b44c36fa

Deeds, Titles, and Title Insurance – What Does It All Mean?

Sat, 17 Apr 2021 05:17:23 GMT

Deeds, Titles, and Title Insurance – What Does It All Mean?

In the realm of real estate transactions, there is nothing more confusing to most people than two commonly used terms: title and deed. Toss in the use of title insurance as part of a property sale transaction and the picture only becomes less clear about the difference between title and deed. Real estate lawyers in Bryan TX advise that there are different types of deeds, each one serving a different purpose in determining the legal ownership of property; however, there is only one property title that shows legal ownership.

Deeds and Titles – What Is the Difference?

Though they seem like one in the same, deeds and titles are different documents that serve very different and significant purposes. Under the most simple and normal circumstances, the same person (or couple if married) will be listed on both documents.

Title – This is the legal relationship between persons and property; it shows ownership that no one else can claim and controls, possesses, and disposes of the property. The holder of the title has the right to use the property as desired and legally allowed. It is a document used in registered land systems based on the Torrens system where the government keeps track of all encumbrances that affect a property and guarantees all encumbrances are listed on Certificate. According to Bryan TX lawyers, ownership is evidenced by a deed, probate, or court order.
Deed – This document is the means by which the title is transferred from one owner to another, the channel through which rightful ownership passes. A deed must be in writing, properly executed, and recorded in land records; it is evidence of a title.

Different Types of Title Forms

This document that serves to show the names of the real property owners comes in different types according to lawyers in Bryan Texas, each of which serves a different purpose.

Tenancy – Each person on title owns interest in the property. A tenant can sell only their interest in the property but not all of the property. Upon death, interest in a property transfers to heirs.
Joint Tenancy – Every person listed on the document owns the property jointly. Upon death, interest transfers to other owners who have the right of survivorship.
Tenancy by Entirety – Used in states where property is owned by a husband and wife acting as one unit, both having full and undivided interest. Upon death, individual interest can only pass to heirs if both sign the deed.
Community Property – This is used in community property states where both spouses are equal partners and share equally in everything acquired during marriage. There is no right of survivorship and a will is only way to determine what happens to a spouse’s share of the property.

Different Types of Deeds

Just as there are different types of titles, there are also different types of deeds.

General Warranty – Seller guarantees the right to transfer title, that the title is free and clear of any encumbrances, and the seller will handle any liens or encumbrances that appear or pay buyer for any losses incurred if the title cannot be established as clear and transferable. Covers from first sale of house to current sale and this does allow title insurance to be purchased.
Special Warranty – Only covers the period of time that the seller had the title; seller would be responsible for any liens or encumbrances. The seller is not responsible for any time frame other than when owning this property.; does allow for the purchase of title insurance
Deed Without Warranty – This document states that the seller has title; however, there are no guarantees about liens and the buyer would have to pay for any legitimate liens.
Quitclaim – There is no guarantee at all, the seller only conveys the sellers' interest in the property at the time of the sale. This form is not insurable for a 25-year statute of limitations time frame.
Deed of Trust – Also known as mortgage; this document provides the lender/lienholder with remedies if borrower defaults as a form of protection for the lienholder. A mortgage has two parties, the borrower and the lender; a deed of trust has three by adding a trustee. The borrower is the trustor, the lienholder is the beneficiary plus the trustee (usually a title company) who holds title until the loan is paid.
Promissory Note – This is the document which the buyer signs with a promise to repay money borrowed.

Though both documents typically state complete ownership of a property, real estate lawyers in Bryan TX agree that it is important for the status of any deed to be confirmed before finalizing any purchase agreement.

Quitclaim and Warranty Deeds

Where issues of ownership get a little complex is with different deed types, each meaning something specific in relation to the ownership and use of property.

Quitclaim Deed – Frequently mistaken as quick-claim and assumed to mean a faster real estate transaction, that concept could not be further from the truth. Quitclaim means that the seller states upon signing over ownership of a property that they may or may not actually have a legal claim on said property – but if they do, somehow, they are agreeing to give it up. Per lawyers in Bryan TX, this document is useful when it is essential to clear other from existing deeds so a clean sales transaction can happen, and a legal deed can then be transferred to the new buyer. Without it, someone could conceivably approach a new owner and claim they never agreed to give up their portion of the claim, which would likely bring about a legal situation.
Warranty Deeds – Preferred in a typical real estate transfer of ownership, warranty deeds state that the current claimant has not done anything that compromises their actual ownership of a property (such as default on the mortgage), and the legality of their claim to that ownership. Sellers can use a General Warranty that they are legal owners of the entire property and are unaware of any previous claimants to that right; they can also use a Special Warranty stating that they are not aware of anything that would indicate there are other parties holding interest in the property, though such individuals could exist.

Because ownership, investments, right to use, and many other property details can change over the years, researching the legal status of a property’s deed requires some detailed work. Assuming it is safe to proceed without verifying this information might be appropriate in some cases yet be problematic in others. This is one of the specialty areas of law that real estate lawyers in Bryan TX handle. Prudent real estate buyers should consider enlisting the services of an attorney to prevent future ownership-related difficulties.

Real Estate Sales Need The Help of Lawyers in Bryan TX

Call Hoelscher, Lipsey, Elmore, Poole & Turnbill, P.C.. at (979) 314-0065!

Learn About Residential Real Estate and Conflict Resolution

Sat, 17 Apr 2021 05:13:15 GMT

Learn About Residential Real Estate and Conflict Resolution

Buying a house is part of the American dream, an achievement that people work toward for years. After finding the right property, the buying process can sometimes turn that dream into a nightmare when there are conflicts between seller and buyer. To appease both sides and allow the sale of a home to be finalized, real estate attorneys in Bryan Texas are an essential part of the procedure. Enlisting the services of an experienced lawyer can make the difference between buyers actually realizing the dream of owning a home – or having to pass it by and continue the search.

Common Home-Buying Conflicts

Since most real estate transactions commonly handled by attorneys in Bryan TX are on pre-owned homes, disclosure by the seller is the most important recourse a buyer has to know the condition of the home being considered for purchase. Sellers are required by law to disclose any known problems with the building, grounds and even township or zoning issues that could affect both purchase and living conditions. Disclosure conflicts account for a large portion of the disagreements encountered when negotiating a real estate sales contract.

Other common issues during the buying and selling of residential properties are disagreements over appraisal value of the home as well as discrimination that may be business, social, race, or religion based. Sales due to a divorce present unique challenges, especially when each party to the divorce acts independently of the other and prevents any real progress of the sale. Document fraud relating to mortgages, titles, realty contracts, and property liens can also be encountered with the sale of a residence.

Real Estate Conflict Resolution

The whole purpose of a real estate contract is to avoid conflict between the buyer and seller. Such contracts are written to include any unclear areas and are usually documented before the sale with any and all conditions of the sale, known disclosures, and a penalty for sellers if something is has not been as stated within the contract.

Real estate contracts are carefully written by attorneys in Bryan and reviewed again when changes are made specifically for the purpose of conflict resolution. Honest, reasonable people working with reputable real estate agents should be able to let any statements within the contract dictate how conflict will be resolved. Issues typically occur when either party will not accept previously-decided agreements when issues require more significant intervention.

Legal Intervention in Conflict Resolution

When a disagreement cannot be resolved through what has been stated in a real estate conflict, buyers and sellers have two choices: walk away from the deal or pursue a legal remedy that may include the following:

Injunction – A court order for one party or another to either do or not do something regarding the real estate contract that is the source of the original disagreement.
Monetary Consideration – Payment to compensate the buyer for some action stated in the contract that is not being done or to cover any damages resulting from an unresolved conflict at the time of sale.
Court Sale – A court-ordered sale of the home or property where creditors or other parties interested in the sale of the property are first repaid from any sale proceeds.

The extra headache such disagreements can bring when buying a home can make the whole process difficult for prospective homeowners. Conflict resolution seriously requires the experience and knowledge of real estate attorneys Bryan TX to resolve conflicts and protect the interests of home buyers through the entire transaction.

Important Information About A Living Trust

Sat, 17 Apr 2021 04:51:13 GMT

Important Information About A Living Trust

It is commonly understood what the purpose of a Last Will and Testament does, especially if there are assets to leave to family or friends. A living trust can be equally valuable, although it often takes the help of law firms in Bryan Texas to grasp the purpose of such a document. Both have similar functions but each is used somewhat differently. When planning an estate, it is important to learn the difference between these two documents to see how a living trust can offer current protection, while a will protects beneficiaries later on.

Living Trust and Will – The Differences

Both a living trust and a will are legal documents that allow individuals to state how property or wealth will be handled after the death of that individual. One of the first perceivable differences between the two is that a living trust is not required to be probated through a court. Probate is the legal process of reading a will after that person is deceased, determining the worth of the deceased’s estate, and then dividing the estate as documented by the deceased. It is time-intensive and executors of a will can charge a fee for time and service that must be paid from the proceeds of the estate, which does reduce the value of the estate that can be awarded.

A living trust does not have to go through probate and the distribution of assets that have been designated by a valid will can be accomplished in a much shorter period of time. Without the cost of probate, the estate is usually larger than when processing through probate court. Any person who is considering having a living trust should learn the details of this type of estate planning to see if it appears to be the right thing to do. Law firms in Bryan TX can help by explaining all of this to someone looking at estate planning and advise if a living trust would be useful.

A Living Trust – The Benefits

As mentioned above, the chief advantage of a living trust is that estate owners can plan the distribution of estate assets ahead of time, which will reduce the time and effort required to do the same thing upon reading a last will alone. Legal fees are less, the whole estate dispersal process is quicker, and the person or persons drawing one up can more easily revise a living trust without having to create a new will.

Property ownership can be jointly divided between estate owner and benefactors so that ownership transfers more easily upon the death of the trust owner, making the entire inheritance process more easily handled. For those with a large estate, this can be very beneficial.

A Living Trust – The Difficulties

There are not many difficulties with a trust, perhaps the correct phrase is additional action that needs to be taken when putting one’s assets into a living trust. Assets that are currently in banks, stocks, bonds, and anything similar needs to be transferred by separate paperwork to the estate. Insurance policies, IRA’s, 401-k’s and the like must name the estate as the beneficiary rather than any individual person. All of this takes extra paperwork and time as well as the expertise of a law firm in Bryan that is familiar with this type of estate planning – which is why the initial cost to set up a living trust is so much greater than just writing a will.

A living trust can be a great option for individuals, couples, or families with large estates and offers the side benefit of allowing the designated representative or successor trustee to assume estate handling if the owner of the living trust should become incapacitated without the court intervention that would be required even with a durable power of attorney. Law firms in Bryan TX caution that consultation with qualified estate attorneys should be done before deciding if a living trust is the best estate path to pursue. If it is, a living trust may indeed be a great tool for estate planning purposes.

Do You Know How A Disability Lawyer Can Help You?

Sat, 17 Apr 2021 04:48:57 GMT

Do You Know How A Disability Lawyer Can Help You?

There are nearly 63 million Americans receiving disability payments because of being legally disabled and unable to work. Social Security disability is one of the benefits available to most U.S. citizens; however, the process involved to obtain this benefit can be difficult. Due to a number of fraudulent or unqualified claims, the process of applying for Social Security benefits for the disabled can be lengthy and confusing. This complexity is why many applicants seek the help of lawyers in Bryan Texas who are experienced with the process and can help clients receive a favorable outcome.

The Complexities of Filing for Disability

The reality of the disability process is that most applicants are initially denied disability status and payment; up to 70% of all claims are turned down for various reasons. Most of the time it is due to either the submission of incomplete or incorrect forms or the provided information included as evidence of a disabling condition does not actually prove the claim or at least prove that an applicant cannot work at any job.

Application review can take months, even rejected claims, which often causes applicants to become confused and unsure of how else to proceed to actually receive social security disability benefits. When reaching this point of frustration, many applicants seek the services of a lawyer in Bryan TX who is experienced in handling social security disability claims.

What Can a Disability Lawyer Do?

The important value that skilled lawyers in Bryan can provide to a client seeking disability benefits is an understanding of the whole filing process as well as knowledge of what documentation is required to attain disability status in order to claim available benefits based on an applicant’s medical and circumstantial history. Once all of the corroborating information has been gathered, attorney and client will sit down and decide on the best way in which to try to handle either a reapplication or appeal.

Rejection and Reconsideration – Time to Get a Lawyer?

Upon initial rejection, applicants normally have 60 days in which to file for application reconsideration, at which point a different claims processor will review the application and supporting material. This can also take months and for the most part acceptance of a claim by reconsideration is even slimmer than during the initial application process. After a second rejection, there is no other recourse than to seek the help of a disability lawyer in Bryan TX.

Based on each individual case and an applicant's circumstances, an attorney can review the application, research the history of the claim, and then decide one of three things:

Evidence does not support a claim for Social Security disability benefits.
A more complete application should be submitted.
An appeal should be filed and a hearing requested.

Filing an appeal must be done within 60 days of the last rejection, so applicants must not delay in finding an attorney to initiate the required process. After determining whether the plan is to reapply or appeal, attorneys can then guide clients through the rest of the process, hopefully resulting in an approval and award of disability status and entitlement to disability benefits. Disability lawyers in Bryan prepare for such hearings just like any other hearing; evidence must be gathered to support the claim being made to prove the case and then it must be presented in such a way to support the claim for disability status.

Before assuming that nothing else can be done after a denial of Social Security disability benefits, an applicant should seek the help of qualified disability lawyers in Bryan Texas. Many times success is still possible, whether through reapplication or a hearing, if the help of disability attorneys is obtained to handle the process through to a successful conclusion!

Need The Help of Lawyers in Bryan Texas?

Call Attorneys Hoelscher, Lipsey, Elmore, Poole & Turnbill, P.C. at (979) 314-0065 To Help With Your Pending Case!

Personal Injury Lawsuits – What Is Involved?

Sat, 17 Apr 2021 04:42:08 GMT

When someone sustains an injury that might have been caused by the actions of another person, lawsuits may become involved if settlement cannot otherwise be reached. Law firms in Bryan TX see many personal injury cases every year as these are some of the most common types of lawsuits currently being filed. Handling such a case involves more than just filing a complaint and convincing a judge and/or jury to award the injured party due compensation. Personal injury cases can be lengthy, complex, and exhausting to all parties involved, which makes it important to understand the process and what it means to anyone considering filing this type of complaint.

To File or Not to File – That Is The Question

A person who has been injured due to the negligent actions of any party retains the right to seek the services of a law firm in Bryan Texas to file a complaint against that party for both property damage and injury consequences. Negligence can apply even if the incident occurred on property when the owner was not present; all that is required to consider filing a personal injury lawsuit is for the occurrence to have happened as a result of negligence on the part of the owner and or custodian of the property. Damages commonly looked for from a personal injury lawsuit include payment of both past and future medical bills including any necessary rehabilitation, lost wages that occurred as a result, and consideration for any pain and suffering.

An injured party often works with any applicable insurance carrier to handle settlement of the claim. If it can be handled this way, that is a good course of action. When the injured party or claimant is not satisfied with the settlement being offered, it is time to seek the help of a qualified attorney to discuss the incident to determine if there is a valid case to bring before the court. Most law firms in Bryan that handle personal injury claims will interview potential new clients to discuss details of the case, gather some information, and suggest whether or not there appears to be a valid reason to file a lawsuit. If the answer is affirmative, then the process begins with a client signing an agreement with the attorney and work on the case begins.

A Personal Injury Lawsuit – Goals and Challenges

The goal of any personal injury lawsuit is threefold: prove negligence on the responsible party, prove that injury did occur as a result of that negligence, and receive compensation that is appropriate for the damages that are being claimed. All of this involves the experienced work of law firms in Bryan Texas who regularly handle such cases and know how to prove negligence, injuries, and damages.

Of course, the work of the defense will be to disprove any of the involved areas: there was not any negligence on the part of the responsible person, injuries did not result from the involved incident, and/or the damages that occurred were not valid or did not happen from this particular incident. Presenting the best case to convince a judge and jury to rule in favor of the injured party involves a great deal of work: investigation, interviews, and evidence-gathering become key, as does interpreting the legal system’s way of viewing certain events in the three key areas. It is a lengthy process for any injured person who may still be dealing with medical or financial issues as a result – and definitely one that needs the services of qualified and experienced attorneys with a law firm in Bryan TX.

A Personal Injury Lawsuit – Successful Conclusion

Despite the challenges involved, it is often easier to receive a successful verdict than a loss. Working in favor of a claimant is that a decision is based on guilt beyond a reasonable doubt. This means it can often place a greater burden on the defense to prove beyond that reasonable doubt that negligence, injury, and subsequent damages were not a result of the incident in question. Most personal injury lawyers will not take a case that does not have clear evidence in most if not all of the key areas for the court to rule in favor of the claimant.

For those who have suffered any physical consequences as the result of another person’s negligence, there may indeed be sufficient evidence to file a personal injury lawsuit. Law firms in Bryan Texas that regularly deal with these cases can help injured parties receive a favorable judgment and the necessary restitution to help return to a more normal lifestyle.

Injured From Another Person’s Negligence?

Choose Hoelscher, Lipsey, Elmore, Poole & Turnbill, P.C. as The Law Firm in Bryan TX To Help You!

How To Avoid Fair Housing Complaints When Renting Property!

Sat, 17 Apr 2021 04:39:25 GMT

How To Avoid Fair Housing Complaints When Renting Property!

Owning rental properties will be profitable when being leased by tenants; empty units will not make any money. The local rental market is booming for many reasons, including the always-present student tenants. Yet some properties remain harder to fill, perhaps creating certain leasing situations that should be avoided. As part of the leasing process, attorneys in Bryan Texas alert owners that interviewing prospective tenants must be done within compliance of the Fair Housing Act to avoid any accusations of discrimination. Read the information presented below about applicable equal housing regulations and fair housing laws to avoid any problems.

Fair Housing Laws

The Federal Fair Housing Act exists to prevent discrimination against any individual who may be interested in renting a dwelling that has been made available to the public for rent. It protects against race, sex, and age discrimination and it prevents singling out handicapped or disabled individuals as well as any religious affiliation. It basically says that rental cannot be refused to anyone based on such adverse criteria. There are many more housing laws that must be recognized as well, including the Americans with Disabilities Act, the Age Discrimination Act, and the Civil Rights Act among others. There are laws at both federal and state levels, so it is important for property owners to consult with attorneys in Bryan TX who know these laws and their meaning.

Applicant Screening

The thorough screening of applicants is an important part of any property rental business – and yet it is the easiest one to cause discrimination problems. On one hand, no landlord wants to rent a unit to a tenant who will create problems; however, it is illegal to assume that potential renters can be classified by belonging to a certain group of individuals that should not be considered. So it is essential for those owning rental property to have a rental application that asks only the legally allowed questions that could be pertinent and avoid those that are deemed discriminatory by fair housing laws.

Attorneys in Bryan TX who help clients handle rental properties advise that applications may include rules of occupancy and include questions about prior evictions, credit and financial history, reason for leaving current living quarters, and others along those lines. Personal request about substance use, mental health, family status including marriage status, and other such ones are considered discriminatory.

Since application screening is such an important part of finding a good tenant, the best recommendation is to work with Bryan attorneys when creating an initial application, rules of occupation, and rental contract – and then use only those forms when seeking new tenants. If any applicant or resident requests a change to the rules of occupancy or any other detail outlined in the application or contract, it is recommended to return to a lawyer for help in correctly modifying paperwork so it legally reflects changes in a way that protects both parties.

Showing Property, Rules of Occupancy, and Evictions

Though all of the above topics pertain to different parts of a landlord-tenant relationship, per the advice of Bryan TX attorneys they should always be handled to adhere to Fair Housing laws. In a nutshell, it is never legal to provide different treatment to any person for any reason; this applies to showing a property and its different features, creating and/or changing rules to suit certain tenants, or having to evict tenants.

Any person who feels that discrimination has happened even in the simplest way can file a Fair Housing complaint; this makes it essential to follow the same procedures with every applicant, every accepted tenant, and every eviction as the occasion arises. Landlords who do this will then remain protected by law for actual tenant issues and even evictions that are based solely on non-discriminatory concerns.

To prevent any financially damaging legal headaches or negatively impact a landlord's reputation and ability to lease properties, attorneys in Bryan Texas advise that every property owner have a thorough knowledge of Fair Housing law. Seeking the services of an attorney in Bryan who is familiar with this information could be the best way for a rental property owner to avoid any complaints of discrimination in the rental process.

Want to Avoid Discrimination Complaints As A Landlord?

Hoelscher, Lipsey, Elmore, Poole & Turnbill, P.C. – Attorneys at Law Can Help You!

Important Information About Buying a Second Home!

Sat, 17 Apr 2021 04:35:53 GMT

Important Information About Buying a Second Home!

Despite a depressed housing market over the past few years, interest in buying second homes and investment properties has held its own. Real estate lawyers in Bryan Texas advise that while it is definitely a buyer’s market even with investment homes, it is important to know that the market continues to move. When is the right time to invest? Following are some suggestions for prospective buyers of vacation or investment homes to consider in helping make such a decision.

Why Do You Want A Second Home?

The reason for getting another property will certainly dictate where the property is located and how much will be spent. A home for personal use may be located in an area preferred and enjoyed by the owner, while strictly investment real estate located where popular tourist and vacation areas are desirable may be a better choice.

Decisions such as amenities, condition, size, and style can be different when choosing personal property versus investment property. It becomes a question of what is important – personal vs. investment use – which will determine how much to spend and make it essential that the property’s purpose be known ahead of time. Even if used in both roles, this is at least a starting point to determine how to satisfy both situations.

Affordability, Financing, and Property Tax

Purchasing a second home is quite a bit different than purchasing a primary residence. Before starting to look at homes, you need to analyze finances and available assets, how much can comfortably be borrowed, and what lending rates are desired and obtainable; consider creative financing options. Working with experienced Bryan TX real estate lawyers can help a potential buyer decide if that dream house is affordable and if not, what can be afforded.

Real estate lawyers in Bryan point out that no property purchase is without extra charges – property taxes, realtor and closing fees, and many other potential fees – so be sure the complete amount can be financed. If the residence will not be rented most of the time, is the cost still comfortable. If it is not, then now may not be the right time; it may be better to wait for a better time or price rather than risk losing the second property and having to sell it at a lower price than the original purchase price.

Don’t Forget Income Tax

Besides property taxes, owning a second home may involve some additional income tax considerations for the owner. Consultation with a real estate lawyer can help a potential buyer look at possible income tax considerations. Second homes do not offer as many tax deductions even if only used for personal use. A property that is rented produces income and must be filed as such, with income tax needing to be paid.

The point here is that buying a second home – whether for a get-away retreat or an investment – involves a slightly different process than buying a primary residence. Real estate lawyers in Bryan TX can help walk a client through the entire process of finding a second home that will meet all desired goals!

Hoelscher, Lipsey, Elmore, Poole & Turnbill, P.C. e - Real Estate Lawyers!

Don’t buy a second home without good legal help! Call Hoelscher, Lipsey, Elmore, Poole & Turnbill, P.C. at (979) 314-0065 for sound purchasing advice!

Bankruptcy – Is That My Best Option?

Sat, 17 Apr 2021 04:32:46 GMT

Bankruptcy – Is That My Best Option?

Today’s weak economy has created difficult financial conditions for many individuals over the past few years. Jobs are being lost along with healthcare benefits which is putting even home living arrangements at risk. As bills stack up and the choice becomes keeping food on the table or paying bills, it is easy to understand how individuals and families can get into financial straits. For many people, bankruptcy seems as if it is a viable option when things get that bad; however, lawyers in Bryan Texas caution that it is important to understand how the process works and determine if it is the best option before filing for bankruptcy.

What Is Bankruptcy?

Bankruptcy allows an individual or company to receive Federal protection against lawsuits as well as other money collection efforts and penalties from lenders. It gives debtors a chance to reorganize finances and liquidate property to pay off debt if necessary. Some items may be excluded from repayment depending on the type of property and its value, which is considered a dischargeable debt.

For those who qualify, it is a useful way to recover financially; however, it should not be considered as a means to avoid financial obligations. Bryan TX lawyers advise bankruptcy does provide easier repayment terms to help a debtor avoid payment penalties and fees; it also helps avoid litigation to recover monies that are owed.

Different Types of Bankruptcy

Bankruptcy law is divided into various chapters, each based on different qualifications and whether the filing party is an individual or a business. The two most frequently filed forms are Chapter 7 and Chapter 13; lawyers in Bryan typically see individuals and small businesses exercising these two options.

Chapter 7 – Available to individuals or businesses, Chapter 7 involves the liquidation of collateral property to reduce debt; unsecured property is usually excluded. This option is available to those who cannot afford to start a regular, protected payment plan due to lack of income for whatever reason, as those with income usually file Chapter 13. Chapter 7 is usually a short-term resolution of 3 to 6 months.
Chapter 13 – This type of bankruptcy differs from Chapter 7 as the individual or business has some type of income and wants to pay off any debit either by liquidating property as a means of repayment or retain property in order to establish a feasible payment schedule. Debt limits do apply and missed or late payments on secured property can be included in the payment plan to avoid repossession. Chapter 13 usually involves a 3 to 5 year resolution.
Others – Chapters 10, 11, and 12 are bankruptcy categories that are much more specific as to which individuals and companies can file this way. These categories also apply to those with more owed debt and unsecured property than the limits in Chapters 7 and 13.

Certain Bankruptcy Considerations

When filing for bankruptcy, each type requires different handling regarding property liquidation, payment determination, and other legal matters. Loans, liens, different types of ownership and debt, and determination of included and excluded property must be identified prior to filing in order to choose the best option; therefore, the services of lawyers in Bryan TX is highly recommended to correctly interpret all such details.

When overwhelmed with debit, bankruptcy can allow for debt to be restructure and payments to begin again. Bankruptcy lawyers in Bryan Texas offer advice to clients about the best way to find relief from financial difficulties with an appropriate bankruptcy plan. It does offer a way to repay debt without the pressure of lawsuits or additional penalties; it is definitely not a path to walk away from money that is owed. When applied to the appropriate circumstances, it may indeed be the best choice for many people facing financial difficulties.

Hoelscher, Lipsey, Elmore, Poole & Turnbill, P.C. Can Be Your Bryan Texas Lawyers!

Looking for lawyers in Bryan TX? Call Hoelscher, Lipsey, Elmore, Poole & Turnbill, P.C. e at (979) 314-0065 for valuable legal service from experienced attorneys!

Do You Understand The Different Tort Categories?

Sat, 17 Apr 2021 04:24:10 GMT

Do You Understand The Different Tort Categories?

Civil law is a branch of the United States legal system by which non-criminal wrongdoings are judged. Lawyers in Bryan Texas who handle civil trial settings consider an action to be non-criminal if it is based on violations or offenses committed because of some problem in the interpretation of verbal disputes, contract disagreements, property ownership or damages, most family law, etc.

Criminal acts are considered either a felony or misdemeanor based on the crime committed, its severity, and its possible results. In a similar fashion, civil law dealing mostly with injury and accident is divided into three tort categories that are distinguished by cause and results: intentional, negligent, and strict liability.

Intentional – An act to knowingly and willfully cause harm or injury to a victim is a definition of an intentional tort. College Station civil trial lawyers advise that some common examples of intentional actions include: assault to cause injury; intimidation or fear whether physically or non-physically; and battery which involves actual, physical contact with the intent to cause injury. An intention to do emotional or psychological harm is also considered an intentional tort.
Negligence – Negligence usually involves the breach of some type of duty that causes harm or injury even though that was not the intent of the original action. A Bryan TX lawyer who typically handles such cases would advise that this category of tort could include: accidental injury such as a slip-and-fall incident, carelessness resulting in injury or damages such as medical malpractice, and the results of acts that were unexpected or misjudged.
Strict or Absolute Liability – The third tort category is strict liability; it is an action that is considered to be inherently hazardous and should involve extraordinary measures to prevent injury or damage. Any activity with hazardous material or the involvement of wild animals such as at a zoo or circus would fall into this category. The fact that a visitor to a zoo is injured by an animal means that liability automatically rests with the owner of the property because a zoo containing wild animals must take out-of-the-ordinary measures to protect visitors and employees. Strict liability torts arise from what civil trial lawyers advise is often a no-fault situation – it doesn’t matter who was at fault, injury or damage happened.

In both intentional and negligence torts, liability is usually placed on the person who caused the accident or injury, with intentionality being the determining factor between the two. Of course, strict liability is self-explanatory by its name and liability is assumed in most cases with causation not a factor.

More About Torts

Interestingly, it may not be commonly known except by College Station lawyers that individual states create the laws – both common law through judges and statutory law through legislators – that are handled as tort law. A tort may involve a criminal act but certainly not always. This area of the law is intended to provide recovery of damages such as loss of earnings, medical expenses, and pain and suffering to name a few. Payment of damages is hoped to act as a deterrent for such crimes being committed in the future.

Lawyers in Bryan TX stress the importance of understanding basic facts about torts and tort law. By knowing more about this, it can help a person wronged by someone’s actions be able to take the proper steps to recover any damages that occurred as a result. It is impossible to plan ahead for every situation; however, understanding liability potential before something happens can help make better decisions at that time.

Let Hoelscher, Lipsey, Elmore, Poole & Turnbill, P.C. Be Your Bryan TX Lawyers!

Call (979) 314-0065 And Set Up An Appointment Today!

Estate Planning – What Should A Will Avoid Including?

Sat, 17 Apr 2021 04:20:36 GMT

Estate Planning – What Should A Will Avoid Including?

A last will and testament is a valuable document when correctly planned. It can alleviate many disagreements about money and property and help ensure that private wealth is divided as desired. Attorneys in College Station TX recommend that anyone without a will should execute one while there is plenty of time with the help of a good estate lawyer. It sounds easy to list valuables and designate who should receive them, yet the process is not that simple with a number of exclusions to handle and other rules about property distribution to consider.

Common Mistakes and Assumptions To Avoid

When a last will and testament is not properly written, the entire document may be null and void or cause situations where the court must divide the property. Knowing what can – and cannot – be included in a will to make the entire document legal should be followed as it is written to prevent such problems from happening.

Funeral Instructions – Surprisingly, many people put funeral instructions in a will without realizing that such information is usually read after the burial which leaves no way for any special instructions to be known when they would be needed. Any directives should be documented in something like a living will.
Pets – Estates left to pets often create legal problems, as pets cannot own property. Better options are to leave the pet in the care of a trusted person or facility and provide property or money for such care. In some states, a trust can be created with a pet as the beneficiary.
Care of A Special Needs Person – This information should be included in a trust with the person as the beneficiary. A Special Needs Trust specifically entails the documentation of the type of care that person requires and other arrangements that should be made as well.
Gift Conditions – Property gifted with certain conditions such as 'at 21st Birthday' or 'graduating from college' is acceptable. Beyond these kinds of conditions, it is almost impossible to enforce conditions or ensure gifts are given once any parameters have been met.
Avoiding Taxes or Probate – Wills do not avoid taxation and are subject to probate before property is released. If reducing taxation and avoiding probate is a goal, trusts are a better option and should be discussed with experienced estate attorneys in College Station Texas.

Property That Cannot Be Included in a Will

Certain property is subject to specific dispersal rules, even if it is written into a will to be handled a different way. For many of these situations, trusts will usually provide a better option.

Beneficiary Already Named – This includes but is not limited to stocks, bonds, life insurance, and retirement proceeds, Payable-on-Death accounts and living trusts should not be included in a will. Trust proceeds disburse before wills and beneficiaries can be changed beforehand.
Jointly Owned Tenancy Property – Any tenancy property that is co-owned is immediately granted to the surviving tenant, regardless of what a will may indicate. Situations such as this should be handled ahead of time to ensure that property is distributed as desired.

Certain things should not be included in a will to ensure proper dispersal of property. Seek the help of attorneys in College Station to explain the differences between wills and trusts and more importantly, advise on the best way to see that money and property is disbursed as desired and certain estate handling problems avoided.

Call Hoelscher, Lipsey, Elmore and Poole – Estate Attorneys in College Station!

Let experienced College Station attorneys handle your will – call (979) 314-0065 today!