The Nacol Law Firm Blog

Latest from The Nacol Law Firm Blog

Starting a Texas business corporation is not as complicated as one might imagine. Corporations are widely used as a business structure for small thriving entrepreneurs for many reasons. Corporations allow limited liability, a pooling of resources from many parties willing to invest, centralized management, and free transferability of ownership at any time. All these reasons make the corporation business model agreeable and a logical option for many entrepreneurs. The forming of a corporation with legal assistance may be a smooth and efficient transition. There are a few requirements needed to form a corporation in Texas. First, an individual must fill…
Verbal Contracts do exist and are legally enforceable in Texas,  as a matter of law,  if they meet necessary legal requirements and specificity. Adequate consideration must be given between the two parties of a verbal contract to make it binding. Adequate consideration is defined in two ways: (1) having a mutual reciprocal exchange [bargained for exchange] or (2) having legal value [an individual must do something that he is not legally obligated to do]. If adequate consideration is given between both parties and all other legal requirements are met, then a verbal contract may be held valid in a court…
Texas is an “Employee-At- Will” state which gives few rights to an employee that are not created by statute or governed by labor regulations. At-will employees can be terminated for any reason, as long as the reason is not in violation of specific statutes or is not due to failure or refusal of the employee to commit an illegal act during employment. A Texas Employment Contract is of critical importance in order to create equal rights and obligations that are enforceable. An employment contract must directly limit the employer’s right to terminate an employee without good cause (a defined term)…
This is a complicated question to answer depending upon the facts of each case.  If you have experienced domestic violence you need to immediately do whatever is necessary to secure you and your child’s safety.  Many times a victim will go to court for a protective order and ask the judge to move the abusive or violent spouse out.  In this situation contact an experienced family law attorney now! In most cases, absent of violence or risk of abuse, we would not suggest that a spouse move out of the marital residence. Why is this?  One reason is once you…
Creating a Will is extremely important for individuals that have a sizeable estate in the Dallas and DFW metroplex. Time and time again, individuals refuse to properly prepare for death and do not see the proper preparation of a legal and valid will as a necessity. When you refuse to prepare a Will, then your entire estate will pass through the intestate process. Intestate rules apply if: (1) there is no will, (2) the will does not completely dispose of the entire estate, or (3) there is a pretermitted child/adopted child born after the will’s execution. In certain situations, a…
There has been an overall decrease in the United States divorce rate since 1990, but the divorce over age 50 has doubled! “One out of three boomers will face old age unmarried” says the National Center for Family & Marriage Research at Bowling Green State University. What are the main reasons for “The Gray Divorce Revolution”? 1. Lack of communication between spouses, 2. Financial hardships affecting a couple, 3. Empty nests and the lack of “stay together for the family” and 4. Lack of commitment to the marriage with less social stigma about splitting up and divorce. In today’s economy,…
Typically, standing to contest the validity of a Will is limited to two classes of persons: 1) a person who is named on the face of the Will (i.e. any beneficiary); and 2) a person who would inherit from the testator if the Will was invalid.  The most common grounds, or reasons, for contesting a Will are: Undue influence – is an equitable doctrine, which involves one person taking advantage of a position of power over another person. In such cases, free will to bargain is not possible. Duress Election against the Will by a widowed spouse or orphaned children…
Are you to the point of no return in your marriage?  Nothing left of feelings, just apathy or indifference. Do you feel you must leave this place now or die trying? What about your financial security after the divorce? Divorce is an emotional roller-coaster. How will you take care of your debt, bills, and your children’s needs?  Time to grab your laptop or pad of paper and start thinking smart about “the first day of the rest of your life. If your “I need a divorce” decision is now made, start work on learning your current family financial situation and…
Every day the impact of social networking is growing and affecting the everyday American in all aspects of their lives. The Pew Research Center, http://pewinternet.org/Reports/2013/social-networking-sites.aspx , has just come out with a new study, in which a record 72% of online adults are social networking users! Young adults are the predominate users, but since 2009, the 65+ users have jumped from 31% to 43%! Another new study by Pew Research, http://pewinternet.org/Reports/2013/social-networking-sites.aspx , finds that most internet users would rather be anonymous online, but cannot! 86% of internet users have taken steps online to remove or mask their digital footprints and…
What are the most common Business Structures for your new Texas business venture? Always planning for common or unpredictable major life events in your business dealings makes very good financial and legal sense. Getting good legal advice up front when setting up your new Texas business will save much time, money and stress in your future business decisions. Watch our video and read more on our blog about business formations in Texas here. Julian Nacol, attorneyNacol Law Firm P.C.Dallas TX(972) 690-3333…