Harrell, Stoebner & Villanueva, P.C.Temple Business Law and Real Estate Attorney | Personal Injury2026-08-14T13:53:26Zhttps://www.templelawoffice.com/feed/atom/WordPress/wp-content/uploads/sites/1505074/2024/10/cropped-favicon-32x32.jpgOn Behalf of Harrell, Stoebner & Villanueva, P.C.<![CDATA[Can one owner force the sale of co-owned property?]]>https://www.templelawoffice.com/?p=520432026-08-14T13:53:26Z2026-08-14T13:53:26ZYes, one owner can sometimes force the sale of co-owned property through a partition action, even when the other owner does not agree. Texas law generally gives a co-owner the right to seek partition, but whether the court orders a sale depends on whether the property can be fairly divided. Here is how that process can work.
A co-owner can ask for partition
You can ask a Texas court to end your shared ownership through a partition action. The court will determine the owners' interests and whether the property can be divided between them.This gives you a legal option when the other owner refuses to sell or otherwise prevents you from ending the co-ownership.
A court can order a sale instead of dividing the property
A court can order the property sold when dividing it would not be practical or would cause significant harm to the owners. For example, a single-family home usually cannot be physically divided into separate properties that give each owner a fair share.In that situation, the court can order a sale and divide the proceeds according to the owners' interests.
The other owner cannot always stop the partition
You generally do not need the other owner's agreement to ask for partition. If you have a legal ownership interest in the property, the other owner cannot simply refuse to participate and prevent you from seeking a court-ordered resolution.The court still has to determine whether partition is appropriate and whether the property should be divided or sold.
Review your options before seeking a sale
If you and another owner cannot agree on what to do with the property, review your ownership documents and your options under Texas law before taking action. A legal review can help you determine whether partition is available and whether a sale is likely to be the appropriate solution. You may have a way to end the co-ownership even when the other owner does not want to sell.]]>On Behalf of Harrell, Stoebner & Villanueva, P.C.<![CDATA[Can a divorce court divide deferred compensation?]]>https://www.templelawoffice.com/?p=520412026-08-06T10:21:29Z2026-08-06T10:21:29Zproperty you acquire during marriage as community property. The court cannot give your separate property to your spouse. To classify the benefit, the court often reviews when you earned it and what work the award covers.
How timing and plan terms affect division
The award date offers a useful starting point, but it may not match the period of work the award covers. Your employer might grant compensation for work you completed before that date. The plan could also require you to remain employed after the divorce before the award becomes fully yours.
These facts help the court identify the portion tied to work performed during the marriage. The court may treat that portion as community property while excluding value linked to work performed after divorce. The final division depends on the award’s purpose and vesting terms.
Why your employment records matter
Your employment records explain how the award works. Consider gathering the plan documents, award notice and recent account statements. Your contract or vesting schedule may show what conditions apply before you gain a fixed right to the benefit.
These documents could also identify payment dates, forfeiture terms and transfer limits. They may explain how the plan handles tax withholding and court orders. Even if the plan bars an immediate transfer, the court might account for the award when dividing other property.
Protect your fair share
Deferred compensation may prove difficult to value when payment depends on future work or a later event. You can start by learning the plan’s rules and keeping complete employment and award records. Clear knowledge and careful preparation could help you pursue a fair division without overlooking a valuable part of your pay.]]>On Behalf of Harrell, Stoebner & Villanueva, P.C.<![CDATA[Who pays when a delivery driver causes a Texas crash?]]>https://www.templelawoffice.com/?p=520402026-07-31T02:16:24Z2026-07-31T02:16:24ZA speeding delivery van runs a red light in Temple and slams into your car. You are hurt, your car is a total loss and the driver works for a company you have never heard of. So who actually pays? A delivery crash can pull in several parties and policies, and where you look shapes your whole claim.
The at-fault driver is the starting point
Texas is an at-fault state, so whoever caused the crash answers for the harm. Every driver must carry liability insurance, which is usually the first source of recovery. State law sets the minimum liability limits at 30/60/25: $30,000 for one person's injuries, $60,000 per accident and $25,000 for property damage. Those limits are often too low for a serious injury, so you rarely stop there.
The delivery company may share responsibility
Here the situation differs from a typical fender bender. Under a rule called respondeat superior, an employer is generally responsible for an employee's negligence on the job, and a courier on a scheduled shift usually qualifies. Companies often carry commercial policies with far higher limits than personal ones. Naming a business in a car crash injury claim opens a more realistic path to full compensation, though it also means facing its insurer and lawyers.
Your own share of fault can reduce recovery
What you recover also depends on your own driving. Texas uses a modified comparative fault system, so your compensation shrinks by your percentage of blame. If a court finds you more than 50 percent at fault, you generally recover nothing. Knowing this, insurers often push blame onto you to trim what they owe, which makes strong evidence from the scene essential.
Employee or contractor status changes who pays
One quiet detail can decide whether the company pays at all: was the driver an employee or an independent contractor? Many app-based services label their drivers as contractors, and a business generally is not liable for a contractor's negligence. Even so, you may have options. The company can answer for its own carelessness, like hiring a driver with a dangerous record, and some platforms carry contingent coverage while a driver is actively working.
Protecting your claim after a delivery crash
A delivery crash can involve a driver, a company and more than one policy, and each layer affects what you recover. The most useful step is to act early, while the proof still exists. Route logs and app records showing whether the driver was on the clock can confirm the company's role, but they do not last forever. Saving photos, noting what you remember and talking with a personal injury attorney soon afterward give you the best chance to hold every responsible party accountable.]]>On Behalf of Harrell, Stoebner & Villanueva, P.C.<![CDATA[What if your former business partner opens a competing company?]]>https://www.templelawoffice.com/?p=520392026-07-14T15:44:41Z2026-07-24T15:42:30ZBusiness agreements may limit competition
The agreements you signed may affect what happens after a partner leaves. An operating agreement, partnership agreement or buyout agreement may restrict competition or customer solicitation.
If your agreement includes a noncompete clause, its terms may limit your former partner's new business. Texas courts may enforce these clauses when they meet state requirements, including reasonable limits on time, geographic area and the type of work.
Company information may have legal protection
Your former partner may have had access to sensitive company information while working with you. Records or materials that have business value may qualify as trade secrets if your company took reasonable steps to keep them secret. Examples may include:
Customer or prospect lists
Private pricing or profit margin data
Protected methods that provide a competitive advantage
Texas law may allow injunctions or damages for trade secret misuse. Whether those protections apply can depend on the information involved and how your company kept it confidential.
When competition raises legal concerns
A competing business may not support a legal claim by itself, but the circumstances surrounding your former partner's departure could tell a different story.
Your business agreements and company records may help piece together what happened. Together, these details can help show whether your former partner simply became a competitor or may have crossed a legal line.]]>by Harrell, Stoebner & Villanueva, P.C.<![CDATA[What happens if you pass away without a will in Texas?]]>https://www.templelawoffice.com/?p=520372026-07-13T06:42:12Z2026-07-12T11:07:32ZHow Texas law distributes property when there is no will
When someone leaves no valid will, Texas law decides who inherits probate property. The law follows a set order instead of the deceased’s personal wishes. Some assets pass straight to a named beneficiary or surviving owner. These include life insurance, retirement accounts, living trusts, payable-on-death accounts and jointly owned property. Other assets go through probate. The court appoints an administrator, pays valid debts, identifies legal heirs and distributes the remaining property.
Who receives property when there is no will in Texas
The law decides who inherits based on family relationships and the type of property involved, including:
Spouse and children: A surviving spouse often receives community property. Separate property may be shared with children.
Blended families: Children from a previous relationship may inherit part of the estate. This can reduce the surviving spouse's share.
Married without children: The share a surviving spouse receives depends on the type of property and the surviving family members.
Single with no spouse: Property may pass to children, parents, siblings, nieces, nephews or other close relatives.
No legal heirs: If no eligible relatives are found, the estate passes to the State of Texas.
These default inheritance rules decide who receives probate property, but they may not honor the deceased's wishes or protect the people they wanted to provide for.
The risks of not having a will
A valid will is one way to decide who receives property. A properly prepared estate plan can provide clear instructions, reduce uncertainty for loved ones and help ensure property is distributed according to your wishes. Without a valid will, Texas law decides who inherits probate property. Personal wishes and verbal promises do not change the outcome, so intended beneficiaries may receive nothing. The court must first identify the legal heirs, which can delay the distribution of the estate.
A will makes a difference
A properly executed will helps protect personal wishes and makes the estate process easier for loved ones. It can reduce family disputes, avoid unnecessary delays and provide clear instructions for distributing property. An experienced Texas attorney can prepare the right legal documents and guide families through probate when needed.]]>On Behalf of Harrell, Stoebner & Villanueva, P.C.<![CDATA[What happens if Texas forfeits your company’s business rights?]]>https://www.templelawoffice.com/?p=520362026-06-22T12:26:24Z2026-06-22T12:26:24ZWhat 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=520342026-06-16T20:14:13Z2026-06-16T20:14:13Z 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=520332026-06-05T13:07:56Z2026-06-05T13:07:56ZCommon 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=520312026-05-26T07:45:30Z2026-05-26T07:45:30Zhard-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=520282026-05-15T09:39:03Z2026-05-15T09:39:03ZThe 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.]]>