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Estate Planning: Powers of Attorney

Estate Planning is a vital part of life everyone must consider – not just the “rich” or the “elderly,” as many assume. Estate Planning is not just about planning for death or how assets will be distributed, but includes planning for life’s emergencies, such as illness or incapacity. If you are in a car accident, who will pay the bills? If you become medically incapacitated or suffer from Alzheimer’s or dementia, who will make medical or everyday decisions? These are all-too-real events that occur unexpectedly and leave family members unprepared and at odds. The easiest way to avoid conflict or confusion is to identify and name a Power of Attorney. […]

The New 80/20 Rule for Tipped Employees

On December 28, 2021, a new rule affecting tipped employees goes into effect. Tipped employees under the Fair Labor Standards Act (Fl.SA) are defined as (1) non-exempt, (2) customarily and regularly receive more than $30.00 a month in tips, and (3) the employer is allowed to credit a portion of their minimum wage obligation against the employee-earned tips.  Employers utilizing the tip-credit must pay the employee a minimum direct cash wage of $2.13 per hour; the remainder balance of the minimum wage is available for a credit against tips earned by employee. The new rule restricts employers from drawing a tip-credit when employees are not performing work that is part […]

Don’t Get Sued: 7 Tips to Protect Your Texas Construction Business

According to the Bureau of Labor Statistics, over 100,000 construction-related accidents occur in the United States each year. Of those thousands of accidents, many construction businesses run the high risk of being sued as a result. Even if the construction business is found not to be at fault, lawsuits involve a significant amount of time and money that can damage a company. To avoid being sued, protect your Texas construction business by contacting a construction lawyer. While it is impossible to plan for every unexpected situation that may arise, the following tips  may help protect your Texas construction business. 7 Tips to Protect Your Texas Construction Business Construction companies can […]

Choosing the Right Business Structure: 4 Factors to Consider

Starting a business can be an intimidating process especially, navigating the legal process of making your business official. When starting a business, several factors must be considered. One of the most important choices is deciding what structure best suits your business. When taking the leap and starting a business, contact an experienced attorney to help. What Are Some of the Most Common Business Structures? New businesses typically fall under one of the following structures: Sole Proprietorship Limited Liability Company (LLC) Corporation Partnership Cooperative While this list is not exhaustive, new business will most likely be structured as one of the entities listed above. Still, choosing the right structure is perhaps […]

The Danger of Using Generic Forms for Businesses Buying Property

The initial process of starting a business can be daunting. Even with the availability of the internet, navigating the various documents, forms, and applications involved in purchasing property for your new business is not easy. Make sure your new business is set up for success. While generic forms are readily available online, utilizing the expertise of an attorney can make the process much easier. Understand, there are a multitude of risks when using free forms that claim to be “one size fits all.” What Is a Promulgated Contract? In Texas, a promulgated contract is any form that has been provided for public use. The most common in Texas, is to […]

The Probate Process: 5 Steps to Take After a Loved One Passes Away

Losing a loved one is one of the most difficult and emotional experiences a person can have in life. Even further, this extremely difficult situation often requires handling a deceased loved one’s estate. It can be overwhelming to take on such a responsibility while grieving the loss of a loved one. This is where an experienced probate attorney can help ensure a loved one’s affairs are taken care of in an expedient and empathetic manner. There is a way to prioritize these items in order of importance and urgency. While no one likes to think of losing a loved one, being prepared can make an already difficult process slightly easier. […]

How an Asset Protection Lawyer Can Help You Prepare for the Unexpected

Asset protection planning is a key process of retirement and estate planning for individuals wanting to protect their personal assets and those associated with their businesses. Asset protection involves preserving and protecting assets from seizures by creditors. It is impossible to prepare for unavoidable or unexpected liabilities that may come about after retirement.  It is crucial to seek the help of an asset protection lawyer to help obtain adequate insurance and avoid liens, seizures, or other collection methods. There are several ways an asset protection lawyer can help prepare for the unexpected. 5 Ways an Asset Protection Lawyer Can Help You Asset protection pertains to both personal assets and a […]

Planning for the End

I am often asked “Is it pessimistic to plan for the end of my business when it is just starting?”  The simple answer is No.  The failure to plan for the future generally leads to a more costly termination or a lower sales price when the time comes to end the business.  A new business owner cannot know where the business will eventually end up, but planning for basic contingencies can prevent later problems.  Additionally, while discussing and planning is important, those conversations are lost without committing those plans in writing and having them signed by the relevant participants.  Some of the basic contingencies to consider discussing and including in […]

The Texas Construction Trust Fund Act: What You Need to Know

Anyone who has ever been involved in a construction job—be it commercial or residential—is familiar with complex payment process of partial, periodic payments and the downstream flow of money from general contractors to subcontractors or others who performed the work.  Quite frequently, the money received upstream does not make it downstream.  Instead, the money is retained by the contractor, disbursed to other subcontractors, or used for other purposes.  The Texas Construction Trust Fund Act imposes serious legal consequences for such conduct. Under the Texas Construction Trust Fund Act, payments made to a contractor or subcontractor (or officer, agent, or director) under a construction contract for the improvement of real property […]

Can You Survive 10 Years…. and One Day?

Clients often ask about alimony and why Texas does not allow for alimony.  The truth is Texas law does allow for the same-type support, but the support is called “spousal support” or “spousal maintenance.”  Because spousal support is a statutory remedy, the court may only award the same if the statutory requirements are met.  To be clear, spousal support is the award of additional money—not part of a division of marital property or child support—and is paid by one spouse to the other for future income to support the ex-spouse after the divorce.  The statute sets forth various factors for the court’s consideration and provides for a spousal support award […]