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How Do Texas Courts Determine Whether a Will Was Made Under Undue Influence?
In Texas, a will may not be considered valid if it was made under “undue influence.” This is because the undue influence may have changed the will-maker’s true wishes, plans, or intent so that they are unrecognizable – and certain beneficiaries or heirs may be harmed as a result. Texas uses a three-element test…
The Duties of a Trustee in Texas: An Overview
When you become a trustee of a trust in Texas, your job is to administer the trust, following the rules laid out in the trust and in the Texas Trust Code – and, if there are no rules in the trust or the Trust Code that apply, the rules created by Texas common law….
Can a Business Sue for Defamation?
What You Need to Know About Business Disparagement Claims Negative reviews of products or services can hurt businesses, but when they are honest, these reviews can also provide key insights into how to improve. When a review or other claim is false, however, it’s a cloud with no silver lining – just damage. False…
What Is a Will Contest and How Do I Contest a Will in Texas?
Will Contests in Texas When someone who is affected by a will believes that there is something wrong with the will, he or she may “contest” the will in court. This type of case is also known as a “will contest.” Since wills in Texas must follow strict legal guidelines to be considered valid,…
How to Hunt Legally This Season
With Hunting season starting, Shaw Cowart wanted to remind everyone of the Hunter Safety regulations effective in Texas. Every hunter (including out-of-state hunters) born on or after Sept. 2, 1971, must successfully complete a hunter education training course. Proof of certification or deferral is required to be on your person while hunting. Minimum age…
Shaw Cowart Accepted into the International Society of Primerus Law Firms
We are pleased to announce after a lengthy and thorough application process, our firm has been selected for membership in the International Society of Primerus Law Firms. This network consists of over 200 remarkable law firms around the globe that share our commitment to client service excellence, integrity and legal skill. Our membership expands…
Three Easy Ways to Drive More Safely Around Large Trucks
The category “large trucks” is, well, a large one. It includes every truck from a 10,000-pound box truck for local deliveries to an 80,000-pound, thirteen-foot-tall tractor-trailer. One thing all these trucks have in common is their ability to outweigh a passenger vehicle by several tons. When a car, pickup, or minivan collides with a…
Asserting and Negating Jurisdiction in a Texas Special Appearance
Since a special appearance filed under Texas Rule of Civil Procedure 120a seeks to challenge the court’s personal jurisdiction over the defendant in a case, the merits of the special appearance argument focus on the basis for jurisdiction. Generally speaking, the plaintiff is responsible for asserting the basis or bases for jurisdiction, and the…
Life in a Semi: How Understanding Large Trucks Can Help You Stay Alive
Whenever you get in your car, chances are that you’ll share a stretch of road with a tractor-trailer or other large trucks. These trucks account for a significant number of the vehicle miles driven each year – and their large size, weight, and other factors make them a big danger in an accident. To…
How Does Due Order of Pleading Affect Texas Special Appearances?
A special appearance challenges a court’s personal jurisdiction over a defendant in Texas. Unlike many other types of pleadings or motions, the timing of the special appearance is essential. Generally speaking, the special appearance must be filed as the first responsive pleading or as part of the first responsive pleading. In other words, when…