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  • By: Farren Sheehan, Esq.

The Texas court system consists of five different tiers or levels illustrated graphically at the Texas Courts Online website. This article gives a general overview of each type of trial court, i.e. the courts in which a case begins in Texas and what types of cases each one handles. Sometimes, there may be more than one proper court in which to institute an action. If you have a lawsuit pending against you or are considering bringing one, Austin civil attorney Farren Sheehan offers a case evaluation and will assist you in either choosing the most advantageous court venue available to you, or disputing the choice of your opponent when it makes sense to. Justice Courts The bottom tier of the Texas court system is composed of justice courts, which are also known as justice of the peace courts. Justice courts are primarily governed under Texas Government Code Chapter 27 and…Read More

  • By: Farren Sheehan, Esq.

If you have worked and managed to save large balances in retirement plans it is imperative that you properly plan for the assets to pass to named beneficiaries in order to minimize taxes. Generally the beneficiaries of retirement plans will be either your heirs or spouse. If the spouse is named the beneficiary then he or she has the option of rolling over the balance into his or her own Individual Retirement Account. If the children or heirs are the beneficiaries they do not have this option. In this article we will generally discuss retirement benefits and the inheritance issues that are posed to beneficiaries. An elder law attorney such as Austin lawyer Farren Sheehan can guide you through this complicated area of the law. Overview Of Retirement Plans There are many types of retirement plans that individuals can implement to maximize savings and minimize current income tax consequences. Generally,…Read More

A Landlord’s Duty To Repair A Residential Rental In Texas
  • By: Farren Sheehan, Esq.

Although many residential landlords perform repairs to their properties promptly and conscientiously, not every residential tenant is so fortunate. On the other side of the equation, expensive or excessive requests for repairs from tenants can quickly cause a rental property to become unprofitable, which can lead to increases in rent or a lack of incentive to build new residential units, lowering the supply of affordable housing for everyone in the community. The tenant’s responsibility for damages he or she has caused to an apartment or other rental is usually clearly delineated in the lease agreement, with damages paid out of a security deposit. What is often less clear in lease agreements is what the landlord is responsible for repairing, what conditions must be satisfied before the landlord has the obligation to repair, and when repairs must be completed. Establishing whether a landlord has a duty to repair under certain circumstances…Read More

Adverse Possession In Texas
  • By: Farren Sheehan, Esq.

Although traditionally a rather uncommon cause of action, adverse possession, sometimes referred to as “squatter’s rights,” has become an increasingly discussed topic in Austin and other cities in Texas. Adverse possession refers to the process by which a claimant gains legal title to the land of another by possessing it for a period of time. This article will provide a brief overview of the elements of adverse possession in Texas. If you believe you have a claim of adverse possession or are facing a claim of adverse possession, contact Austin real estate attorney Farren Sheehan for an evaluation of your case. Elements Of Adverse Possession In Texas While Texas law contains four distinct statutes regarding adverse possession, all claims require a showing of certain common elements. The Texas Civil Practice & Remedy CodeRead More

  • By: Farren Sheehan, Esq.

When you visit a doctor’s office or have medical treatment done, most physicians’ offices now require the patient to read and sign a HIPAA authorization. What is a HIPAA release? The Health Insurance Portability and Accountability Act (HIPAA) is a federal law that includes privacy provisions intended to protect a patient’s confidential medical information. The HIPAA law requires that health care providers ensure privacy of patient health information and medical records. In this article we will discuss state and federal health privacy laws and legal forms that you may encounter. Austin probate lawyer Farren Sheehan can help explain these various legal documents and advise you on estate planning documents to protect your property and privacy. Health Insurance Portability And Accountability Act The Health Insurance Portability and Accountability Act (HIPAA) is a federal law enacted in 1996. This federal law includes requirements for protecting the privacy and security of health care…Read More

  • By: Farren Sheehan, Esq.

A Will is an important legal document that designates who will receive property of a testator when he dies. A Will enables property to pass to others with minimal court involvement. Under Texas law there are certain legal requirements that must be met when executing the Will. One important requirement is that the testator freely made and signed his Will without being coerced or unduly influenced by another person. Undue influence is a ground for denial of probate of a Will, which may arise after the testator’s death when a person challenges a Will in a Will contest. In this article we will discuss what undue influence is under Texas law. With the help of a probate attorney such as Austin probate lawyer Farren Sheehan, a person can make sure their Will is properly drafted and executed. Advantages Of A Will A Will is a written, legal document that goes…Read More

  • By: Farren Sheehan, Esq.

A Will is a valuable legal document that designates who will receive property of a testator when he dies. Under Texas law, an adult may draft a Will at any time, as long as he meets the legal requirements when executing the Will. One important requirement is that the testator was of sound mind (or had testamentary capacity) when signing his Will. This issue usually comes up after the testator’s death when a person challenges a Will in a Will contest. In this article we will discuss what is needed for testamentary capacity under Texas law. When obtaining the advice of a probate attorney such as Austin probate lawyer Farren Sheehan in drafting a Will, a probate lawyer can ask questions and make sure that testamentary capacity is in place at the time her client executes the Will. Advantages Of A Will A testator is a person who leaves a…Read More

  • By: Farren Sheehan, Esq.

Counties in Texas have special courts set up to handle probate cases, where Wills are validated or property is passed upon a person’s death. Many of these courts have limited jurisdiction to hear certain types of cases. In this article we will discuss probate courts in Travis County, Texas. Austin probate lawyer Farren Sheehan can help answer questions and assist with probate proceedings in Travis County Probate Court. About The Travis County Probate Court The Travis County Probate Court is a statutory probate court headed by an elected judge. The current judge sitting in Travis County Probate Court #1 is the Honorable Guy Herman. The probate court is also served by Associate Judge Dan Prashner. The court is located at the Travis County Courthouse in downtown Austin, Texas. The probate court has a number of staff members assisting the judges, including a court coordinator, attorney law clerks and investigators, legal…Read More

  • By: Farren Sheehan, Esq.

Many people make plans for what they wish to happen when they die. A key legal document in a good estate plan is a legally executed Will. A Will designates who will receive the property in the estate upon a loved one’s passing. There are many options available when drafting a Will. In this article we will give some tips on drafting Wills. It is always a good idea to hire a probate attorney such as Austin probate lawyer Farren Sheehan for help drafting a Will. What If The Person Did Not Have A Will If the person died in Texas without a Will, his property passes to his heirs under Texas law. This is known as intestate succession. Without a Will, the estate passes to the descendants according to Texas law even if the decedent said while he was alive that he preferred that his property be left in…Read More

  • By: Farren Sheehan, Esq.

Many people assume that when a married person dies the surviving spouse gets everything. In Texas, that may not always be the case. If a married person dies without having made a Will, directing to whom their property passes, the person dies “intestate”. The Texas laws of intestacy determine who gets the deceased’s property, which may be different than how the property would pass if the person were alive to say so. In this article we will discuss Texas laws regarding intestacy for a married person. To make sure your property passes to those you want and avoid intestacy, it is wise to contact a probate attorney such as Austin probate lawyer Farren Sheehan for help drafting a Will. If The Person Did Not Have A Will If a person died in Texas without a Will, his property passes to his heirs under Texas law. This is known as intestate…Read More

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