Real Estate - Title Insurance
Real estate transactions are complicated. Whether selling or buying, the safest way to protect yourself and your interests is to seek the advice of an experienced real estate attorney. Beginning as an abstractor in high school for King Abstract Company and subsequently, acquiring ownership of the agency, and ultimately obtaining a law degree in 1979, Bill has always had an interest in real estate and title insurance. Bill understands the need for and the benefits of title insurance as well as the necessity for a properly drafted document of conveyance. Many attorneys do not have a working knowledge of such matters. Like other types of insurance, there are exceptions to coverage and a buyer of real estate needs to be informed as to the many options for the inclusion of additional protective coverage's which may not be offered if not requested. The cost of title insurance is the same at all title companies, but the level of experience varies drastically. Bill prepares all types of legal documents related to commercial, large ranch and residential real estate transactions.
Guardianship
A legal guardian by definition is a person who has the legal authority to care for the personal and property interests of another person, called. Guardians are typically used in 3 situations: guardianship for an incapacitated senior (due to old age or infirmity), guardianship for a minor, and guardianship for developmentally disabled adults. With the rise of Alzheimer’s and other forms of dementia, the issue of guardianship is becoming more prevalent. With advanced notice, the necessity of the guardianship of a person’s estate can be avoided. However, if a guardianship is required, Bill has handled these types of proceedings for many years. The process will start with a determination whether the alleged incapacitated person is actually incapacitated. There will often be an evidentiary hearing. Only if a finding of incapacity is made will the next step take place: whether a guardian is necessary and, if so, who should the guardian be.
Estate Planning - Elder Law
If you don’t have an Estate Plan, the State has one for you and you probably won’t like it. Nothing is more critical than making sure that you and your family are prepared for the eventualities of life. While a Will insures your wishes will be carried out to the letter, everyone should also consider the advantages of having a power of attorney, a medical power of attorney & a directive to physicians in order to be fully prepared. In addition, a good estate plan may need to include a procedure to transfer your homestead during your lifetime which is revocable and which becomes effective only upon your death. Often called a “Lady Bird” or Transfer on Death deed, this document will avoid any claims against the homestead from nursing care facilities. It is one thing to acquire an estate and another thing to be able to pass it on to your loved ones in an efficient and affordable manner. Bill has always had a great passion for this area of the law and he urges everyone to not delay this important planning.
Mineral Ownership/Oil & Gas
With the development of the Barnett Shale, oil and gas issues have come to the forefront in Erath County. The rights of mineral estate owners are superior to the rights of the surface estate owners. Therefore it is important to determine the ownership of the mineral estate when purchasing acreage. Bill has spent more than thirty years examining titles to real property in Erath and surrounding counties. He has access to valuable information regarding prior mineral ownership that is not readily available to other firms. This is due to his long time association with and prior ownership of King Abstract Company, the only title company that has a complete set of Erath County’s land records. Many important issues must be considered before you enter into a partnership with an oil and gas through the execution of an Oil, Gas & Mineral Lease. Most standard oil and gas leases contain language granting rights to the oil and gas company are often contrary to the best interests of the surface owner. Bill has the answers that you need to know before you sell or purchase property or execute an oil and gas lease.
Probates
The granting of probate is the first step in the legal process of administering the estate of a deceased person, resolving all claims and distributing the deceased person's property under a will. A probate court decides the legal validity of a testator's (deceased person's) will and grants its approval, also known as granting probate, to the executor. Is it always necessary to incur the expense of a formal probate proceeding? While every estate requires some documentation in order to determine where the assets of the estate pass, in some cases the cost of formal probate proceedings may be avoided through a contractual agreement by and between all of the named beneficiaries of a will or by and between all of the heirs at law of the deceased. It is always Bill’s objective to offer the most affordable representation regarding the specific legal issues that are presented in each estate. In other words, if the wishes of the deceased can be carried out without formal probate then he will seek that resolution.
Family & Divorce Law
Some of the most dramatic and trying issues in law are those involving your family. Divorce, custody, support, visitation and court interventions are issues that have long reaching impacts on everyone involved. For five years as a prosecutor, Bill represented Child Protective Services (CPS). He now utilizes that insight to help clients resolve issues with CPS. You will find that Bill is very personally involved in each individual case. He takes the extra time to understand all the issues involved. You need an attorney who is extremely knowledgeable of the law and the facts and who can honestly evaluate your case. In his thirty years of practice, this has always been his approach to matters of the heart. Unlike larger firms, Bill has always been a sole practitioner. He provides personal representation to each of his clients. His case load is always in line with his ability to meet the individual needs of his clients. People expect and deserve the right to have direct access to their attorney.
