In some cases, one partner proves less competent or committed to the business than they initially indicated. Other times, a shift in priorities can result in partners having different goals for the organization. When partners disagree about the management of the organization they started together, the future direction of the company or even the continuation of contributions to the organization, those disagreements can damage their working relationship.

The foundational documents for the business and the agreement between the partners may impose specific obligations and clarify the plan for the company. An initial partnership agreement may even include provisions outlining a specific conflict resolution process when partners do not see eye-to-eye on key matters. Another common element in partnership agreements is a buy-sell agreement that can facilitate a smooth transition to sole ownership. 

Formal notice of a breach of contract or an invitation to alternative dispute resolution can motivate a business partner to address the conflict. Actually sitting down to discuss the matter could help the partners reach an amicable resolution. Ideally, each partner has a legal professional present to provide them with guidance and support during negotiations or alternative dispute resolution efforts.

When early attempts to realign partner perspectives and preserve the working relationship fail, the best solution may be for the partners to discuss a buyout arrangement. A previously signed buy-sell agreement can guide the process of business valuation and other details as one partner acquires the other’s interest in the company.

Without a buy-sell agreement, partners may need to negotiate an arrangement for a buyout. In scenarios where one partner refuses to accept an offer that aligns with the pre-existing agreement between the partners, civil litigation might be necessary to reach a resolution concerning business assets.

Litigation can also be helpful in scenarios involving breaches of contract or one partner’s breach of their fiduciary duty, possibly by embezzling from the company. Having assistance while addressing a dispute with a business partner can reduce the likelihood of lasting damage to the company or individual reputations. 

Grob & Associates Law Firm PC advises North Texas agreements on the negotiation of partnership agreements as well as the resolution of disputes between business owners. To discuss your particular issue, please call 972-777-5701 or contact us online. We have locations in Rockwall and Wylie. 

Defendants in the Dallas Metroplex area may potentially be eligible for adult drug treatment court proceedings instead of a traditional criminal trial. Seeking adjudication in the Texas adult drug treatment courts can be a beneficial option for those whose addiction problem has led to criminal charges.

Adults struggling with substance abuse disorders are at greater risk of criminal prosecution than the general public. Along with charges for drug possession and distribution, the side effects of chemical dependence or withdrawal can lead to impulsive decision-making that includes many different kinds of criminal activity. Theft offenses, for example, have a strong association with chemical dependence, as people may steal either the substance that they abuse or resources so that they can acquire that substance.

Generally speaking, adult drug court is only available to those accused of nonviolent criminal offenses. Defendants seeking adjudication in the adult treatment courts must also undergo an assessment that validates their claim of struggling with a substance abuse disorder. The adult treatment courts focus on addressing the addiction that contributes to criminal activity rather than just punishing those who have violated the law.

Those facing first-time charges, and those with only minor criminal records, could be eligible for adjudication in the treatment courts instead of traditional prosecution. The goal is to help the defendant overcome their addiction problem through structured support and accountability. Drug court proceedings require that defendants fulfill numerous requirements, including:

• Drug and alcohol education courses

• Group recovery meetings

• Individual therapy sessions

• Randomized drug screening

• Regular attendance of specialized court proceedings overseen by the same judge

• Stable housing and employment

The entire process can easily take 18-24 months, sometimes longer, which can be burdensome to some. However, the prospective benefits of the adult drug treatment courts include avoiding a standard criminal conviction and bypassing the various criminal penalties that the courts could impose. 

Those accused of drug crimes or offenses related to substance abuse should discuss their charges with a Texas criminal defense attorney as quickly as possible.

Grob and & Associates Law Firm PC represents North Texas residents accused of drug crimes and other criminal offenses. Please call 972-777-5701 or contact us online to discuss your legal options. Our offices are in Rockwall and Wylie.  

Ensuring that the prenuptial agreement is valid and capable of withstanding legal scrutiny during divorce proceedings, however, is critical. Couples negotiating prenuptial agreements sometimes rush through the process and make major mistakes that can ultimately render their agreements unenforceable. Some of the most common errors that can render a prenup useless include the following:

• Using one attorney for both spouses

• Downloading forms from the internet that do not satisfy specific Texas requirements

• Focusing on personal matters, such as weight gain or the frequency of marital intimacy

• Addressing issues that cannot be controlled through a prenup, such as child support

• Establishing lopsided terms that favor one spouse to the detriment of the other

Strong prenuptial agreements generally need to focus primarily on the practical expectations for the marital relationship and the economic separation of the spouses in the event of a divorce, but boilerplate forms often lack necessary specifications or customization. 

There are many parts of a marriage that prospective spouses might want to discuss beforehand, but it is best to keep a prenuptial agreement focused on financial issues such as property division and alimony. Courts are reluctant to delve too deeply into lifestyle matters and must make decisions on custody and child support based on the best interests of the youths involved, not what parents agreed to beforehand. 

Each prospective spouse should have an attorney representing them to ensure that the terms of the agreement are reasonably fair. This arrangement should avert potential attempts to have the document thrown out because one spouse says they did not understand its terms. Separate representation also limits the likelihood of unconscionable language that prioritizes the protection of one spouse at the expense of the other, which can also cause a court to invalidate an agreement. 

An experienced attorney can provide guidance to ensure that the terms set in a prenuptial agreement reflect the actual expectations of the engaged couple and are likely to be enforced if the marriage ends in a divorce.

Residents of North Texas can discuss their concerns and draft effective prenuptial agreements with the help of the legal professionals at Grob & Associates Law Firm PC. To schedule an initial consultation at our Rockwall or Wylie location, please call 972-777-5701 or contact us online. 

A Texas Supreme Court decision, Suday v. Suday, established a minor exception to this rule. In that case, Marybel Suday was the executor and sole beneficiary of her mother’s estate. She was originally represented by counsel in litigation relating to the distribution of estate property, as well as her parents’ divorce. However, Suday eventually decided that she did not want the lawyer to represent her and opted to handle the lawsuit herself. 

In its decision, the Texas Supreme Court noted that the rationale of the ban on executor pro se representation was the protection of third-party beneficiaries. Recognizing that there were no other heirs to her mother’s estate, the justices allowed Marybel Suday to represent herself, because the lack of professional counsel would not hurt anyone else. 

Even if a Texas executor who is also sole beneficiary may represent themselves pro se, it is wise to entrust probate litigation matters to a qualified attorney. Missteps can derail administration, undermine credibility with the court, increase costs and prolong disputes. In fact, Marybel Suday herself is a prime example of the problems that can arise without professional legal support.

After the state Supreme Court’s reversal on the pro se representation issue, Suday brought an appeal both on the estate’s behalf and hers personally as a beneficiary. This was not necessary or useful because her claims regarding her parents’ divorce were already rejected in her individual capacity. Moreover, the Court of Appeals in San Antonio stated in its decision that many of the case Suday cited to support her claim did not exist. This drives home that point that even where pro se representation is technically permitted, probate is a specialized, procedure-heavy arena best left to experienced attorneys.  

Grob & Associates Law Firm PC represents estates and beneficiaries in probate litigation actions from our North Texas offices in Rockwall and Wylie. To schedule a consultation, call us at 972-777-5701 or contact us online. 

Richard C. Harris drafted a will in which he declared that arbitration would be the sole means of resolving a dispute relating to the will or trust he created. Beneficiaries who did not agree to this term would forfeit any benefit conferred by his estate planning instruments. Harris specifically included breach of fiduciary duty claims within the mandatory arbitration provision. Moreover, the will said the clause would apply even in situations where the dispute was based on appropriate grounds. 

The Court of Appeals for Texas in Waco reviewed the Texas Arbitration Act (TAA) to determine if parties to a probate or trust dispute could be compelled to go to arbitration. While the TAA does bar mandatory arbitration provisions in certain situations, such as collective bargaining agreements, no such prohibition applies to probate matters. The court emphasized a basic principle of statutory interpretation: if the Legislature had intended to exclude probate disputes from arbitration, it could have said so. 

Similarly, the court rejected the argument that enforcing the arbitration clause would usurp the probate court’s authority to resolve disagreements among parties to a will. Justice Steve Smith’s decision noted that the court retains the power to confirm or deny the arbitrator’s holding. Given that the grandchildren who brought the challenge had accepted their bequests, the mandatory arbitration provision in the Harris will was held to be valid and enforceable. 

If you are concerned that loved ones will engage in a dispute over your will or trust after you are gone, there are several options you can discuss with your attorney. Many testators include a no-contest, or in terrorem, clause, which prevents someone who contests a will from receiving any part of the estate. However, these provisions usually will not be enforced if the challenge is made in good faith. That could be why Richard Harris opted for an arbitration requirement instead. 

Grob & Associates Law Firm PC advises clients on estate planning and represents parties in probate litigation matters. We have two North Texas offices, located in Rockwall and Wylie. To schedule a consultation, call us at 972-777-5701 or contact us online. 

Previously, the Texas Family Code granted standing to adults who spent at least six months providing actual care for the child(ren) at issue. This standard reflected many situations where a family member, step-parent or nonmarital partner shared child-rearing duties with one of the youth’s legal parents. 

However, a major change has occurred. Instead of actual care, control and possession of a child, the law now requires six months of exclusive care for a nonparent to have legal standing. An adult who shared an equal caregiving role with a youth’s legal parent seemingly will not have the ability to petition for custody or visitation rights, regardless of their emotional bond with the child. This shift is designed to reduce third-party custody litigation except in the most compelling circumstances where a nonparent acted as sole caregiver for an extended period of time.

Another major revision eliminates the longstanding provision that allowed a step-parent or non-biological partner to pursue custody upon the death of the legal parent with whom they lived. This shift in Texas family law strengthens the rights of biological parents even when their son or daughter primarily lived with someone else. Blended families might want to consider proactive steps to establish a legal relationship through adoption and termination of the parental rights of a biological mother and father who is not a part of the child’s life.

Texas has also made the Expanded Standard Possession Order (ESPO) the default schedule when parents live within 50 miles of each other. This framework for access and possession offers additional time for noncustodial parents to spend with their children. Previously, a parent had to affirmatively elect ESPO, which it provides Thursday overnights and extended weekend possession. Under the 2025 update, courts start with ESPO automatically unless the evidence shows it would be impractical or inappropriate. 

Grob & Associates Law Firm PC in Rockwall and Wylie advises North Texas residents on child custody issues and other family law concerns. For a consultation, please call 972-777-5701 or contact us online. 

Texas followed the lead of approximately 30 other states by establishing a Business Court in 2024. Currently comprised of 10 judges across the state, the Business Court is authorized to adjudicate commercial litigation matters where the amount in controversy is at least $5 million. Judges are selected based on their skill and experience handling complex business cases. 

Given their background and ability to focus exclusively on commercial matters, the judges should be able to resolve sophisticated issues in this area of law with more speed and consistency. In the closing weeks of the 2025 legislative session, Governor Greg Abbott signed SB29, a measure that dovetails with the Texas Business Court by strengthening protections for board decision-making and giving companies more control over where and how internal disputes are heard.

Unlike the past, when a single shareholder was able to commence legal action challenging a good-faith decision of a corporation’s board of directors, the new Texas law now only permits these claims when at least 3 percent of shareholders take part. 

Though not originally within its purview, the Business Court is now empowered to preside over complex intellectual property disputes where there is state court jurisdiction. This includes lawsuits brought pursuant to the Texas Uniform Trade Secrets Act.

As Texas aims to attract businesses from Delaware and other locations, there might be additional changes affecting business litigation. Though the Business Court has statewide jurisdictions, judges currently sit only in the following five cities: Dallas; Fort Worth; Houston; Austin and San Antonio. Companies might revise their internal and external practices so that more matters go before the Business Court, so it is possible that the roster of jurists expands. 

The knowledgeable attorneys at Grob & Associates Law Firm PC advocate for clients in various types of Texas business litigation cases. To discuss your particular issue, please call us at 972-777-5701 or contact us online. Our offices are in Rockwall and Wylie.  

The legislation passed in 2025 addresses many different areas of concern. One provision upgrades the classification of DWI cases where the motorist’s blood-alcohol concentration is .15 percent or higher to a Class A misdemeanor. This level of intoxication is well above the .08 percent standard that is used in most cases for per se drunk-driving charges. With the change, someone convicted of an extreme DWI faces up to one year in jail and a maximum $4,000 fine. 

Senate Bill 826 also shifts other specific drunk-driving crimes into a higher sentencing category. Operating a vehicle in a school zone while the reduced speed limit applies, is now a state jail felony. Likewise, it is now a state jail felony when someone is convicted of DWI for the second time. Incarceration for people found guilty in these cases can range from 180 days to two years. 

As DWI penalties get tougher, prosecutorial leverage increases. It is more important than ever to hire a skillful criminal defense lawyer if you’ve been accused of driving under the influence. Where a guilty plea might have been a reasonable decision in the past, the new legal framework might compel you to fight the allegations. 

There are many potential defenses in a DWI case. Overzealous law enforcement officers might have stopped your car without a reasonable suspicion of illegal activity or arrested you without probable cause. Police could have administered field sobriety tests incorrectly, or misinterpreted something innocuous as an indicator of intoxication. Even breath and blood tests can be mishandled in a way that destroys the validity of their results. 

Our experienced attorneys at Grob & Associates Law Firm PC represent clients in drunk-driving cases and other criminal defense matters from our North Texas offices in Rockwall and Wylie. To schedule a consultation, call us at 972-777-5701 or contact us online.

When you wish to act as administrator for the estate of someone who died intestate, you should notify the Probate Court in the county where the decedent lived. When possible, courts usually appoint a close family member who has demonstrated the willingness and ability to handle the probate process. Given the absence of a will, property owned by the deceased is not distributed based on what their preferences might have been, but Texas intestate succession laws. 

Intestate succession is a priority system in which heirs are determined by their familial relationship to the decedent. Each family member in a particular category is treated equally. It does not matter that the person who died was very close to one sibling, but estranged from the other. They both receive the same value. The order of priority generally follows this structure:

• Surviving spouse — Community property acquired during the course of the marriage is typically owned equally by both spouses. If the decedent had no children or grandchildren from other relationships, the surviving spouse takes full ownership of community property. When the decedent did have children or grandchildren unrelated to the surviving spouse, those descendants inherit the deceased individual’s share of their community property and two-thirds of their separate personal property. 

• Children and grandchildren — If there is no surviving spouse, the estate passes completely to the decedent’s children in equal shares. In situations where a son or daughter passed away prior to the decedent, their children, if any, receive their inheritance.

• Parents and siblings — Next in the succession priority for unmarried people who die without living descendants are parents and siblings. For example, if one parent and multiple siblings survive the decedent, half of the estate goes to the parent while the other half is divided among the siblings. 

Most situations do not require it, but extended family members such as grandparents, aunts, uncles, cousins might be entitled to inherit assets if closer relatives are not alive. 

Intestate succession provides a legal roadmap, but it is not a substitute for a well-drafted estate plan. If you’ve lost a loved one who had no will—or want to prevent your loved ones from having to deal with intestacy—speaking with an experienced Texas attorney can make all the difference.

Grob & Associates Law Firm PC advises Texans on a wide range of probate and estate planning issues. Please call 972-777-5701 or contact us online for a consultation. Our offices are in Rockwall and Wylie.  

One simple, common method of shifting real estate title is through a transfer-on-death deed. This legal instrument, authorized by statute, allows a property owner to name one or more beneficiaries who will assume title upon the owner’s death. This transaction occurs outside the probate process, so the recipient(s) will not have to wait until the estate is settled to take control. While the original owner is alive, they retain exclusive title to the parcel and can revise or revoke the transfer-on-death designation at any time. 

A “Lady Bird” deed, also known as an enhanced life estate deed, has many similarities to a transfer-on death deed, including the benefit of probate avoidance. However, a Lady Bird designation might offer advantages when it comes to protecting beneficiaries from creditors. Also, should the original owner be unable to execute the deed, their agent can do so. This is not allowed with a transfer-on-death instrument. 

There are also options that give eventual beneficiaries a legal interest in the property while the original owner is still alive. Under joint tenancy with right of survivorship, two or more owners possess the title and must consent to transactions, such as sales and loans secured by the property. When one owner dies, the other(s) take full ownership without the parcel going into the decedent’s estate. In situations where the joint owners are married spouses, this can be referred to as community property with right of survivorship. 

You can also help your loved ones bypass probate by transferring real estate into a trust. Terms of the trust can state that you are able to enjoy the property during your lifetime, then have it shifted to people you name once you pass away. A strategic gift is another possibility. 

As each tool has advantages and possible pitfalls depending on your situation, you should speak with a knowledgeable estate planning attorney concerning which option works best for you, as well as other ways to transfer assets outside of the probate system.  

Grob & Associates Law Firm PC handles a wide range of estate planning and probate matters for North Texas residents from offices in Rockwall and Wylie. Please call us at 972-777-5701 or contact us online to make an appointment. 

Heirs and interested parties can challenge a last will and testament for several reasons, but the decision to do so should only be made after careful thought and consultation with a qualified probate litigation attorney. To halt enforcement of a will’s terms, a challenger must prove one of the following grounds by a preponderance of the evidence:

• Forgery, alteration or deception — A signature that does not seem to be accurate might signal a forgery. There could also be other language in the document that appears to have been added or changed by someone beside the purported testator. Another potential ground is that the person who signed the will was deceived about its contents.
• Undue influence — Elderly individuals and those suffering from serious physical ailments could be vulnerable to coercion from a dishonest person. If you suspect undue influence led the decedent to put something in their will that did not reflect their true intentions, it is important to take prompt action. Many of these cases involve friends and family members who try take advantage of the testator’s trust in them. Courts look for isolation of the testator, a confidential relationship with the influencer, sudden changes from prior estate plans or the influencer’s active participation in preparing the will.
• Failure to meet legal requirements — Texas wills must be written and signed by a legal adult testator, as well as two disinterested witnesses. A possible flaw could be that a witness is an interested party. Additional rules exist for handwritten documents. There is a four-year deadline from the date of the decedent’s passing to start the probate process unless the court finds special circumstances exist.
• Lack of testamentary capacity — To make a valid will, a person must understand the nature of what they are doing. If the testator suffered from dementia, severe illness or another impairment at the time of signing, medical records and witness testimony can support a capacity challenge.

Don’t hesitate to contact a lawyer if you have suspicions about a will, because strict deadlines apply to contest the validity of a testamentary document.  

Our experienced attorneys at Grob & Associates Law Firm PC represent clients in will contests and other forms of probate litigation from our North Texas offices in Rockwall and Wylie. To schedule a consultation, call us at 972-777-5701 or contact us online.

Hakan Oksuzler worked for Bank of America and had been married to his wife, Lauren, since 2010. As part of his job, Hakan received an annual bonus that was linked to both his performance and the company’s. The bonus typically included both cash and stock, and was awarded around February 15 of the following year. 

Sometime in November 2019, Hakan’s manager recommended a bonus totaling $140,000 in cash and equity. This amount was approved by the bank’s board of directors in January 2020 and presented to Hakan the next month. On December 9, 2019, the divorce between Hakan and Lauren Oksuzler was finalized. However, a dispute still existed about the disposition of the 2019 bonus. Both the trial and appellate courts ruled that because the award was made after the marriage, it should be classified as separate property. 

In a case captioned In re J.Y.O., the Supreme Court of Texas reversed that holding. The justices stated that because the discretionary bonus was earned by Hakan for work performed during the marriage, it is considered community property. According to the decision, salaries and bonuses are dated according to when the right to the compensation arises, not when the payment is actually made. To support this principle, the Court noted that if the date of payment were used, divorcing spouses could game the system during a property division dispute by deferring compensation until the marriage was legally dissolved. 

Before you start the divorce process, you should speak with a knowledgeable Texas attorney regarding the disposition of community property and any potential conflicts about whether a particular item is a separate asset.  

Grob & Associates Law Firm PC in Rockwall and Wylie provides strong advocacy for North Texas residents who are going through a divorce. Please call 972-777-5701 or contact us online to schedule an appointment. We offer a free consultation for family law matters.    

When the COVID-19 pandemic swept through the United States starting in 2020, many people became acutely aware that a sudden injury or illness could leave someone without the time they need to draft a legal last will and testament. Accordingly, adults of various ages made estate planning a priority. However, a recent study shows that this trend has subsided and the percentage of Americans with a will is dropping, particularly within younger demographics. The research from Caring.com shows that only 43 percent of people 55 and over have a will, down from 48 percent in 2020. 

Estate planning is an important responsibility for any adult, not just seniors and the wealthy. You deserve to decide where the assets you’ve accumulated should go upon your death. Even if your family is not blessed with a great fortune, the funds and property you leave behind could be enormously valuable to someone you love. Likewise, though people who have not yet reached middle age often don’t think about estate planning, there are key concerns facing individuals in their 20s, 30s and 40s. These are the typical parenting years, and a document outlining guardianship preferences should be included within the estate plans of anyone with a minor son or daughter. 

Your attorney can make the will drafting process suit your situation and goals. Estate planning should be a continuing process, possibly starting with a simple will and expanding over many years to reflect changing relationships, financial circumstances and objectives. Don’t be someone who left their family in a bad position because they procrastinated. 

At Grob & Associates Law Firm PC, we create personalized wills, trusts and other estate planning instruments for Texas clients. To discuss the best ways to protect your loved ones and accomplish your goals, please call 972-777-5701 or contact us online. Our offices are in Rockwall or Wylie. 

A decision from the state’s Court of Criminal Appeals more than 30 years ago prevents counties and municipalities from utilizing checkpoints during the holidays or at any other time of year. In Holt v. Texas, the defendant driver was arrested at a sobriety checkpoint created by the Arlington Police Department. 

Over a three-hour period, each of the 341 drivers who passed through the location was stopped and questioned by law enforcement officers. The Arlington Police Department had developed a procedure for questioning and examining the motorists. This authority had been granted to the department’s chief by the city council. Ms. Holt was one of 10 drivers arrested. 

Arlington authorities relied on a U.S. Supreme Court decision approving a checkpoint procedure established by the State of Michigan. This case noted that while there is a strong interest in keeping intoxicated motorists off the road, it must be balanced against an individual’s right to privacy. Since then, courts and many state legislatures have adopted procedures aimed at maximizing the effectiveness of roadblocks while minimizing the intrusion on drivers. Some ways to do this include picking checkpoint locations based on crash data, supervisory review of procedures, limited detention time, neutral selection criteria, conspicuous signage and advance public notice.

Despite Arlington’s efforts, the Texas Court of Criminal Appeals said that the city’s checkpoint did not meet the Supreme Court’s standard. While the Michigan case involved a statewide procedure approved by the courts, the Arlington’s Police Department developed the DWI roadblock procedure on its own. The decision allows for the creation of a statewide checkpoint policy like the one enacted in Michigan, but more than three decades later, none has been developed, so Holt still stands to prevent cities and counties from creating their own roadblock rules. 

Even without random stops, there are many ways for authorities to step up enforcement of drunk-driving laws during the holiday season, including increased patrols. Police can stop a vehicle if they have a reasonable, articulable suspicion of DWI or some other illegal activity. 

Grob & Associates Law Firm PC defends North Texas residents accused of drunk driving, as well as other crimes. To schedule a consultation reagrding your legal rights, please call 972-777-5701 or contact us online. Our offices are in Rockwall and Wylie. 

Under the Texas Family Code, parental rights can be terminated if a mother or father has “engaged in conduct, or knowingly placed the child with persons who engaged in conduct, which endangers the physical or emotional well-being of the child.” The case titled In the Interest of N.L.S. and E.J.C. involved a five-year-old boy referred who showed up at a neighbor’s house hungry because he had been left at home all alone. Later on, the boy’s mother came home with her other child, an infant girl. Upon investigation, N.L.S. and his sister, E.J.C., were taken into custody of the Department of Family and Protective Services. The children’s mother was found to have a drug problem and previous issues relating to child neglect. 

The incarcerated father of N.L.S. said he was part of the boy’s life, but had spent much of the five years in prison for a wide range of crimes. Overall, he had been convicted of 12 offenses since 2008, which included drug offenses, burglary and two instances of family violence involving victims from other relationships. A DFPS caseworker interviewed him several times and he did not seem to know basic information about his son. He did make statements indicating his awareness that the mother of his son was not a fit parent. 

Based on his pattern of escalating, repeating convictions and the nature of his crimes, the Court affirmed the decision to terminate the father’s parental rights. The justices also pointed how he knew that N.L.S. was endangered by living with is mother yet did not make an effort to remove the boy from her care. Conduct that inadvertently endangers a child’s well-being is sufficient grounds for termination.

This decision serves as a crucial reminder of the comprehensive approach Texas courts take regarding child welfare and parental responsibilities. For parents, it signals the urgent need to be proactive about addressing situations where their children’s physical or emotional health is at risk.

Grob & Associates Law Firm PC in Rockwall represents North Texas clients in all types of family law proceedings. Please call 972-777-5701 or contact us online to schedule an appointment. We offer a free consultation for family law matters at our Rockwall and Wylie locations.    

In June, the state enacted SB1300, a bill sponsored by State Senator Pete Flores, among others. Sen Flores attributes more than $20 million in annual sales tax revenue losses to large-scale theft operations, and retail groups say the amount taken from stores exceeds $400 million. The updated law lists four types of activity that qualify as organized retail theft:

• When two or more people work in concert to deprive a retailer of merchandise

• When someone appropriates merchandise from a retailer on at least two occasions in a 180-day period

• When someone who did not personally steal goods benefits from organized retail theft carried out by others

• When two or more people work in concert to overwhelm security in order steal goods

Harsher sentences put into place by the law are as follows:

• Property at issue valued at less than $100 — Upgrade from a Class C to a Class B misdemeanor, making incarceration possible even for theft of the most inexpensive merchandise. 

• Property at issue valued between $100 and $750 — Upgrade from a Class B to a Class A misdemeanor, increasing maximum penalty from a $2,000 fine and 180 days in jail to $4,000 and one year. 

• Property at issue valued between $750 and $2,000 — Upgrade from a Class A misdemeanor to a state jail felony. This would not only make a convicted defendant a felon, but also could result in a $10,000 fine and two years behind bars. 

Similarly, existing felony charges would all be increased by one level for cases involving larger amounts. 

The new laws, along with the media attention given to shoplifting incidents, raise the possibility that authorities will stretch to bring organized retail theft charges. There is a great deal of room for interpretation when assessing whether two people acted in concert or overwhelmed security. If you are accused of organized retail theft or another offense, an experienced criminal defense attorney can review the facts and find the flaws in the prosecution’s case. 

Grob & Associates Law Firm PC defends North Texas residents accused of felony and misdemeanor theft offenses, as well as other crimes. To schedule a consultation to discuss your legal rights, please call 972-777-5701 or contact us online. Our offices are in Rockwall and Wylie. 

Under Senate Bill (SB) 23 and Senate Joint Resolution (SJR) 85, the school tax homestead exemption for Texans who are disabled or at least 65 years of age has been raised from $10,000 to $60,000. This means that this amount would not be counted when a property is assessed. Moreover, the standard homestead exemption was hiked from $100,000 to $140,000, giving seniors the ability to exclude up to $200,000. For homes valued at less than that amount, no school tax would be applied. 

Each situation is unique, but some older homeowners will see considerable reduction in property tax liabilities, effectively cushioning them from escalating home values. School district taxes are also frozen the year someone qualifies for the exemption due to age or disability. By lowering property taxes, the law allows elderly and disabled homeowners to retain more of their income. This financial relief might allow them to devote additional assets to estate planning vehicles while still having what they need to cover daily living expenses and healthcare costs. 

Depending on the particular circumstances, there could be a stronger incentive for older family members to retain their primary residences because of the reduced tax burden. Accordingly, they might make passing this property to children or grandchildren part of their estate planning strategy. 

Medicaid eligibility and long-term care planning is also a key concern for older individuals and their families. Strategic use of the homestead exemption and other options, such as a Medicaid trust, can help people fund nursing home expenses without worrying about severe financial consequences for themselves or their loved ones. 

As these and other legal developments unfold, it is important to consult with a knowledgeable attorney to ensure that you’re getting the most possible out of your estate plan under current laws. At Grob & Associates Law Firm PC, we help Texans leverage their opportunities by preparing a full range of estate planning documents for them. Please call 972-777-5701 or contact us online to schedule an appointment at one of our offices in Rockwall or Wylie. 

Read the full Article: https://www.expertise.com/tx/garland/family-lawyer