In Texas, when a person dies and leaves a will, that will must be submitted to the court. However, all wills do not have to be probated. For a will to be admitted to probate, the court must determine a necessity for administration. Only estates with no contests, no real property, no debt, and no accounts without satisfactory beneficiary designations can really avoid probate. All others require the probate court to direct the proper distribution of the decedent’s (the person who died) assets, although there are several procedural options within the probate umbrella. If the … [Read more...]
Is Community Property in Texas Always Split 50/50 In A Divorce?
Texas is a community property state, which means all property acquired by a couple during their marriage is considered to belong equally to them both. This appears that the community property should then be split 50/50 between the spouses, but this is not always the way it turns out. Texas law instructs the court to “order a division of the estate of the parties in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage.” This means property will not always be divided 50/50. Factors Court Considers … [Read more...]
What Happens When Someone Dies Without A Will in Texas?
If someone dies in Texas without a will, the Texas Estates Code governs how the estate is distributed. A person who dies without a will is said to have died “intestate.” The law provides complicated guidance as to how property of a person who dies intestate is divided. The important thing to remember is that the estate does not automatically go the state but is distributed among the decedent’s closest relatives. Property Exempted from Intestate Estate Distribution Laws Some types of property are exempted from the Texas Estates Code distribution laws that apply to … [Read more...]
Swimming Pool Accidents in Texas
With COVID-19 stay-at-home recommendations, more people are building swimming pools and more people are staying at home swimming in them. They may have a few people at a time over to share the outdoor swimming experience. Along with increased pool usage comes increased incidents of drowning or near-drowning cases. Unfortunately for Texas, it ranks first in the list of states for pool drowning deaths. It is important for everyone, especially adults, to know what drowning looks like, and what the aftermath may be for those who survive a near drowning experience. What Drowning Looks … [Read more...]
Co-Parenting in Texas
Texas family law stresses the importance of parenting after a divorce. Like the Texas divorce courts, the family law attorneys at Springer & Lyle will look out for the best interests of the children who will be affected by a divorce. We will help you develop a strong parenting plan, one that encourages co-parenting. Co-parenting in Texas Co-parenting is neither a rule nor a law; it is a concept about post-divorce child rearing. Many couples in the midst of a divorce believe that after it’s all over, they will never have to deal with their former spouse again. This is … [Read more...]
Identifying the Parties at Fault in a Truck Accident Case
Learning how an accident occurred and who caused the wreck is the first step in deciding who to include in a personal injury lawsuit. This is a complicated process that requires an experienced attorney where a truck accident is concerned. The companies and firms involved in the transport of goods via 18-wheeler can be numerous, and often, more than one party may have been negligent in causing or contributing to an 18-wheeler accident. Potentially liable parties can include: Truck Drivers: We have handled cases in which drivers have operated 18 wheeler trucks for long hours and were … [Read more...]
Understanding a Texas Personal Injury Case
When going through a personal injury lawsuit in Texas, you should be familiar with the laws. Depending on the type of injury, many of these laws could surface during your case. Being prepared could mean a favorable outcome. Procedures for a personal injury lawsuit can vary from state to state. Experienced attorneys at Springer & Lyle will share details on Texas personal injury law. What to do when you first have an accident Once you’ve had medical treatment, get a legal consultation as soon as you can to determine if you need an attorney. It’s important to have details of your accident … [Read more...]
Texas Supreme Court Ends Bad Faith Claims for Workers
Texas Workers Compensation claimants took a big hit Friday when the Texas Supreme Court handed down a 5-4 decision in Texas Mutual Insurance Co. v. Timothy J. Ruttiger. The Court held that Workers Comp claimants cannot seek damages for bad faith denials of claims outside the administrative Workers Comp regulatory framework. Justice Willett's concurring opinion writes: "The continued existence of bad-faith claims will subvert the Legislature's meticulous soup-to-nuts system, one augmented by an immense regulatory and adjudicatory framework that, taken together, now regulates virtually … [Read more...]
Victory for Big Pharma: Texas Adopts “Learned Intermediary” Rule
Big Pharma had a major victory on June 8th, when the Texas Supreme Court handed down its ruling in Centocor, Inc. v. Hamilton. The Court held that "When a drug manufacturer properly warns a prescribing physician of the dangerous propensities of its product, the manufacturer is excused from warning each patient who receives the drug. The doctor stands as a learned intermediary between the manufacturer and the ultimate consumer." Further, "A prescription drug manufacturer fulfills its duty to warn end users of its product's risks by providing adequate warnings to the intermediaries who … [Read more...]
Greyhound Bus Drivers say Company Opposes Safety Reform
The Amalgamated Transit Union Local 1700, which represents Greyhound bus drivers, has been speaking out against the company's safety record. "Members of the National Association of Bus Crash Families said they recently learned that Greyhound did not support HR7, a bill introduced by Georgia Democrat John Lewis and Texas Republican Ted Poe. The Lewis-Poe Amendment, as it is known, is identical to language in the MESA Bill, and replaces earlier provisions in the House version with a “Greyhound Compromise.” “We negotiated with Greyhound in good faith and gave up important safety priorities … [Read more...]