Making Your Charitable Dreams a Reality – Part Two: The Application Once you have your nonprofit corporate entity formed, it is time to apply for tax-exempt status.  The tax exemption application must be filed within 27 months from the end of the month in which it was formed.  There are exceptions to this rule, but […]

Avoiding Probate Court (Series II) – Small-Estate Affidavits Although formal court proceedings are typically required in order to properly transfer property after death, avoiding probate court and formal court proceedings is possible under certain circumstances. In our Avoiding Probate Court (Series I) – Affidavits of Heirship: Considerations and Concerns blog, we addressed how to avoid […]

Making Your Charitable Dreams a Reality – Part One: Formation The attorneys at Waldron & Schneider enjoy helping clients make their charitable dreams come true by turning their charitable ideas and passions into an official charitable organization or private foundation. Achieving tax-exempt status requires several steps including: forming a corporate entity, obtaining an employer identification […]

Beneficiary Designations 2022 The assets held in accounts with beneficiary designations (bank accounts, investment accounts, IRAs, etc.) should pass easily to the designated beneficiary upon the owner’s death. However, issues can arise when a beneficiary is not properly designated. The policies and procedures for designating beneficiaries may differ from company to company, especially when designating […]

Avoiding Probate Court (Series I) – Affidavits of Heirship: Considerations and Concerns When a loved one passes away the process to pass property and assets according to estate documents and Texas state law is often difficult and overwhelming. Gathering all of the required documentation and determining when or if to initiate court proceedings is not […]

Eviction Actions in Texas – Can I lockout my tenant? A landlord has the right to evict a tenant for numerous reasons, some of which are described in a prior blog post (“Eviction actions in Texas – What the Landlord needs to know before evicting”). Non-payment of rent and breaches of the lease agreement are […]

Eviction Actions in Texas – What the Landlord Needs to Know Before Evicting An eviction in Texas is formally referred to as a forcible detainer action. A tenant commits a forcible detainer if he refuses to leave a property after his right to be there has ended and a demand has been made that he […]

TRADEMARK MAINTENANCE PART TWO You can prevent the unfortunate death of your hard-earned trademark registration by complying with the USPTO maintenance deadlines. Properly maintained registrations are labeled by the USPTO as “live.”  However, if maintance deadlines are missed, the trademark will be canceled and the status will be changed to “dead.”  Here is an overview […]

TRADEMARK MAINTENANCE Your company name can be essential to the success of your business.  Similarly, a unique logo or clever slogan can set you apart from your competition. Consider taking these steps to protect your brand: Brainstorm ideas for a unique company name, logo and/or slogan (collectively herein “mark”) to use in connection with the […]

ENSURING THE SAFETY OF TRUST PROPERTY TRANSFERS Whether creating a trust to avoid the hassle of probate court or to maintain an influence over assets, it is important to confirm that your property is transferred correctly. A recent decision in the U.S. District Court for the Southern District of Texas struck down a conveyance of […]

I WON!!! I WON!! WHAT DO I DO NOW? PROTECTING YOURSELF AND YOUR LOTTERY WINNINGS Many people fantasize about winning the lottery, but what do you do if hit the big one? Or even win a smaller amount?  Many individuals do not know how to properly claim their winnings or how to protect their newly […]

Defamation Claims in Texas…When can talking trash get you sued? In today’s digital age, it is very easy to spread information, whether it be opinion or accusation, out to hundreds – if not thousands – of other people with the click of a button. One hundred years ago, the way to make negative or broad statements […]

How do I protect my confidential information in litigation? A lawsuit isn’t a walk in the park—most people don’t want to be sued or have to do the suing, but sometimes recourse to the courts is the best way of righting a wrong. What happens when your lawsuit requires the disclosure of trade secrets and […]

The Importance of a Complete Legal Description in Property Deeds and Estate Documents A legal description is a written record of a piece of land containing information that clearly identifies it. In a real estate deed or any type of document related to the transfer of ownership of property, a legal description of the real […]

Potential Legal Implications of the Promissory Note In the context of a trust, a power of appointment is a legally binding provision contained in a trust which gives a surviving spouse or other beneficiary the authority to change or re-direct the trust’s property in a way that may be different from the disposition otherwise provided […]