We put these FAQ's together so you will understand when you should seek the advice of an experienced attorney. Many believe it is cheaper to use free downloadable real estate release of lien forms, free lease agreement forms, free downloadable lease agreements, free samples of rental agreements, or residential lease templates, and any other "free," downloadable form but, please consider the cost of rectifying any simple mistake.
Real Estate FAQ |
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Why should I employ a lawyer when I buy or sell a house? |
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Buying a house is normally the largest investment anyone will make in their lifetime, and yet they often assume it is a straight forward transaction, and rely on standard forms offered by the real estate agent or broker. They do not realize the extreme risk they are running, and as with any major investment, they should seek professional help and advice prior to making any commitment. Whether you are buying or selling a house or other real estate, a lawyer can safeguard your interests, ensure the transaction is completed properly, and even save you money by negotiating on your behalf, helping you contact and negotiate with lenders, and prevent any circumstance in which you could leave yourself open to litigation at a later date. |
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When should I consult an attorney if I am involved in a landlord / tenant dispute? |
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The advice of an experienced attorney at the beginning of the dispute might prove indispensible to your case. He will be able to translate any lease agreement, and advise you of your position in law. He can then help you negotiate a settlement in a timely and cost effective manner. |
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Why not use online facilities to download real estate release of lien forms, free lease agreement forms, free downloadable lease agreements, free samples of rental agreements, or residential lease templates, or any other "free," downloadable form? |
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The answer is quite simple: These all assume one case fits all and because each case is different, they may not cover everything you need included to safeguard your interests, leaving you open to litigation later. Lawyers make a lot of money settling disputes, so why not spend a few dollars more in the beginning to make sure you get it right the first time? |
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Probate FAQ |
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What is probate? |
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Probate of the estate in Texas is the administration of the estate of a decedent through court proceedings. The procedure is a legal process through which all claims against the estate are resolved. Claimants can include taxing authorities, creditors, heirs, and will beneficiaries. Whether or not probate is required depends on the type of assets owned by the deceased. |
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How can I avoid probate? |
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Depending upon the value of your estate and your individual circumstances, a trained and experienced lawyer will be able to advise you how to avoid, or at least reduce the time the probate process takes by helping you plan your estate correctly. |
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Estate Planning FAQ |
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What is estate planning? |
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Quite simply, estate planning will put your affairs in order, maximizing the benefits your assets can bring to you during your life, and to those you choose to benefit from your estate when you die. |
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What should a comprehensive estate plan include? |
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Your estate plan should include your last will and testament, a living will, medical power of attorney, and a financial power of attorney. |
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How often should an estate plan be reviewed? |
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You should review your estate plan every two to three years and also if circumstances change, including the death or change in status of a beneficiary, the birth of a new heir, divorce, marriage or remarriage, if you move to another state, purchase or sale of a business, substantial change in your net worth, or a change in tax laws. |
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What is a trust? |
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A trust is a legal entity in which assets are placed by a grantor or trustor, administered by a trustee, and benefits a beneficiary. Normally, with a revocable trust, these three are the same person. |
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How can a trust benefit my estate? |
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Trusts can offer a number of important benefits, including avoidance of time consuming and costly probate, creditor protection, conservatorship avoidance, avoidance or reduction of death tax, savings on capital gains, retention of privacy, and control of assets during life and death. |
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What is a living will? |
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A living will is used in conjunction with a medical power of attorney to provide clear instructions of your wishes to doctors and family if you suffer an illness or injury which leaves you in an irreversible, vegetative state. |
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What is a medical power of attorney? |
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A medical power of attorney allows you to choose who will represent you if you become incapacitated either by illness or injury. You can impose restrictions, such as the person cannot override the provisions you make in your “living will,” for example. |
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What is a financial power of attorney or general power of attorney? |
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A financial power of attorney allows you to choose who will manage your financial affairs if you become incapacitated by illness or injury. |
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Why not use a free last will and testament online? |
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The problem with using a free last will and testament online is that they assume one case fits all. They cannot ask or answer questions unique to your personal circumstances. By employing an experienced and trained “live person,” your attorney will be in a better position to draft the will in accordance with your wishes and unique, personal circumstances. This is one of the most important documents you will ever write, so why leave things to chance for the sake of a few dollars? |
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Where can I find articles on living wills and trusts? |
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There are many web sites offering articles on living wills and trusts, but you should be aware that law changes from state to state and therefore, you should not assume everything you read online will apply to your personal circumstance, or the state in which you reside. |
