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PRACTICE AREASCorporation, Banking and Business LawWe work with principal officers of major corporations, banks and investment firms regarding matters of transactions, commercial litigation, management and organizational matters. Our Attorneys assist in formation and dissolution of business entities, such as corporations, joint ventures and limited partnerships. Personal InjuryOur firm is dedicated to people who suffer a personal injury as a result of the negligence, mistakes or intentional behavior of others. We have assisted individuals and families obtain the justice and the restitution they deserve for their injuries. We have the resources and commitment to accomplish fair results in personal injury matters. We personally handle each case with the utmost level of dedication and care. Here is a list of some of the types of personal injury cases we handle:
Real Estate LawWe represent national companies, public and private entities, universities, governmental entities, limited partnerships, financial institutions, individual investors and others in various real estate transactions including the sale, acquisition and development of industrial, residential and commercial real estate and businesses located thereon. We negotiate, structure and consummate financial transactions on behalf of lenders, investors and borrowers. We assist landowners with industrial, office, and shopping center leases. We draw construction contracts for landowners, builders, contractors, engineers and architects and are experienced in the drafting and implementation of deed restrictions for residential, commercial and industrial developers, as well as homeowner's associations. Our in-house title department closes, funds and issues title policies through all nationally recognized title underwriters. Business and Consumer LitigationOur Firm has a long history of representing both plaintiffs and defendants in the area of business and consumer litigation. The expertise of the attorneys in the Firm includes virtually all types of business and consumer matters, including real estate, contracts, business torts, construction law, collection work, banking, and Deceptive Trade Practices Act violations. Our Firm has a long history of representing numerous automobile dealers in the area in all aspects of the running of a dealership including all the various types of litigation matters that are filed against a dealership. Our trial lawyers use the most current technology to make more effective presentations in trial courts, appellate courts, and mediations. Our attorneys understand that immediate action is frequently needed in a business or consumer matter and we are prepared to act quickly to protect our client's rights and interests. Construction LawOur attorneys have vast experience in representing clients dealing with pre- and post construction matters. We are familiar with all areas of construction law, both commercial and residential projects, including drafting and review construction contracts, architect agreements, engineer agreements, and counsel regarding Texas lien laws, and construction disputes and their resolution. We are also familiar and can advise our clients in regards to the current law regarding insurance coverage and its availability in dealing with construction defect litigation. Our attorneys have experience in drafting, review and negotiation of interim construction loan documents and are able to facilitate a smooth loan closing process for our clients as we have a great deal of experience representing lending institutions as well as owners pursuing a loan for construction purposes. Family LawOur firm has the experience, commitment and knowledge to effectively represent all family law clients. We provide clients with superior legal representation and realize that every client's situation is different. We know the importance of keeping our clients fully informed on the progress of their case, because there is nothing more unsettling to a client than feeling isolated from the significant decisions of their case. We strive to help clients through the emotional and legal challenges that often accompany family law issues by helping them to assess their options and make decisions that best suit their situation. Our clients are encouraged to take part in and to learn about the Texas law as it pertains to the specific issues in their case. We provide each individual personalized time, attention, professionalism and confidentiality. Our firm fights aggressively for our client’s rights. We use our skills and training to aid each client in addressing their goals and interests. We use mediation to help settle some or all of the issues in our client’s case while minimizing the financial and emotional impact of divorce. We make sure that each client understands the issues inherent in their case so that he or she can make the best possible decisions. Our firm provides representation for the following family law issues:
Descriptions Alimony – Texas has court-ordered post divorce alimony available to persons having marriages of 10 years or more and without the power to meet their reasonable minimum monthly necessities after the division of the marital estate. The alimony statute was designed for spouses that have been in long-term marriages and not in the workforce, maintaining the marital household and raising the children. In some circumstances, being the victim of family violence can make you eligible for alimony even in marriages of less than 10 years. Child – Unemancipated minor to whom a parent owes a duty of support. Child Custody – An action that is brought by the other parent or other person with the legal authority to request the court to grant them the right to primarily raise the child. Child Support – A specified amount paid periodically by one parent to the other parent, or person with legal custody of the child, for the benefit of the child. The health insurance premiums and uninsured medical costs incurred on behalf of a child are also enforceable as child support. Collaborative Family Law - This is a new type of divorce process. In a collaborative law divorce both parties have lawyers whose only job is to help them resolve their issues. The parties and their lawyers agree to work together to resolve both parties’ interests. No one may go to Court or even threaten to do so and if that should occur, the collaborative law process terminates and both lawyers are disqualified from any further involvement. Community Property Law – Community property is defined in the Texas Family Code as to all property in a marriage that is not separate property. Conservatorship – The legal term for custody. The Texas Family Code states that the person with sole custody is called “Sole Managing Conservator” and the “visiting parent” is called “Possessory Conservator.” However, the Code presumes all parents will be named “Joint Managing Conservators,” dividing the relative rights and duties between the joint managing conservators. Divorce – The dissolution of the marriage and division of the assets and liabilities. Family Law – All types of litigation involving the relationships as in divorce or child custody issues. Guardianships – The main reason for a guardianship is to expedite needed medical care, but there are also other reasons. A guardian of the person is responsible for his ward's health and personal care. A guardian of the estate manages his ward's assets and is accountable to the court in so doing. A single individual may serve in both capacities. Legal guardianship in Texas is a court dependent proceeding in which a guardian is appointed to "oversee" the person and/or estate of an incapacitated person. A Texas guardianship can be established over minors, the mentally ill, the developmentally challenged, those who are frail and anyone else the court finds to be unable to properly function in one or more delineated areas, such as handling money, driving a car, making medical decisions. The Court can appoint guardians for individuals under the age of 18 who require the guidance of a responsible adult. The Court can appoint guardians for the care and protection of adults over the age of 18 who require specialized supervision. Once appointed, the guardian or conservator has control over decisions involving medical care, education, social situations, contractual agreements, and other factors. A guardianship may be granted to a concerned friend or family member if there is evidence of verbal, physical, or emotional abuse by one or both parents in the home, or if the parents are physically or financially unable to care for the child. Grandparents Custody – Grandparents are given some preference over 3rd party non-parents in custody cases, however the genetic connection alone is not enough to overcome the prevailing “best interest” test in custody cases. Grandparents Visitation – Grandparents have the right to ask for Court-Ordered visitation with their grandchildren in certain circumstances. Marital Agreements – Spouses may enter into an agreement, enforceable as a contract that characterizes the property collected during marriage so that determination is not left up to a court should the parties dissolve their marriage by divorce. Marital Property Distribution – The Texas Family Code mandates that a court make a division concerning assets and liabilities that are accumulated during marriage in a manner that is “just and right” according to the circumstances. Marital Property Law – The Texas Family Code governs the methods of management, control and distribution of all assets and liabilities accumulated during the marriage. Parents’ Rights – In Texas the rights and duties of a parent are enumerated in the order originating from any suit affecting the parent-child relationship. There are rights and duties that parents have at all times, rights and duties that each parent would have during their respective periods of possession of the child and rights that either parent may have exclusively. Parental Kidnaping – A parent who wrongfully takes their child, secreting from the other parent, can be found to be both civilly and criminally liable for such acts. Further, the offending parent’s right to visitation with the child may be restricted, if not eliminated. Paternity – A father of a child who is not married to the mother. The father must demonstrate his parentage to a Court in order to receive the benefits of a parent. A Paternity or Parentage suit, in addition to establishing the legal relationship between a father and child will also deal with other issues such as child support, visitation, health insurance, uninsured medical, pre- and post natal expenses and surname of the child. Post-Divorce Modification – The Court granting the divorce has continuing jurisdiction to revisit all issues relating to the child post-divorce, including custody, visitation and child support. Post-Nuptial Agreements – see “Marital Agreements” definition. Premarital Agreements – Persons intending to marry have the right to enter into an agreement to maintain separate property as separate and to characterize community property after marriage as separate, which is significant as no court has the authority to divest a person of their separate property. Spousal Support – Each person has a statutory duty to support their spouse. If a divorce is filed, the court may order one person to pay directly to the other spouse. Step-Parent Adoptions/Termination of Parental Rights – In the event a step-parent wants to become a “legal” parent of their step-child, they may get together with their spouse and have the court establish a “legal” parent-child relationship between themselves and the child. The rights of the other parent must be terminated before the adoption can be granted. In order for a parent to be relieved of their legal duties as a parent and in order for another individual to adopt a child, that parent’s legal rights and duties must be terminated for all time. Third Party Custody – Other persons, not the parent of a child, may petition a court for custody of a child. To qualify as such a person the individual must have significant contact with the child. In Texas the Family Code scrutinizes any non-parent in their bid for custody and requires an extremely high burden be met by the non-parent seeking custody over a legal parent. Visitation Rights – The Texas Family Code outlines guidelines for possession and access to any child the subject of a suit affecting the parent-child relationship. Wills & ProbateOur firm has extensive experience with probate, estate administration, will, trusts, and other estate planning documents. Probate is the legal process by which a person’s debts are paid and assets are distributed upon his or her death. Estate Administration involves the gathering of assets of the decedent; paying the debts of the decedent; and distributing the remaining assets to the beneficiaries named in the Will. Individual state laws direct the probate court how to dispense the deceased’s estate. State laws and procedures very greatly, so it is essential to confer with an attorney with expertise in this area of the law to ensure that the deceased’s assets are distributed properly. Wills and Trusts are tools used to carry out the wishes of a client with respect to property and assets. Our firm provides representation in all areas of Probate and Wills, including but not limited to the following:
Site Directory: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Copyright © by Landrith & Kulesz, L.L.P.. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement. |
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