Harrell, Stoebner & Villanueva, P.C. Temple Business Law and Real Estate Attorney | Personal Injury 2026-06-22T12:26:24Z https://www.templelawoffice.com/feed/atom/ WordPress /wp-content/uploads/sites/1501901/2024/10/cropped-favicon-32x32.jpg On Behalf of Harrell, Stoebner & Villanueva, P.C. <![CDATA[What happens if Texas forfeits your company’s business rights?]]> https://www.templelawoffice.com/?p=52036 2026-06-22T12:26:24Z 2026-06-22T12:26:24Z What forfeiture can do to your business The comptroller generally sends a notice first. If your company does not fix the problem within 45 days after the notice is mailed, it may lose certain state-granted business protections. Your company does not automatically disappear, but it can face serious limits. It may lose important court protections, including the ability to bring a lawsuit or fully defend its interests. The issue may also appear in state records that customers, lenders or vendors can check. Officers, directors and managing members or managers may face personal liability for certain company debts created during the forfeiture period. However, this liability does not extend to passive owners or shareholders.

How to fix the state status problem

To restore good standing, you must first resolve the franchise tax deficiency. That may include submitting overdue reports, completing a Public Information Report (PIR) or Ownership Information Report (OIR) when required and paying taxes, penalties and interest. After that, you may request a tax clearance letter showing the comptroller has cleared the issue. If the issue remains unresolved for 120 days, the Secretary of State may take the next step and forfeit the charter, certificate or registration that allows the company to exist or operate in Texas. You may then need to submit reinstatement paperwork and pay the required fees.

Protect your business before a filing issue grows

A forfeiture problem can become more expensive when it goes unnoticed. Checking your status, reviewing notices and correcting overdue paperwork early can help reduce disruption and keep your company in better standing.]]> On Behalf of Harrell, Stoebner & Villanueva, P.C. <![CDATA[Divorce, parenting plans and children: Four important stages]]> https://www.templelawoffice.com/?p=52034 2026-06-16T20:14:13Z 2026-06-16T20:14:13Z successful parenting plan does more than divide time on a calendar. It protects your child’s routines, supports healthy relationships with both parents and can even reduce conflict by providing clear expectations. To help achieve these goals, it is also important to take your child’s developmental stage into consideration. By accounting for their needs at different stages in life, you can better ensure a plan that not only works for both parents but also sets the children up for success. 

Stage 1: Infant to toddler

Parenting plans are legal documents that help guide the parenting relationship after divorce. For infants and toddlers, consistency and frequent contact usually matter more than long stretches away from either parent. Parenting plans often do best at this stage when they prioritize predictable routines, smooth transitions and flexibility for naps, feeding and childcare. Many parents find shorter, more frequent parenting time most beneficial for the nonresidential parent, especially when a child is very young. If overnights are appropriate, build them gradually and align them with the child’s established sleep patterns. It can also help to include detailed provisions for transportation, exchange locations and how parents will share information about health, milestones and daycare.

Stage 2: Elementary and middle school years

School-age children benefit from structure, but they also begin to take on new activities, friendships and preferences that affect scheduling. At this age, consider school calendars and extracurricular activities that are important to your child. Before you finalize a schedule, it helps to confirm the practical details that tend to cause conflict later. These often include:
  • School pick-ups and drop-offs, after-school care and activity transportation  
  • Holiday and break schedules  
  • Communication expectations, including homework coordination and access to school portals
  • When to allow the child to have a phone and access to various apps
When these points are written clearly, parents spend less time renegotiating and more time supporting the child’s routine. Revisit the plan periodically, especially when a child changes schools or begins new activities.

Stage 3: High school years

Parenting teenagers comes with new challenges. Strategies that worked well when they were younger may no longer be successful. The need to adjust one’s parenting approach is also complicated by the fact that teenagers often have busy schedules. They may have jobs, sports and social commitments. Ideally, parenting plans can allow some flexibility while still preserving meaningful time with each parent. Consider a primary residential schedule during the school week with defined weekends, or a schedule that rotates based on extracurricular commitments. Include expectations for driving, curfews and decision-making about academics, medical care and counseling. Also address how parents will handle disagreements when a teenager expresses a preference, keeping in mind that courts often consider maturity and best interests rather than simple choice.

Stage 4: College age and adult

Once a child turns 18, most parenting time provisions end, but many families still benefit from written expectations about communication and financial support. If parents are contributing to college costs, clarity is essential. To avoid misunderstandings, outline the major financial and logistical issues in advance:
  • Tuition, housing, books and how payments will be made  
  • Health insurance, medical expenses and access to records  
  • Travel expectations for school breaks and family events
A thoughtful framework reduces conflict and supports the young adult’s independence. Keep the tone collaborative and revisit terms as circumstances change. Parenting plans are living documents that should evolve with the child. When parents match structure to developmental needs and write details with care, they create stability, reduce disputes and give their child room to thrive at every stage.]]> On Behalf of Harrell, Stoebner & Villanueva, P.C. <![CDATA[How can title defects delay a Texas closing?]]> https://www.templelawoffice.com/?p=52033 2026-06-05T13:07:56Z 2026-06-05T13:07:56Z Common title problems that slow the sale A title commitment is a document from the title company that lists the problems or requirements that must be addressed before it issues an insurance policy. These requirements often involve debts, missing records or ownership questions, such as:
  • Unpaid property taxes
  • Federal tax or judgment liens
  • A contractor’s mechanic’s lien for unpaid construction or repair work
  • Missing signatures on a prior deed
  • Unknown heirs with a possible ownership claim
  • A legal description that does not match the property
These problems take time because a party might need to pay a debt, file a lien release in the county property records, correct a deed or provide probate or heirship documents.

Why some Texas defects need careful review

State rules can make some defects more complicated. A homestead sale may require both spouses to sign, even when it only lists one spouse as the owner. A mechanic’s lien often requires a release, payment arrangement or another solution the title company and lender will accept. Other defects can be handled through a corrected deed, an affidavit, a quitclaim deed from someone who may have an ownership claim or a title insurance endorsement that addresses a specific risk. Heirship issues can also delay a sale. If a prior owner died without clear records, the title company may ask for an affidavit of heirship or court paperwork before it insures the transfer.

Clearing the path to closing

Start by finding out which requirement is holding up the transaction. Keep copies of requests, emails and completed paperwork so you can track the remaining steps and show why you may need more time. If the delay affects your closing date, ask whether the purchase agreement needs an extension while the parties work through the issue.]]> On Behalf of Harrell, Stoebner & Villanueva, P.C. <![CDATA[When should you update your estate plan?]]> https://www.templelawoffice.com/?p=52031 2026-05-26T07:45:30Z 2026-05-26T07:45:30Z hard-earned assets are distributed exactly how you intend.

Update your estate plan after major changes

Major life changes or amendments in legislation can create gaps in your existing estate plan. To protect your assets and your family amid these transformations, it is wise to update your plan when:
  • Marrying or divorcing to update beneficiaries
  • Having new children or grandchildren through birth or adoption
  • Naming a new executor or beneficiary after the death of a person listed before
  • Moving to a different state or country where different probate and tax laws apply
  • Adjusting to retirement or career shifts that changed your finances
Recognizing these triggers allows you to adjust your strategy before it is too late. It ensures you maintain complete control over your assets and healthcare, preventing a probate judge from stepping in and making default legal choices that directly contradict your true wishes.

Importance of an updated estate plan

Neglecting your estate plan introduces severe, unnecessary risks to your legacy. Outdated documents frequently lead to stressful probate delays, unintended disinheritances and costly legal disputes among your grieving heirs. Furthermore, an obsolete medical directive could strip your chosen loved ones of the power to make critical healthcare decisions for you in an emergency. Taking a proactive approach to your estate plan safeguards your wealth and reduces the risk of chaotic court battles in the future.]]> On Behalf of Harrell, Stoebner & Villanueva, P.C. <![CDATA[How does shared fault affect a Texas personal injury claim?]]> https://www.templelawoffice.com/?p=52028 2026-05-15T09:39:03Z 2026-05-15T09:39:03Z The 51% bar rule Texas Civil Practice and Remedies Code section 33.001 says you cannot recover damages if your percentage of responsibility is greater than 50%. In practical terms, that means a finding of 51% fault can prevent you from collecting damages from another party. If your share of responsibility is 50% or less, the rule does not automatically prevent recovery. This issue can come up in many personal injury claims, including car crashes, slip-and-fall accidents and other negligence-based cases.

How fault affects compensation

When you can recover damages, the law generally requires the court to reduce your award by your percentage of responsibility. For example, if your damages total $100,000 and you are found 25% responsible, your recovery would typically be reduced by $25,000, leaving $75,000. Because even small shifts in fault affect your payout, insurance companies and defense counsel may argue for a higher percentage of claimant responsibility during negotiations.

Why evidence matters

The outcome often depends on the details of the incident. In a personal injury claim, those details may include:
  • Photos or videos from the scene
  • Witness statements
  • Police or incident reports
  • Property conditions
  • Traffic signals or warning signs
  • Medical records
  • Statements from the people involved
These details can help show how the accident happened and whether another party failed to act safely.

Protecting the facts after an accident

Shared fault can affect your claim even when another person contributed to the accident. Keeping clear records can help preserve what happened before memories fade or evidence is lost. If an insurer disputes your account or suggests you were partially responsible, information gathered early may help clarify what happened and support your position. If you have questions about how fault may affect your personal injury claim, you may want to speak with a qualified legal professional before accepting a settlement offer.]]> On Behalf of Harrell, Stoebner & Villanueva, P.C. <![CDATA[Can Temple business owners prevent partnership disputes?]]> https://www.templelawoffice.com/?p=52026 2026-04-30T14:51:57Z 2026-04-30T14:51:57Z A business partnership can start with trust, shared goals and a handshake. Over time, though, money, workload, hiring choices or growth plans can create tension. For Temple business owners, those disagreements can become expensive if the partners never put clear rules in writing. Partnership disputes are not always dramatic at first. They often begin with small questions: Who gets the final say? Who can sign contracts? What happens if one partner wants out? Answering those questions early can reduce confusion later.

Put the agreement in writing

Texas law defines a partnership agreement broadly. It can include written, oral or implied agreements between partners about the partnership and its business. That flexibility can help partners form a business, but it can also create disputes when people remember conversations differently.  A written agreement gives partners a clearer place to start. It can address ownership percentages, decision-making authority, profit sharing, partner duties and limits on spending. It can also explain what happens if a partner dies, becomes disabled, retires or wants to sell their interest.

Clarify who can make decisions

Many disputes happen because partners assume they have the same level of authority. Texas law generally gives each partner equal rights in managing the partnership unless the agreement says otherwise.  That default rule may not fit every business. One partner may handle daily operations while another focuses on finances, sales or investor relationships. In a business law matter, clear authority can help prevent one partner from making major decisions without the others. Business owners should decide who can approve:
  • New debt
  • Large purchases
  • Hiring and firing
  • Lease agreements
  • Vendor contracts
  • Sale or expansion plans
Those rules help partners know which choices require consent before anyone acts.

Plan for exits before conflict starts

No partnership lasts forever in the same form. A partner may retire, relocate, become ill or want to pursue another opportunity. Without an exit plan, the remaining partners may disagree over price, timing or control. A buyout provision can explain how the business will value a departing partner’s interest. It can also set payment terms and deadlines. This type of planning can protect the business from sudden disruption.

Clear rules support better business decisions

Partnership disputes are easier to manage when the partners have already agreed on the basics. A strong agreement should answer practical questions about money, authority, responsibilities and exits. If your business still relies on informal understandings, start by reviewing what you have in writing and identifying the decisions that could cause conflict later.]]> On Behalf of Harrell, Stoebner & Villanueva, P.C. <![CDATA[What are the legal reasons to evict a tenant?]]> https://www.templelawoffice.com/?p=52021 2026-04-22T13:00:21Z 2026-04-22T13:00:21Z The eviction process in Texas is a formal legal procedure that shouldn’t be taken lightly. Because the consequences of a displacement or a loss of property rights are so severe, understanding the specific legal grounds for eviction is essential for everyone involved. Knowing the rules helps you address disputes fairly and ensures that any action taken follows state statutes. This clarity prevents misunderstandings and protects you from the legal fallout that often follows an eviction.

Nonpayment of rent

The most common reason for eviction in Texas is the failure to pay rent on time. According to most standard lease agreements, you can initiate the eviction process if the rent is even one day late. Before you can file a lawsuit, you must typically provide a "Notice to Vacate" to the tenant, giving them a specific amount of time to pay or leave. Following the exact timing requirements of the notice is critical to reduce the risk of legal disputes.

Lease violations

An eviction can also occur if a tenant fails to follow the specific terms in the signed lease agreement. This includes activities such as keeping unauthorized pets, having long-term guests or causing significant damage to the property. Additionally, using the rental for illegal activities or creating a constant nuisance for neighbors may qualify as a material breach of the contract.

Expiration of lease

When a lease term ends and the tenant does not move out, they become what is known as a "holdover" tenant. In these cases, you can regain the property if they have not agreed to a renewal or a month-to-month arrangement. If a tenant remains on the property after the legal notice period has expired, you may file for an eviction to regain possession.

Reduce the risk of unlawful eviction issues

Staying informed about Texas property laws is the most effective way to protect your investment and your reputation as a property owner. Following the correct legal procedures prevents the risk of procedural errors, which can lead to lawsuits. By focusing on the facts and strictly adhering to the proper legal channels, you ensure that your management practices remain professional and compliant with state law.]]> On Behalf of Harrell, Stoebner & Villanueva, P.C. <![CDATA[What should I do if my teenager gets into a car accident?]]> https://www.templelawoffice.com/?p=52018 2026-04-17T15:24:09Z 2026-04-17T15:24:09Z likely remember the day you got your driver’s license. You put in the time doing driver’s ed and behind the wheel to pass the test and when you do - freedom awaits. Looking back at those first few years of driving, you likely also remember a lot of close calls and mistakes that should have led to serious accidents. The lucky ones only experience close calls - but not everyone is lucky.   The latest data from the United States Centers for Disease Control and Prevention (CDC) found that more than 200,000 teenagers between the age of 13 and 19 are injured in car accidents in 2020. Even more concerning, teenagers ages 16 to 19 are three times more likely to have a fatal crash compared to drivers over the age of 20.  Thankfully, there are steps teenagers and parents can take to reduce the risks that come with those early years of driving. The following will outline these tips and give guidance on what to do in the event of a crash.

Tips to reduce the risk of a car crash for teenagers

One of the biggest contributors to accidents within this group is a lack of experience. Taking the time to help teens get practice driving and making sure they get in their behind the wheel lessons can help them to get important driving experience. Another relatively easy way parents can help reduce the odds of a bad accident is to set rules around when their teenagers can drive. Almost half of serious accidents occur between 9pm and 6am. Having reasonable curfews until they get more experience can make a big difference. Other helpful tips include putting rules in place to reduce the likelihood that teens engage in these dangerous behaviors when driving:
  • Drinking and driving. Ideally, our kids refrain from any use of alcohol or drugs while underage. Although it is important to remind children of this expectation it is also wise to be very clear about the increased risk of a serious crash if intoxicated while driving. The CDC notes that drinking any amount, whether they feel the impact of alcohol or not, increases the risk of a crash. 
  • Speeding. Encourage teens to follow posted speed limits and go slower during poor conditions like rain, fog or snow. It can help to remind teens that younger drivers are statistically more likely to get pulled over than older drivers. Driving even what seems a small amount over the posted limit could not only lead to a traffic ticket but also increases the risk of a crash.  
  • Distracted driving. Navigation, music apps, social media updates and texting are dangerous activities for any driver but add in the inexperience of youth and distractions can be a key cause of accidents. 
Some parents find a written contract with their children outlining expectations is important, while others are comfortable with a conversation. Figure out what works for your family and follow through. This conversation can be beneficial even if they are already driving.

Steps to take if my teen is involved in an accident

Tell teens how to handle themselves if they are involved in a crash. First, it is important that they remember accidents happen for any number of reasons. They should not assume they caused the accident. Tell your child to get medical help for themselves, passengers and anyone else who may have been injured in the accident. Although they should check on everyone, they should avoid claiming responsibility for the accident. This is especially important to preserve legal remedies in the event the car accident is the result of another driver’s negligent or reckless actions.  As parents, it is helpful to be there to support children who are navigating the aftermath of a crash. Keep copies of all important documents like a police report (if applicable), medical records and note any missed work or school due to injuries. If you believe the other driver is at fault, it is wise to reach out to legal counsel to discuss your options. ]]> On Behalf of Harrell, Stoebner & Villanueva, P.C. <![CDATA[Is splitting your estate equally really fair?]]> https://www.templelawoffice.com/?p=52006 2026-03-31T14:45:01Z 2026-04-01T14:42:40Z Why equal does not always mean fair An equal split gives each child the same share of your estate. At first glance, that feels balanced. But fairness depends on context, not just identical outcomes. For example, one child may have provided long-term care while another had little involvement in your day-to-day needs. When you treat both situations the same, you may overlook the different roles each person played. In some families, equal division can raise questions about whether contributions and sacrifices received proper weight.

When equal division creates practical challenges

Even when you aim for fairness, equal distribution can create logistical problems. Some assets and situations simply do not divide cleanly. This may happen when:
  • A family home requires shared ownership or sale
  • A business cannot function with multiple owners
  • Prior financial support differed in scope or timing
  • Siblings have significantly different financial positions
These challenges can turn a simple plan into a source of stress, especially when siblings must figure out how to divide or manage assets that cannot be split.

What you can consider instead

A more tailored plan can reflect your family’s actual circumstances. Rather than defaulting to equal shares, you may want to think through what feels fair in context. You might start by looking at caregiving roles and past financial support. These factors can help you define what fairness means in your situation. From there, some plans adjust percentages, while others assign specific assets rather than splitting everything evenly. In some cases, trusts or structured distributions can help address long-term needs.

Defining what fairness looks like for your family

A clear and intentional plan helps reduce confusion and sets expectations. When your decisions reflect both your assets and your relationships, others can understand them more easily. That answer may not look equal on paper, but it may feel more consistent with your intentions. As you weigh your options, a helpful question to ask is: What outcome would feel fair if each child’s situation were fully considered?  ]]> On Behalf of Harrell, Stoebner & Villanueva, P.C. <![CDATA[4 types of contract breaches every business owner should know]]> https://www.templelawoffice.com/?p=52005 2026-03-11T06:33:54Z 2026-03-18T06:29:06Z A contract is more than just a handshake. It's the backbone of your business operations. However, many owners don't realize when breaches happen until the damage already occurs. Thus, understanding the different types of contract breaches saves you time, money and valuable business relationships. 

What are the 4 types of contract breaches?

Recognizing when a contract violation occurs is the first step in protecting your business. Here are the four main types of breaches you need to watch for:
  • Material breach: This failure is so significant that it defeats the entire purpose of your agreement. If your supplier fails to deliver the main product you ordered, you can't complete projects for your customers and may lose revenue.
  • Minor breach: This occurs when someone fulfills the essential parts of your contract but misses specific details. Your vendor might deliver products on time but in different packaging than what you requested, causing minor inconvenience but not disrupting your operations.
  • Anticipatory breach: One party clearly states or demonstrates they won't fulfill their obligations before the deadline arrives. This occurs when a contractor tells you they can't complete your building project on time, you have time to find alternatives before losses occur.
  • Actual breach: The performance deadline arrives and the party simply fails to deliver. Your marketing agency misses the campaign launch date, directly impacting your product release schedule.
Each type of breach requires a different response strategy. Recognizing which type you face helps you determine the most effective way to protect your business interests and minimize potential harm.

Protect your business from non-performing partners

Knowing the types of breaches gives you a foundation for protecting your business interests. When vendors or partners fail to meet their obligations, understanding your options helps you make informed decisions about seeking remedies. Taking proactive steps to address contract violations minimizes disruptions and preserves the stability of your operations.]]>