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Wendy Lambie
11 - 20 of 25
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Do This. Don’t Do That – Exclusive, Permitted and Prohibited Uses

Exclusive use clauses are relatively common during commercial lease negotiations.  An exclusive use clause prohibits a landlord from leasing to another tenant for the same business purpose as the existing tenant.  For example, a tenant that operates mainly as a seafood restaurant might seek to prohibit the landlord from leasing space to another restaurant tenant Read More

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Texas’ Open Carry Gun Law

Texas’ Open Carry Gun Law House Bill 910 (“HB 910”) became effective January 1, 2016.  The previous licensing structure permitted individuals to carry a concealed handgun under certain circumstances.  HB 910 amends the Alcoholic Beverage Code, Code of Criminal Procedure, Education Code, Election Code, Family Code, Government Code, Health and Safety Code, Labor Code, Local Read More

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Texas Water Rights

Water has been an integral part of human habitation in Texas for as long as man has been present there.  In modern terms, the right to use water often depends on whether the source of the water originates from above or below ground. Surface Water: In general terms, surface water found in defined watercourses is Read More

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Due Diligence in Commercial Real Estate

Due diligence is the process and efforts a purchaser uses to inspect real property in order to be informed as to the details of the asset being purchased.  Purchasers who fail to undertake a thorough investigation risk purchasing property that does will not serve their best interests or needs.  For example, the property may have Read More

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Commercial Tenant Eviction

Although a commercial tenant does not have the same statutory protections provided to residential tenants, there are still specific legal procedures, as outlined in the commercial lease and the Texas Property Code which are vital to a proper eviction process.  Below is a rough outline of some considerations important in a commercial eviction: Step 1 Read More

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This Land is Your Land, This Land is My Land – Adverse Possession in Texas

This Land is Your Land, This Land is My Land – Adverse Possession in Texas Legitimate adverse possession claims are uncommon. Adverse possession is a situation in which a person can lawfully claim ownership of real property not originally belonging to that person through typical means such as purchase or inheritance.  The Texas statute governing Read More

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Dying Intestate

I have heard, and even said, the following: “You have a Will even if you didn’t know it.  The State of Texas wrote it for you.”  Texas law provides the freedom for individuals to choose how their estate is distributed at death by executing a valid Last Will and Testament.  When a person dies in Read More

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Holiday Gifting

Holiday Gifting The holiday season is fast approaching and for many people, this is a time of exchanging gifts with family or charitable giving.  Those who choose to make large gifts to individuals during this time should be aware of the annual exclusion amount set by the IRS.  The annual exclusion is the amount in Read More

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Living Will v. Last Will and Testament

An estate plan can be described in two major parts:  documents that speak for you while you are alive and those which speak for you after you pass away.  Both a Living Will and a Last Will and Testament are important legal documents that speak for you at different times.  Every adult should take the Read More

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Probate Basics

Very simply, probate is the procedure by which a handwritten or typewritten will is proved in court to be valid and enforceable.  Frequently this includes appointing someone to handle the affairs of the estate with the end goal being distribution of the estate.  Probate must take place within four years of death and an attorney Read More

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11 - 20 of 25
Page 2 of 3