Skelton Slusher Barnhill Watkins Wells PLLC Skelton Slusher Barnhill Watkins Wells PLLC | Lufkin Litigation Lawyers 2026-08-13T09:39:48Z https://www.skeltonslusher.com/feed/atom/ WordPress On Behalf of Skelton Slusher Barnhill Watkins Wells PLLC <![CDATA[Can you pass surface rights down to your heirs in Texas?]]> https://www.skeltonslusher.com/?p=48848 2026-08-10T20:59:33Z 2026-08-13T09:39:48Z How surface rights pass through an estate plan The documents in your estate plan can determine who receives your surface rights and how ownership transfers. Depending on your circumstances, that transfer may occur through:
  • A will that identifies the person who will receive the property
  • A trust that holds and distributes the real estate
  • Texas intestate succession laws when no valid estate plan exists
  • Property deeds and records that define the ownership interest
Although each method can transfer surface rights, the process and the resulting ownership can differ depending on the legal documents involved.

What happens after your heirs inherit surface rights?

Who inherits your surface rights can also shape future property ownership. If one person inherits the property, ownership will generally transfer to that individual. If multiple family members inherit together, they may become co-owners with equal rights to use and manage the property unless your estate plan provides otherwise. The process can also differ depending on whether the property passes through probate or under the terms of a trust. In either case, the transfer documents establish who owns the surface rights once the estate settles.

Planning today can help preserve family property

Surface rights can remain in a family for generations, but that does not always happen automatically. The way you structure your estate plan can influence who receives the property, whether ownership stays together or becomes divided and how your heirs carry out your wishes after your death. Many Texas landowners use surface rights to protect a family's history, future plans or financial goals.Taking those rights into account as part of your estate plan can help reduce uncertainty and create a clearer path for the next generation of property owners.]]> On Behalf of Skelton Slusher Barnhill Watkins Wells PLLC <![CDATA[Key areas to address in a partnership agreement]]> https://www.skeltonslusher.com/?p=48849 2026-07-30T11:19:00Z 2026-08-04T11:15:44Z When one person decides to start a business by themselves, the business formation process may be fairly streamlined. They get to make all of their own decisions and create the business exactly the way they desire. But when two partners are going into business together, there are some additional steps that need to be taken. It is very important to officially define their working relationship, and it is often wise to use contractual documentation like a business partnership agreement. Below are three different areas this agreement can address, although every situation is unique.

Division of income

To start with, the partnership should clearly define how the partners are going to divide income, along with any related debt. How much money are they each going to contribute to the business? Do they take a set salary, an hourly wage or just a percentage of revenue? This needs to be defined in advance to avoid future disputes.

Ownership percentages

Along with dividing income, the partners need to divide their ownership in the business itself. This could be as simple as saying that two partners each own 50% of the company. But it is still important to clearly define that in the agreement, especially when it comes to making key business decisions or selling an ownership share in the future.

Roles and responsibilities

Finally, the partnership agreement may define specific roles for each partner. Who makes creative decisions? Who makes financial decisions? Who makes key choices about the workforce or bringing on new employees? Many partnership disputes happen because the partners have overlapping roles, or assume they do, so defining them in advance can help. The key is to be careful and proactive at the beginning of the business formation process, taking the correct steps to address any issues upfront. As business partners work their way through this process, they need to know what legal options they have.  ]]> On Behalf of Skelton Slusher Barnhill Watkins Wells PLLC <![CDATA[How Texas community property law affects estate planning]]> https://www.skeltonslusher.com/?p=48845 2026-07-16T12:14:52Z 2026-07-21T12:14:00Z Community and separate property fundamentals As a community property state, Texas considers most income and assets acquired during marriage to be community property. For example, wages earned during marriage belong equally to both spouses, affecting how they pass in a will. Separate property includes assets owned before marriage, individual inheritances and certain gifts. A premarital home is a common example, and it follows separate property rules during probate. This means it does not automatically pass in equal shares. Reviewing your family's major assets helps confirm how each item is classified and how that classification impacts estate planning decisions.

Planning for mixed‑character assets

Mixed‑character assets contain both community and separate interests. A frequent example is a premarital home that receives community funds for mortgage payments or improvements. Those contributions create a community interest in the property, which must be traced to determine accurate shares. Careful planning reduces disputes and helps ensure shares transfer according to Texas law.

Key steps for effective planning

Taking a few steps can help families manage property classifications with confidence. These include the following:
  • Review all assets and determine their character.
  • Maintain records that support separate property claims.
  • Consider agreements that clarify ownership during marriage.
  • Update estate planning documents as circumstances change.
By taking these steps, you create a strong foundation for accurate and efficient estate administration. Partnering with a legal representative can help you build a plan that reflects your goals.]]> On Behalf of Skelton Slusher Barnhill Watkins Wells PLLC <![CDATA[What is an easement appurtenant?]]> https://www.skeltonslusher.com/?p=48841 2026-07-01T09:40:28Z 2026-07-06T09:39:47Z but to an individual. This type of easement does not run with the land.

What difference does it make?

One of the main differences between these two types of easements involves what happens to them if the property changes hands. With an easement in gross, since it only benefits an individual, a new buyer is generally not obligated to uphold the easement. They could certainly choose to do so, and they may enter into an official agreement with another property owner to do so. But it is not part of the land itself, so it is their decision. With an easement appurtenant, however, the new owner typically takes on the obligation after the transfer. That is why it is so important for people to understand if an easement exists when making an offer or completing the purchase process. They are still going to have to allow the easement even after they take possession of the land, meaning that someone else may be allowed to access or use that property. Easements can have an impact on property values, and they can also lead to disputes between property owners regarding how they apply or when they need to be upheld. When these disputes occur, it is important for those involved to know what legal options they have.]]> On Behalf of Skelton Slusher Barnhill Watkins Wells PLLC <![CDATA[Business lawsuits often constitute complex litigation]]> https://www.skeltonslusher.com/?p=48837 2026-06-17T09:26:29Z 2026-06-22T09:25:48Z What makes litigation complex? Complex litigation involves factors that can drastically increase the timeline for resolving the dispute. Often, the complexity comes from the amount of evidence that the courts must assess to appropriately resolve the legal dispute. When one business files a lawsuit against another, there may be hundreds of cases of relevant documents that require an analysis to ensure that the outcome of the case is fair. It may take months to gather and assess evidence and even longer to effectively present it in court. Other times, lawsuits that involve parties in more than one jurisdiction or multiple plaintiffs can end up classified as complex litigation. There are often special judicial procedures for complex litigation, and business leaders may need to prepare for a much more protracted process than they might face in a simple legal dispute. The many complicating factors that arise during business litigation can lead to a much more protracted and costly legal process than individuals face in minor lawsuits. Working with legal professionals familiar with the challenges of complex business litigation can help business leaders to better ensure that they understand the process ahead and adhere to all requirements imposed by the courts.]]> On Behalf of Skelton Slusher Barnhill Watkins Wells PLLC <![CDATA[How asset preservation planning works in Texas estates?]]> https://www.skeltonslusher.com/?p=48835 2026-06-09T10:24:39Z 2026-06-12T10:23:59Z preservation planning in Texas estates often focuses on helping you organize land, business interests, and other property in a way that may lower risk from creditors, lawsuits, and long term money problems. In Deep East Texas, where you may own land, run a business or work with natural resources, these choices can shape how secure your plan feels over time.

How does asset preservation support Texas estates?

You often start by looking at what you own, how you own it and what risks could affect it. Texas law offers several protections, but those protections often depend on how you set up your assets. Texas law includes homestead protections. These rules may protect a primary home from certain creditor claims. In addition, the Texas Property Code sets out personal property exemptions that may protect certain types of assets. As planning continues, it often includes your business interests too. From there, you may look at ways to separate personal assets from business risks.

How do common planning tools support asset protection?

You may see several tools used together when building a plan. Each tool has a different role, and together they may help reduce different types of risk. Common examples include:
  • You use limited liability companies or partnerships to keep business and personal assets separate
  • You set up trust arrangements to guide how you manage and pass on assets
  • You use exemption planning to work within Texas property protection laws
  • You create clear ownership structures to show who owns land or business interests
These tools often work best together instead of on their own, depending on your situation and long term goals.

How do risks usually show up in Deep East Texas?

In areas where land and natural resource businesses are common, risks can show up in a few everyday ways. Boundary disputes, contract issues and debt claims can affect both land and business operations. You may also deal with issues tied to shared ownership or inherited property. Because of this, planning often examines how assets move, how you title them and how different obligations could affect them over time.

What key legal considerations shape Texas planning?

Several legal points often shape how you structure your planning:
  • Homestead protections usually apply only to a qualifying primary residence under Texas law
  • Debt claims often depend on timing and the type of obligation involved
  • Business entities may help keep business risk separate from personal property
  • Trust terms may guide how you manage and share assets
Each of these points can affect how well different planning tools work together under Texas rules.

Building stability through practical planning choices

Asset preservation planning in Texas estates often comes down to balancing protection with day to day ownership needs. When you understand how exemptions, business structures and trusts work together, you may get a clearer sense of how your estate plan supports both current needs and longer term financial concerns.]]> On Behalf of Skelton Slusher Barnhill Watkins Wells PLLC <![CDATA[The common business mistake that leaves LLC owners exposed]]> https://www.skeltonslusher.com/?p=48834 2026-06-03T14:50:55Z 2026-06-08T14:50:13Z Commingling resources is a common mistake During the early stages of developing a business, people frequently use their own bank accounts or credit cards for company expenses. They may not establish a separate account for the business until the company starts generating revenue. That failure to establish clear financial separation can have devastating consequences. It may allow creditors or other plaintiffs to “pierce the corporate veil” if the company doesn’t have the resources to compensate them. They can ask the courts to hold the sole member who owns and operates the LLC accountable for a debt or for the judgment against the company. Cases involving financial misconduct, including commingling personal and business finances, can lead to the courts holding LLC owners accountable for company debts. Taking appropriate steps when establishing an LLC, such as establishing a separate bank account, is critical for the protection of the owner starting the company. Working with an attorney can take much of the risk out of business formation. People with support during the startup process can avoid mistakes that could leave them at risk of personal liability in the future.]]> On Behalf of Skelton Slusher Barnhill Watkins Wells PLLC <![CDATA[What makes truck accident claims so challenging?]]> https://www.skeltonslusher.com/?p=48831 2026-05-21T12:02:46Z 2026-05-26T12:02:05Z Multiple parties Examples of who might share the blame apart from the driver include:
  • The truck’s owner could be responsible if they sent the driver out without adequate training or pushed them to break hours of service rules.
  • The mechanics who maintained the truck could have liability if, for example, they failed to secure the wheel nuts properly, and a wheel came off mid-journey, causing the driver to lose control.
  • The last team to load the truck could be liable if the load shifted mid-ride, causing the trailer to topple over
  • The parts manufacturer could be liable if the failure of a part led to the accident
The number of parties that could be at fault is not the only reason these claims are more complex.

Higher costs

The costs those injured by trucks face are often much higher than after the average car crash. Trucks are so big and heavy that the chance of catastrophic injury is much higher for anyone they hit. One insurance policy, such as that held by a truck driver, might not cover all the costs you incur, so you may have to pursue multiple parties to get the total amount of compensation you need. Experienced legal guidance is advisable in a situation like this.]]> On Behalf of Skelton Slusher Barnhill Watkins Wells PLLC <![CDATA[What happens when a seller fails to disclose defects?]]> https://www.skeltonslusher.com/?p=48827 2026-04-21T14:36:25Z 2026-04-24T14:35:44Z Buying a home is one of the biggest financial investments you’ll make. That’s why it’s upsetting and frustrating when you discover your new home has a defect that will cost thousands of dollars to repair, in addition to the money you’ve already spent to purchase it. Sellers are required to disclose certain known problems with a property, and when they fail to do so, there can be serious consequences for both sides of the transaction.

Texas’ seller disclosure requirements

Home sellers usually need to complete a Seller’s Disclosure Notice regarding the property’s condition. This can include issues such as structural defects, past flooding, pest infestations or plumbing or electrical problems.  While sellers are not expected to disclose problems they don’t know about, they can’t ignore or hide defects they are aware of. Sellers are not required to provide environmental assessments or to disclose whether the home was built on a former industrial site. A seller can face legal problems if they knowingly provide false information, omit important details or conceal a defect. If a buyer discovers a defect that should have been disclosed, they do have options. They may be able to seek compensation for the cost of the repairs or the reduced property value. In cases where there is clear evidence of fraud, the buyer may seek to rescind the transaction, though that remedy is rare. A significant challenge in these cases is proving that the seller actually knew about the problem. Proof against the seller may include indirect evidence, such as prior repair records, earlier inspection reports or communications that reference the issue. Without it, it can be difficult to hold a seller legally responsible, even if the property has a major problem. While the law offers remedies, prevention is often the better approach. Between the seller’s disclosure, home inspection and follow-up questions, buyers can often uncover potential problems before closing. If you suspect that important information about your new property’s condition was deliberately withheld, speaking with a legal representative can help you understand your rights and determine the best path forward.]]> On Behalf of Skelton Slusher Barnhill Watkins Wells PLLC <![CDATA[5 considerations for your Texas water supply contract]]> https://www.skeltonslusher.com/?p=48822 2026-04-16T04:26:41Z 2026-04-13T08:13:24Z If your business depends on a steady water supply, your contract is a key document. These agreements affect how much you pay, how flexible you are and how secure your water access is. Understanding possible issues can help you avoid expensive surprises later. Here are five areas in Texas water supply contracts that deserve a close look before you sign.

1. Define delivery and quality standards

Contracts with vague delivery terms can cause problems if conditions change. If the contract does not clearly say how much water you get or when, your business could face shortages. Water quality is also important, not just for operations but to meet state health rules. Include details such as delivery timing, water pressure and the point where the supplier hands over the water. You should also check that the water meets standards set by the Texas Commission on Environmental Quality (TCEQ).

2. Manage pricing escalations

Even a steady water supply can become costly if prices change unexpectedly. Many contracts include clauses that raise costs based on inflation, operating expenses or the supplier’s discretion. Look closely at:
  • How often prices can go up
  • What triggers a price increase
  • How increases are calculated
Understanding these terms can help you plan your budget more accurately.

3. Evaluate termination provisions

Termination rules can affect your options if the contract ends early. If the supplier can cancel with little notice, you might have to find another source fast. Check for:
  • Who can end the contract and under what conditions
  • How much notice is required
  • Any fees for leaving early
Knowing these details can help you plan for unexpected changes.

4. Plan for shortage allocations

Water in Texas is not always guaranteed. Droughts or other issues can reduce supply. Surface water often works on a “first in time, first in right” system and many suppliers follow official drought plans, including drought contingency and water management planning requirements under the Texas Water Code. Contracts that do not explain what happens in a shortage could leave you unprepared. Clarify your priority in the supply order and ask about backup options if water becomes limited.

5. Confirm regulatory compliance

Water contracts in Texas are not just private agreements—they often involve state rules. You may need to file some contracts with the TCEQ, and local groundwater rules may also apply to your agreement. Make sure the contract follows the supplier’s permits and that both sides understand the rules. This helps reduce the risk of fines or other problems.

Supporting your business operations

A clear water supply contract can help your business run smoothly and keep costs predictable. Reviewing each section carefully may reduce surprises. You may want to talk with a legal professional familiar with Texas water rules before signing any agreement.]]>