Services

Eviction

  • There are several steps that must be followed in Texas when evicting a tenant from your property.
    • First, a notice to vacate the property must be sent and there are various requirements for this such as what it must contain, the amount of notice that needs to be given, and how the notice can be served on the tenant.
    • Second, if the tenant still refuses to leave the property an eviction suit must be filed in the Precinct of the Justice of the Peace Court in the county in which the property is located . Our firm will file the lawsuit and make sure everything is handled legally with the tenant along with representing you on the day of trial.
    • After a judgment is rendered for the landlord, the tenant must vacate the property within five days or the tenant can chose to appeal the judgment.
    • If the tenant still refuses to leave after the five day period, a writ of possession will be issued by the court. Typically, a constable will deliver the writ and force the tenants along with their property out of the residence.
  • Call our office today and let us handle the entire eviction process for you.

Deed Preparation

  • One of the most challenging things when transferring property is deciding which type of warranty deed is the most effective. In Texas, there are four main types of deeds: a general warranty deed, a special warranty deed, a quitclaim deed, and a deed without warranty. There are many differences between the different types and each can greatly affect the transfer of real property. There is no standard form for deeds in Texas; however, they must contain certain statutory language to become effective. It is very important to consult with an attorney when choosing which real estate deed suits you best for your desired outcome.

Commercial and Residential Contract Review

  • Our firm will review all types of real estate contracts including commercial and residential sales contracts and residential and commercial leasing agreements.

Removal of Lien from Property

  • In order to convey marketable title to a buyer a seller must deliver marketable title to the buyer at closing. A lien is often discovered when a title company runs a search of the real property records when preparing a title commitment for a sale or refinance transaction. This can cause problems because a title company may refuse to issue a title policy until the lien is cleared or removed.
  • It is usually practical to first consult with the party claiming the lien to see whether or not you can receive a voluntary release of lien from that party. If that does not work the Texas Property Code provides for both judicial and nonjudicial remedies to have the lien removed from the property.

Closing on Property

  • Buying a home will likely be a very exciting yet stressful process. When it comes to making such a large investment and purchase it is wise to have an attorney present to review all documents. Our firm will ensure the process runs as smooth as possible. Our firm will review all the documents on your behalf, including the sales contract, earnest money deposit, title commitments, land surveys, mineral deeds, etc. Our firm will be there with you every step of the way through the purchase of your new home.
    Title review can disclose many possible unknown defects that will make the property not marketable such as:

    • Forged deeds and releases
    • Single people giving deeds who were secretly married and did not receive consent of the other spouse
      Fraud
    • Missing heirs or beneficiaries
    • Invalid divorces

There are also many more defects that can affect the property that are not listed above.
Contact our office today to set up a consultation to ensure your closing runs as smooth as possible.

Formation of Entities

When starting a new business it can requires lots of work and time to ensure that everything is done property. The Texas Lawyer Group will provide assistance to you so that the process is very smooth and easy for you. Whether you want to form an LLC, corporation, or partnership, our firm will provide guidance to make sure you choose the best entity possible for you business.

  • Corporation (Corp., Inc.) – This entity is made up of shareholders, directors, and a central board of directors. The Corporation generally has double taxation but you may choose to elect S-corp or C-corp status to avoid the double taxation depending on a variety of factors.
  • Limited Liability Company (LLC) – The LLC is generally the most popular type of entity chosen. It limits the liability of all members when it is chosen as member managed and the LLC has a pass through tax formation, which is usually advantageous to many starting a new business.
  • Limited Partnership (LP) – The LP must have at least two partners, a general partner and limited partner, in order to form.
  • Professional Limited Liability Company (PLLC) – The PLLC is typically chosen by attorneys or other individuals that are all licensed in the same profession.
    The first step when creating a legal entity is to file with the Secretary of State (typically a certificate of formation), however, that is only the start. There are many other factors involved as well such as: choosing a business name that complies with the Secretary of State, receiving a tax EIN for you entity, creating bylaws, an operating agreement, or some other type of partnership agreement, and many other things so that the entity is formed correctly.

While creating a business entity can be done on your own, failure to consult a business attorney can drastically affect the formation of your entity in many negative ways. Please allow us to do the work for you so that your business entity will be formed properly.

Will Preparation

  • Drafting a will is a very important process to ensure that your assets are properly distributed after your death. With no will present, a person’s belongings and assets will be distributed according to the Texas intestacy laws which can be unfavorable for many of your relatives and those that you intended to give your belongings to. Please call our office today to schedule a consultation to discuss the possibility of creating your own will.
  • Texas recognizes handwritten wills (holographic wills) and typewritten wills (formal wills)
  • To execute a valid will in Texas, the testator (person creating the will) must meet the following requirements:
    • (1) be at least 18 years of age, or has been lawfully married, or is serving in the armed forces;
    • (2) be of sound mind at the time of execution of the will;
    • (3) the will must have been made voluntarily with no undue or fraudulently inducement; and
    • (4) the testator must have testamentary intent (present intent to give property away at death.

Statutory Durable Power of Attorney

  • This instrument allows someone of your choice whether it be an attorney or another individual to make decisions regarding your personal property in case you cannot speak due to an injury or illness.

Statutory Medical Power of Attorney

  • This instrument allows someone of your choice to make medical decisions on your behalf if you have been incapacitated due to illness or injury.

A trust is a fiduciary agreement that allows a party, the trustee, to keep assets for one or more designated beneficiaries in the trust. There are a variety of ways that a trust can be established as to when and how the trust assets will pass to the beneficiaries. The creator of the trust, the settlor, will designate a trustee and transfer all his/her assets to the trust to be managed by the trustee. The trustee’s duties include managing the trust, acquiring new assets for the trust when required, and administering the trust assets according to the settlor’s wishes indicated in the trust document.

Many people will use a will for their assets so that their assets will pass to their desired heirs with no problems. However, some choose to place their assets in a trust. Before deciding which to choose you should consult an attorney to see which fits your needs best. Please call our office today to schedule a consultation!

This is a special type of trust created for those with firearms. The typical gun trusts sets forth how a person’s firearms will be managed in case of their death or incapacity. Individuals usually choose to create a firearm trust for all NFA (National Firearms Act) firearms they have purchased. All firearms placed in a gun trust will pass to the designated beneficiaries without the need for the probate court process. Many people will place all their firearms in this gun trust including non-NFA firearms.

The main benefit to using a gun trust for your NFA firearms is that more than one individual may have access and use of the firearms if they are listed in the trust. Also, the firearms placed in the trust will pass to the beneficiaries without the need to involve the probate court process. If for some reason you become incapacitated while owning an NFA firearm, that firearm can be immediately taken away since it is illegal for any other person to have the firearm. Therefore, it is wise to create a firearm trust in case something were to happen your firearms will be left with the individuals you will list in your gun trust.

The trust is not recorded and is not a public document; rather it is to keep for your privacy and for your firearms. Although when you purchase an NFA firearm a copy of the trust must be sent with the application for the NFA firearm.

Why should I use an attorney instead of an online service?
Our firm will provide a number of added benefits when we create your gun trust. We create every gun trust specific to your own situation and your firearms.

Office information

2219 Sawdust Rd. Suite 102,
The Woodlands, TX 77380

Telephone:
713-702-8610

E-mail:
kyle@kylewhitelaw.com

Office Hours:
Monday-Friday: 8 a.m.-5:30 p.m.
Or By Appointment

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