning. While some of these misconceptions sound reasonable, others are clearly untrue once you stop and really consider them.

Our Houston estate planning attorneys know the many reasons people put off estate planning for as long as possible. However, we also know how important it is for everyone to have an estate plan that protects them and their family for years to come. It is for this reason we have debunked the top five misconceptions we hear about estate planning so you understand the truth behind them.

MYTH: Only Certain People Need an Estate Plan

Perhaps the biggest misconception regarding estate planning is that only certain people need one. Some people think that only wealthy people with huge estates need to plan for them. Others believe that people only need an estate plan once they start to get older. 

The truth is, though, no one can predict the future and know when they will pass away. For this reason, everyone over the age of 18 years old should have an estate plan in place. An estate plan can make it easier for family members after a loved one passes away. It can allow them to avoid probate, and regardless of the assets within an estate, it also helps beneficiaries receive them sooner.

Tying into this myth is that only wealthy people need to have an estate plan. It is true that wealthy individuals will have more complex estate plans, but it is still important for individuals with smaller estates to have a plan in place. Anyone with a bank account, vehicle, or any other asset must have an estate plan. Without one, those assets can be tied up in the probate courts for months or years.

MYTH: Your Estate Plan Only Matters After You Pass Away

Some people do not think their estate plan will directly affect them. This misconception has largely been perpetuated by movies and television shows that depict family members finding a dusty copy of a will after someone has passed away. However, your estate plan could play an important role while you are still alive.

For example, if you create a living trust, it can become effective before you pass away. You can place property into the trust, and your beneficiaries can access the property once they reach a certain age or meet other milestones. Additionally, an estate plan can also include an advanced directive, which outlines your preferences for medical care in the event that you cannot make these decisions on your own. These are just two ways an estate plan can impact you while you are still alive, so it is important to create one as soon as possible.

MYTH: I Do Not Need an Estate Plan Because My Spouse Will Receive Everything

Without a will in place, your estate is subject to the intestate succession laws of the state. These laws do not necessarily allow your spouse to receive all of your property if they survive your death. 

For example, if you are in the difficult situation of wanting to disinherit your adult children, you must create a will that stipulates this. Otherwise, if you and your spouse had children together, they will automatically receive a portion of your estate. Your spouse will inherit all community property and 1/3 of your separate personal property. Your children will inherit everything else. If you have children, but they are not the children of your spouse, they will receive half of your community property.

If you have specific wishes, you must draft a will and use other estate planning tools to make sure they are fulfilled. When you do not, the state will determine how your estate is divided, which may not fall in line with your preferences.

MYTH: A Will is All You Need in an Estate Plan

It is true that wills form the foundations of many strong estate plans. It is also a fact that for some people, a will may be all they need. However, this is not true for everyone. There are many tools available for estate plans, and it is critical to speak to an attorney about the ones that are right for you.

For example, if you have very specific wishes for your end-of-life medical care, you may want to include an advanced directive in your estate plan. Or, if you have certain assets you want to shield from the probate process, a trust is a good tool that can help with that. If you are a business owner, you may want to create a succession plan to allow the transfer of ownership to proceed more smoothly. An attorney can examine your unique circumstances and advise on the tools that should be included in your plan.

MYTH: Drafting an Estate Plan is a ‘One and Done’ Process

Many people think that once they have created an estate plan, they can set it aside and never think about it again. This is simply not true. Estate plans need regular updating, and the documents within them are living documents and need to be changed whenever there is a major life change. Any time there is a birth, death, marriage, or other major change in your life, it is important to review your estate plan and update it when necessary. This is the only way to ensure your estate plan includes everything it should.

Call Our Estate Planning Lawyers in Houston Today

At Integrity Law Group, PLLC, our Houston estate planning lawyers can bust all the misconceptions about the process so you and your family are prepped for the future. Call us today at (832) 521-4201 or fill out our online form to schedule a consultation with one of our experienced attorneys and to learn more about how we can help with your case.

Navigating the Most Frequent Forms of Business Legal Disputes

Running a successful business involves fostering a number of relationships. Business owners hire employees, use third-party vendors, have partners and shareholders, as well as a number of other relationships. Within any one of these relationships, a dispute can arise. Business legal disputes are never good for a company. They detract from the overall profitability, interrupt business operations, and even hurt the business’s reputation.

Unfortunately, it is virtually impossible for any business to avoid becoming involved in a dispute. Although there are some ways business owners can try and prevent a dispute from interrupting their business, the vast majority will find themselves in a legal dispute at some point. Below, our Houston business law attorney outlines the most common types of disputes, as well as how to resolve them and prevent them from arising in the first place.

Common Types of Business Legal Disputes

From breaches of contract to infringement of trade secrets and partnership disputes, there are many disagreements that can arise within a company. The most common of these include:

  • Breach of contract: A breach of contract is a legal dispute that arises when two or more people enter into a formal agreement, and one party fails to fulfill the terms of the contract. All businesses must enter into some kind of contract, whether it is a lease agreement, employment contracts, or agreements with third-party vendors.  As such, disputes involving a breach of the contract are some of the most common business disagreements.
  • Partnerships: There are many different types of disputes that can arise between business partners. Partners may disagree about the direction of the business, and how profits are to be distributed, and they may simply have different management styles. Due to the fact that these disputes involve the people who are most responsible for the operations of the business, they can significantly hurt a company, particularly when they are not resolved quickly.
  • Intellectual property disputes: Intellectual property laws protect a creator’s rights to their own original work. Disputes can arise within a business regarding who is the actual owner of the intellectual property or alleged patent, copyright, or trademark.
  • Employment disputes: There are a number of different types of employment disputes business owners must face. These can include discrimination, wage disputes, and harassment. It is not only current employees that may have a dispute, but former workers, as well. These individuals may file a lawsuit against a business owner for wrongful termination, or a business owner may take action against a former employee for a breach of a non-compete agreement.

How to Prevent Common Business Disputes

Of course, the best way to deal with common business disputes is to avoid them altogether. While this is not always possible, there are some tips that can help business owners avoid these costly and stressful disagreements. Some of the best tips to follow when avoiding business disputes include:

  • Draft strong contracts: The best way to avoid future business disputes is to have strong and legally-binding contracts in place. A business law attorney can draft clear, specific, and carefully written contracts that can help you avoid a dispute.
  • Seek legal advice early: If a complex issue arises and you are unsure of how to approach it, or you just sense that something is not quite right, speak to a Houston business law attorney as soon as possible. Getting the legal help you need early on in the process can inform you on how to best proceed and can even help you avoid a dispute.
  • Document everything: As a business owner, you know the importance of documentation, and it can also help you avoid business disputes. Retain copies of all contracts, emails, loan documents, accounting information, meeting minutes, and file notes. A business law attorney can also help you develop an effective document retention strategy.

How to Resolve Business Disputes

Due to the fact that most businesses cannot avoid disputes altogether, it is important that all business owners know how to resolve them. Fortunately, there are a number of ways to do it. These are as follows:

  • Negotiation: Through negotiation, the parties involved in a dispute can try and resolve it amicably. Negotiation is not the most formal way to resolve a business dispute. Typically, business law attorneys are involved, as they have the skills and experience that allow them to navigate the process more effectively.
  • Mediation: During mediation, the parties involved in a dispute meet with a neutral third-party mediator. The role of the mediator is to help the differing sides communicate and compromise so they can reach an agreement. Mediation is one of the most affordable and quickest ways to resolve business disputes. If the parties reach an agreement during mediation, all parties involved in the dispute must follow it.
  • Arbitration: Arbitration is very similar to mediation. The parties involved in the dispute will meet with a third-party arbitrator and make their arguments. After hearing from all sides, the arbitrator will make the final decision, which is something mediators do not do. Many business contracts specify that arbitration is necessary in the event of a dispute, which bars the parties involved from going to court.
  • Litigation: Litigation is the most expensive way to resolve a business dispute, but it is still sometimes necessary. Litigation occurs when one party files a lawsuit against another person. If the case is not settled outside of the courtroom, the details of a lawsuit also become public record, which is often very harmful to a business.

Call Our Business Law Attorneys in Houston Today

Regardless of the type of dispute you are facing, it can cause significant harm to your business. It is important to resolve these disagreements as quickly as possible, so you can get back to running your company. At Integrity Law Group, PLLC, our Houston business law attorneys can advise on the most effective way to move forward so your case is resolved in a fast and efficient manner. Call us now at (832) 263-1828 or fill out our online form to schedule a consultation and learn more about how we can help.

A Guide to Understanding Your Tenant Rights

Houston is home to approximately 700,000 rental units. It is not uncommon for disputes to arise between these renters and their landlords. Tenants do not always understand the rights provided to them under the law, and landlords sometimes take advantage of this fact. If you are renting a home, apartment, or condo in Houston or anywhere else in the state, it is critical that you know your rights. Below, our Houston real estate lawyer explains these rights and how to exercise them.

The Right to Quiet Enjoyment

As a tenant, you have the right to quiet enjoyment. This is a legal term that means you cannot be evicted without just cause, and you have the right to live in your unit in peace and quiet. If other renters are violating this right, you should submit a complaint to the landlord in writing. Likewise, you also cannot interfere with another tenant’s right to quiet enjoyment. Landlords also cannot interrupt your utilities unless they are making necessary repairs, there is an emergency, or it is necessary due to construction.

The Right to a Safe and Healthy Environment

When a condition significantly impacts your physical health or safety, you have the right to demand that your landlord repair it. A justice of the peace can order a landlord to repair conditions that affect your physical health or safety so long as the repair does not cost more than $10,000. 

Your landlord is also under no obligation to repair a condition created by you, a member of the household, any other lawful occupant, or your guests unless the condition results from natural wear and tear. Your landlord must also provide you with a smoke detector, and you do not have the right to waive this provision or to disconnect the device.

The Right to Repairs for Normal Wear and Tear

When a condition arises due to normal wear and tear, you have the right to demand that your landlord pays to have it fixed. For example, if you need a new carpet because you and your family have been walking on it for five years, you can ask the landlord to replace it. On the other hand, if your dehumidifier leaks and causes mildew to grow in the carpet, you may be responsible for fixing the condition.

The Right to Security Devices

You have the right to a dwelling that is equipped with certain security devices, such as keyed deadbolts on exterior doors, window latches, sliding door handle latches, door pin locks, and sliding door security bars. Landlords must bear the expense of installing these items. If your unit does not have these devices, or they are defective, you have the right to ask your landlord to install them.

The Right to Complain in Good Faith

If your landlord refuses to make necessary repairs to protect your safety, health, or security, you have the right to take certain steps under the law. You may have the right to terminate the lease or force your landlord to make the necessary repairs. You can also file a lawsuit against them so the court can order your landlord to remedy the situation.

You must follow certain steps when trying to force your landlord to correct certain conditions. These are as follows:

  • Send your landlord a dated letter by registered or certified mail and request a return receipt. Outline the necessary repairs and keep a copy of the letter for yourself. Before delivering the letter, you should also ensure you are current with your rent.
  • After your landlord receives your letter, they should diligently try to correct the issue within a reasonable amount of time. If within seven days of receipt of the letter, the landlord has not tried to remedy the condition, you may have to send a second letter if you delivered the letter yourself. If you sent the letter by registered or certified mail and you received a receipt, you may not have to take this step.
  • If your landlord has not repaired the condition after taking the above steps, you may have the right to take legal action. Before doing anything, you should speak with a Houston real estate lawyer who can advise on the next steps to take.

The Right to Be Free From Retaliation

After you make a good faith complaint against your landlord, you have the right to be free from retaliation for six months from the date of the complaint. Your landlord, however, still has the right to evict you if you intentionally damage the property, fail to pay your rent, or threaten your landlord’s safety. If your landlord does not make necessary repairs, you do not have the right to withhold rent unless the condition negatively affects your safety or physical health. If you do withhold rent and that exception does not apply, your landlord may have the right to file a lawsuit against you.

Rights Regarding Security Deposits

Most landlords require tenants to pay a security deposit that will cover any necessary repairs upon the termination of the lease or a failure to pay the last month’s rent. If the last month of rent is paid and there are no necessary repairs, you have the right to receive a full or partial portion of your security deposit. If your landlord withholds part or all of your security deposit, they must provide you with a valid reason.

When you move out of your unit, state law requires you to provide your landlord with a forwarding address so you can receive your security deposit. Within 30 days, your landlord must then return the deposit, minus any deductions for damages. If the landlord does not return a full or partial deposit, they must provide you with a full itemized list of the deductions made, along with a complete description of any damage.

Did Your Landlord Violate Your Rights? Our Real Estate Lawyer in Houston Can Help

As a tenant, you have many rights. If your landlord has violated them, our Houston real estate lawyer at Integrity Law Group, PLLC, can advise on your situation and the next steps to take. Call us now at (832) 280-9197 or fill out our online form to schedule a consultation and learn more.

An Overview of Estate Planning in Texas from Estate Planning Attorneys

Who needs estate planning in Texas?

Estate planning is an important tool for helping you decide who will receive your property and how to distribute your assets after death. Estate planning also covers certain requirements in the event you become incapacitated, such as who will make medical or financial decisions on your behalf.

Essentially, anyone with property, a business, a minor child, or concerned about possible incapacity should inquire about estate planning. If you have any valuables that you want a specific person or organization to receive when you pass away, then estate planning is significant enough to inquire about.

What are the Advantages of Estate Planning in Texas?

There are several legal documents attorneys can draft to set out your wishes and appoint the person you choose to distribute your property as well as make decisions on your behalf if you become incapacitated. Click here to learn more about estate planning for incapacity. 

There are many benefits to planning ahead. Below is a list of a few of the advantages of Estate Planning in Texas:  

  • Choose the person you trust to carry out your wishes,
  • Distribute your assets to the beneficiaries whether individuals or organizations of your choice
  • Minimize future expenses to the estate and leave more money for your loved ones,
  • Ease the burden on your beneficiaries,
  • Outline financial and medical decisions in you become incapacitated,
  • Minimize tax burdens, and
  • Establish Trustees over your estate. 

What if I choose not to have a will?

When you die without a will, also known as intestate succession, the State of Texas decides how your assets are distributed. The Texas Estate Code Section 201 lays out the applicable rules on how property is distributed without a will.  

The Default Texas Rule for Intestate Succession for Heirs:

Depending on your marital status and whether you have children, Texas lays out how your assets are distributed. 

Below are different scenarios for single individuals:

  • Single with no children, parents, and no siblings – If you’re single and have no children, your estate will pass to your parents equally. 
  • Single with no children, no siblings, and one parent – If you only have one parent alive, and no siblings, your estate passes to your living parent. 
  • Single with no children, siblings, and one parent – and If you have one living parent and siblings, half of your estate passes to your living parent, and half is divided among your siblings and deceased sibling’s descendants.
  • Single with no children, no parents, and siblings – If both parents are deceased, your estate passes to your siblings and deceased siblings’ descendants.
  • Single with no direct descendants – If no living parents, siblings, or deceased sibling’s descendants, half of your estate passes to your mother’s side and half passes to your father’s side. If either side of the family is all deceased, the estate passes to the surviving side.
  • Single and no heirs – The estate passes to The State of Texas if neither side of the family is alive.
  • Single with children – If you’re single and have children, your estate passes to your children equally. If you have grandchildren, they will not inherit your estate unless their parent (your child) has passed away. 

Below are different scenarios for married couples:

In Texas, upon divorce or death, the presumption is all property acquired during the marriage is community property. To learn more about community property, click here.

  • Spouse with no children – Your spouse gets 100% of your community property.
  • Spouses and children who are also your spouse’s children – Your spouse gets 100% of your community property.
  • Spouse and stepchildren of your spouse – ½ of your community property passes to your spouse and the other ½ passed to your children. 
  • Spouse and parents – Your spouse gets 100% of your community property.
  • Spouse and siblings w/no parents –  Your spouse gets 100% of your community property.

Separate Property is property owned before marriage, acquired during marriage by gift, inheritance, or recovery for personal injury except for the loss of earning capacity during marriage. 

  • Spouse with no children -Surviving spouse inherits ½ separate personal property and the remaining ½ to parents and siblings.
  • Spouse and children who are also your spouse’s children – Spouse gets ⅓ separate personal property and life estate to real property. Children will inherit everything else.
  • Spouse and stepchildren of your spouse – Spouse gets ⅓ separate personal property and life estate to real property. Children will inherit everything else.
  • Spouse and parents – Spouse gets all your separate personal property, ½ of your separate real property. Parents inherit everything else. 
  • Spouse and siblings w/no parents –  Spouse gets all separate personal property and ½ of real property. The sibling inherits everything else. 
  • To learn more about the Texas estates code and property division upon death, contact us for a consultation here. 

To learn more about the Texas Estates Code and property division or distribution upon death reach out to an Integrity Law Group PLLC attorney.

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