Denton Texas Legal Blog

Litigation and your company’s reputation

On behalf of Kelsey, Kelsey & Hickey, PLLC posted in business law on Friday, March 1, 2019.

People often place a great deal of emphasis on some of the financial consequences associated with business lawsuits, such as financial penalties resulting from an unsuccessful outcome in court, as well as the stress associated with litigation. However, there are many other challenges that may arise for business owners when their company is taken to court, which may impact their operations in other ways. For example, a business’ solid reputation could be virtually shattered because of a lawsuit, whether the litigation was a result of alleged discrimination, sexual harassment, wage violations, trade secret theft or some other type of wrongdoing.

It is essential to protect your business’ reputation during a lawsuit and do everything you can to work toward a more favorable outcome in court. Some of these lawsuits are brought up by employees who falsely accuse an employer of wrongdoing or competitors who want to bring down another business. Even in instances where there may be some truth to the claims, the allegations could be exaggerated. Unfortunately, a business’ reputation may be shattered simply because the accusations surfaced in the first place, even if the court finds that there was no wrongdoing.

Estate planning considerations for blended families

On behalf of Kelsey, Kelsey & Hickey, PLLC posted in Elder Law on Monday, February 18, 2019.

It is not uncommon for people in Texas to get married for the second time either after a previous divorce or to the death of a first spouse. A second marriage can be a bright spot in a person's life and provide hope for a positive future but it also raises new considerations when it comes to estate planning.

Fidelity Investments encourages partners to have open conversations with each other, ideally before they get married, about what they want to be able to provide to each other and to any children they have either separately or together. It is also important to review and be clear about what obligations each spouse may have to their prior spouses or to their children. These obligations may include spousal support, child support or being named as the beneficiary on life insurance or other policies.

The government may owe landowners for lost profits

On behalf of Kelsey, Kelsey & Hickey, PLLC posted in eminent domain on Friday, February 8, 2019.

Nobody in Texas likes the idea of giving up hard-won land, but that is exactly what could happen when the government attempts to claim eminent domain. This limited power could allow the federal government to take over personal property rights from land- and homeowners. The good news is that the law was originally written to limit the power of rather than augment it.

Eminent domain is written into the Fifth Amendment of the US Constitution. As explained on FindLaw, the relevant clause requires just compensation for anyone who loses their property to the government for public use.

What could I do if I found oil on my property?

On behalf of Kelsey, Kelsey & Hickey, PLLC posted in Oil on Friday, January 25, 2019.

It is one of the great American dreams: striking oil on your own property. However, if you were to discover valuable minerals beneath your land in Texas, it would often be both wise and profitable to slow down and look at the details.

The reason behind this suggestion is that you could potentially earn much more from them by making the right moves in the initial stages after you strike your natural resources. It is similar to winning the lottery — the financial and legal handling of the first few steps of your mineral discovery could significantly affect long-term results.

Understanding oil rig blowouts

On behalf of Kelsey, Kelsey & Hickey, PLLC posted in Oil on Monday, January 14, 2019.

With the enormous oil industry in Texas, oil rig blowouts pose a continuing problem. The State of Texas keeps track of such potentially catastrophic events and reports that Texas saw 46 blowouts over the past three years, 11 in 2018, 14 in 2017, and 24 in 2016.

Petro-Online provides the explanation of what happens when an oil rig blows: the crude oil gushes uncontrollably out of the well. If even the smallest spark, such as one from a cigarette ash, comes into contact with the gushing oil, the result could be a massive explosion and fire.

Common mistakes to avoid when preparing your estate plan

On behalf of Kelsey, Kelsey & Hickey, PLLC on Wednesday, January 9, 2019.

If you have decided it is now time to complete your estate planning, then congratulations, you have made the decision to take care of your family and make sure all your future wishes will be carried out when you are no longer around.

However, as you begin the estate planning process, there are certain mistakes you need to watch out for. By not properly executing your will or trust, you could end up affecting the inheritances that you want your beneficiaries to receive. By reading this, you may have already dodged the biggest estate planning mistake you can make, dying without establishing a will. Dying without a will puts others in charge of your property and it may not turn out anything like you would want.

Tips for winning condo or homeowner’s association disputes

On behalf of Kelsey, Kelsey & Hickey, PLLC posted in real estate law on Wednesday, December 26, 2018.

As one of the millions of Americans across Texas and the United States who must abide by the rules of a condo or homeowner’s association, you may have certain guidelines governing you with regard to painting, maintenance and so on. You may, too, have had some type of disagreement with your HOA at some point or another, whether it be about parking, tree branches, fencing or what have you. At Kelsey, Kelsey & Hickey, PLLC, we recognize that fighting your homeowner’s association is often an uphill battle, and we have helped many Texas homeowners involved in HOA disputes pursue solutions that meet their needs.

According to U.S. News & World Report, about 72 percent of people who live within condo or homeowner’s associations have experienced issues at some point that they found difficult to resolve. While it can prove difficult for a homeowner to go toe-to-toe with an entire board and find success, there are certain steps you can take while preparing to fight your HOA that may make you more likely to find a favorable solution.

Arbitration often used in oil and gas disputes

On behalf of Kelsey, Kelsey & Hickey, PLLC posted in Oil on Monday, December 17, 2018.

As many business owners know, disputes between companies can get contentious and costly, both in terms of time wasted and money spent. In Texas, where the oil and gas industry dominates a large share of the market, disputes are not uncommon. There are many ways to settle a dispute, ranging from courtroom litigation to alternative dispute resolution methods – the latter of which are meant to reduce conflict, time and cost, as well as to preserve business interests.

A current dispute between two Texas oil companies – Wagner Oil Company in Fort Worth and Apache Corporation in Houston – was recently scheduled for arbitration by an appellate court. The Dallas Business Journal reports that the dispute concerns environmental cleanup litigation over assets previously owned by Apache, which Wagner Oil Company purchased. According to the arbitration terms, the final hearing should take place within 30 days of the first hearing.

Identifying the roles of an estate executor

On behalf of Kelsey, Kelsey & Hickey, PLLC posted in Elder Law on Monday, December 3, 2018.

People who have lost a close friend or loved one may feel overcome with emotion. In addition to dealing with the loss, there is the task of organizing the estate left behind by the deceased. This can be a daunting process, and it is usually led by estate administrator or executor of the estate. In some cases, the deceased will name someone they wish to act as an estate executor in his or her will. However, if an executor is not named, the court may appoint someone to carry out the tasks delegated to that position. What exactly does an estate executor do?

The executor must gather up critical documents, including the death certificate, life insurance policies, trust documents and the last will and testament. They must also gather together all of the deceased’s property and assets and have them valued. This value is the estate’s worth, and the administrator may have to pay certain bills, taxes, funeral expenses and other expenses out of this fund. Executor’s are responsible for protecting the estate while it is going through the probate process or paperwork is being processed. Once the value of the property is assessed and all of the expenses are taken care of, the remaining property and assets are distributed to the beneficiaries named in the will. The executor may have to locate these heirs to alert them of their inheritance.

Maximizing the return on your land as a property owner

On behalf of Kelsey, Kelsey & Hickey, PLLC on Monday, November 19, 2018.

Many landowners across the United States own properties that contain oil, gas or other mineral resources beneath their surfaces. In exchange for these coveted resources, many receive royalties. In fact, the National Association of Royalty Owners estimates that nearly 12 million American landowners receive royalties for companies extracting minerals from their properties.

In Texas, mineral rights are a common issue for property owners. Whether you already own property or are looking to purchase, it is important to understand your rights, as well as how to maximize the potential return on any resources on such property.

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