Skelton Slusher Barnhill Watkins Wells PLLC Skelton Slusher Barnhill Watkins Wells PLLC | Lufkin Litigation Lawyers 2026-05-26T12:02:05Z https://www.skeltonslusher.com/feed/atom/ WordPress 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.]]> On Behalf of Skelton Slusher Barnhill Watkins Wells PLLC <![CDATA[What happens to your online accounts after you die?]]> https://www.skeltonslusher.com/?p=48823 2026-04-07T13:41:01Z 2026-04-10T13:40:09Z These days, much of life happens online. From banking apps to photo storage to social media, digital accounts often hold some of a person’s most important information and memories. When someone passes away, loved ones are often left trying to sort through more than physical property and paperwork. Online accounts can create confusion, delays and even conflict if there is no clear plan set in place.

Digital assets deserve a place in estate planning

At first glance, digital assets may seem straightforward, often bringing to mind just a handful of online accounts. In reality, the term covers a wide range of assets, including:
  • Email accounts
  • Online banking portals
  • Cloud storage
  • Subscription services
  • Cryptocurrency wallets
  • Social media profiles
  • Even reward points
Some of these accounts may hold financial value, while others contain personal or sentimental information that family members may want or need to access. Without a plan, important records or treasured memories can be difficult to recover. Many people assume a spouse, child or executor will automatically be able to log in and manage these accounts after death. In reality, access is often limited by privacy laws, user agreements and security protections. Even if a loved one knows a password, using it without proper legal authority can create complications. That is why it is important to identify digital assets and include instructions for how they should be handled. A thoughtful estate plan can help make this process easier. This may include creating a list of important accounts, securely storing login information and naming someone to manage digital property when the time comes. It can also help to review each platform’s account settings, as some services allow users to designate a legacy contact or choose what happens to the account after death. Taking these steps now can save loved ones time, stress and uncertainty later. In today's world, planning for online accounts is just as important as planning for bank accounts, real estate and personal belongings. If you want to make sure your digital life is handled according to your wishes, speaking with an experienced legal professional can help you put the right protections in place.]]> On Behalf of Skelton Slusher Barnhill Watkins Wells PLLC <![CDATA[4 red flags in a Texas surface use agreement]]> https://www.skeltonslusher.com/?p=48806 2026-03-27T08:00:28Z 2026-04-01T07:59:51Z Vague land restoration terms Many contracts state the company will restore the land to a condition as near as practicable to the original state. This phrase is often too broad for a cattle rancher or timber grower. It does not guarantee the replacement of specific grass types or mature trees. You should require the agreement to list exact standards for reseeding and dirt work. Without clear benchmarks, your land might lose its long-term agricultural value.

Broad blanket easement clauses

A major red flag is a clause that allows a company to place roads or pipelines anywhere they choose. This is a blanket easement. You should insist on a defined location for all equipment. Identifying specific paths for trucks and pipes protects your privacy. It also keeps heavy machinery away from your best grazing spots.

Missing gate and fence protocols

In East Texas, a downed fence or an open gate is a major liability. If the agreement does not mention cattle guards or locked gates, your livestock could wander onto public roads. A strong contract explains exactly how the operator must maintain your fences. This protection ensures your daily operations stay secure during construction.

Limited liability for indirect damages

Operators often agree to pay for direct damage to a barn or a crop. However, they may try to avoid paying for indirect losses. If loud noise prevents cattle from breeding, you deserve to recover those costs.

Protect your property rights

Every piece of property in Deep East Texas has unique needs that a standard form cannot address. Because these contracts often last for decades, the specific language you choose today will impact future generations. Understanding land occupier liability is vital because your legal duty to keep the premises safe remains active while operators are on your site. Professional legal review of a lease helps ensure your land remains functional and profitable.]]> On Behalf of Skelton Slusher Barnhill Watkins Wells PLLC <![CDATA[3 water-related compliance challenges for businesses]]> https://www.skeltonslusher.com/?p=48805 2026-03-13T10:05:35Z 2026-03-18T10:04:24Z Water use can have a profound impact on a business’s environmental compliance. How businesses access, store or reroute water can lead to regulator violations that have costly consequences.  Under current state statutes, organizations with physical premises in Texas have to ensure compliance with a variety of water-related laws. What compliance issues do business leaders likely need to address when starting a new company or moving to new facilities? 

1. Landscape irrigation

Non-agricultural irrigation accounts for a substantial amount of potable water waste every year. Local and state authorities may impose limitations on the use of water for landscape irrigation, especially during droughts. Ensuring that a company's facilities are compliant with landscape irrigation limitations is important for compliance and cost management. 

2. Stormwater systems

When rain falls rapidly or over an extended period in Texas, there may be more water than the soil and any landscape plants can easily accommodate. Stormwater systems allow companies to reroute runoff produced by heavy rainfall to surface waters across the state. Compliance with storm sewer system rules is of the utmost importance for compliance with municipal statutes. 

3. Wastewater rules

Wastewater goes beyond the sewer and septic needs associated with a business’s employee bathrooms. Businesses may use water for cooling or a variety of other business functions. In some cases, there may be contaminated wastewater to address. Storage and remediation programs can help ensure compliance with wastewater regulations.  Reviewing current company practices and municipal regulations can help ensure compliance with all applicable environmental regulations. Business leaders may need to consult with an attorney familiar with different water use and environmental regulations at the state and municipal levels.]]> On Behalf of Skelton Slusher Barnhill Watkins Wells PLLC <![CDATA[Who can pursue a mechanic’s lien against real property?]]> https://www.skeltonslusher.com/?p=48788 2026-03-02T14:54:38Z 2026-03-04T06:42:50Z The law offers broad legal protection The law in Texas allows any party that provides goods or materials for a construction project to file a lien for unpaid invoices. The company that delivered the hardwood flooring for a remodeling project has the same rights as the contractor who installed the floor. Businesses and professionals who have direct contracts with property owners are not the only ones with protection. Subcontractors and material providers who have arrangements with other businesses performing projects may also pursue construction liens if the company that hired them does not pay in full for the goods or services provided. The lien is placed on the property where they did the work and becomes the collateral for the unpaid balance due. If the lienholder doesn’t receive timely payment, they may go to court to enforce the lien, which may lead to foreclosure of the property. Property owners receiving notice of potential liens and professionals who have not received payments in full for contributions to a recent construction project may require assistants with lien laws to protect their rights. Working with a legal professional can make it easier to protect your interest with a lien or respond to a mechanic’s lien request effectively.]]> On Behalf of Skelton Slusher Barnhill Watkins Wells PLLC <![CDATA[Is it necessary to start a business to buy a franchise?]]> https://www.skeltonslusher.com/?p=48783 2026-02-13T06:52:56Z 2026-02-18T06:52:15Z Every franchisee runs their own company While franchises fall under a large brand umbrella, most locations exist as standalone businesses. Occasionally, individual franchisees open multiple locations operated under the same corporation or limited liability company (LLC). Even those intending to open a single location generally need to form a business when buying into a franchise. Franchise contracts usually require the formation of a business. Even if they do not, operating a franchise as a sole proprietorship could lead to increased financial exposure and liability for the franchisee. The plans of the franchisee, including whether they aspire to expand to multiple locations and whether they need investors, can influence what type of business is the right choice. Taking the time to establish a separate business entity is often a key component of a successful franchise acquisition. The guidance of a lawyer familiar with business contracts and business formation can be helpful for those hoping to start a new franchise business accordingly.]]> On Behalf of Skelton Slusher Barnhill Watkins Wells PLLC <![CDATA[When does a living trust simplify Texas probate?]]> https://www.skeltonslusher.com/?p=48773 2026-02-05T14:29:59Z 2026-02-10T08:40:39Z Imagine passing away with property scattered across Texas and beyond. Your family could face months in court, public scrutiny of your assets and delays for heirs who live far away. A living trust may help reduce some of these burdens, though it tends to be most effective in certain situations. Here’s a closer look at circumstances where it might make probate easier and transfer of property more straightforward.

Multi-property estates

Families often own homes, land or rentals in different counties or states. Probate generally requires separate court filings in each location, which can prolong the process and increase costs. A living trust can allow titles to be transferred before death, which may help assets pass directly to heirs without multiple court proceedings. For example, a family that owns a Dallas home and a Colorado cabin might face two separate probates without a trust. With a properly funded living trust, distribution could happen more smoothly and privately. However, courts might still become involved if the trust is not fully funded or certain property is overlooked.

Out-of-state heirs

Heirs living outside Texas can add complexity to probate. They might need to travel for hearings or hire local attorneys and delays can increase as courts coordinate across states. A living trust might help reduce these challenges by allowing trustees to distribute property according to your instructions, potentially avoiding court involvement. For instance, a child living in California could inherit Texas farmland with fewer formalities.

Privacy considerations

Texas probate files become public records and details of your estate, including heirs and net worth, may be visible to neighbors, creditors or others. A living trust can sometimes keep these matters private. Beneficiaries might receive assets sooner without the delays typically associated with probate and trustees generally handle distributions according to your directions. Using a pour-over will alongside the trust can cover property not initially included, though limited court involvement could occur.

Steps that could help with the process

Taking certain measures may improve the likelihood of a smoother process:
  • Review your assets and goals before establishing a trust
  • Fund the trust by retitling property into it
  • Choose primary and backup trustees
  • Update the trust as circumstances change
These steps may help reduce the potential for probate complications and support a more streamlined transfer for heirs.

Planning ahead may ease transitions

Estates with multiple properties, distant heirs or privacy concerns may experience the most noticeable benefits from a living trust. Families sometimes report quicker and quieter settlements when property passes outside probate. Exploring options tailored to your estate planning situation could help protect loved ones from unnecessary stress and delays.]]> On Behalf of Skelton Slusher Barnhill Watkins Wells PLLC <![CDATA[Could your company fail a Texas compliance audit right now?]]> https://www.skeltonslusher.com/?p=48778 2026-02-02T07:13:21Z 2026-02-05T07:12:05Z You may be surprised to learn that many Texas businesses that consider themselves fully compliant would struggle to pass a formal audit today. The issue isn’t intentional wrongdoing. More often, the problem is outdated policies, inconsistent practice or missing documentation that no one thinks about until an auditor requests it. Compliance gaps tend to grow quietly over time, and they are exactly what regulators and opposing parties look for. If your actual workplace practices don’t align with current law, that disconnect can quickly become a serious compliance issue.

Common trouble spots for Texas businesses

Many audit failures stem from preventable issues. One of them is employee misclassification, when workers who qualify as employees are treated as independent contractors. This can trigger wage claims, tax consequences and regulatory penalties. Recordkeeping is another major vulnerability. Texas and federal laws require businesses to maintain specific employment, tax and safety records for set periods. Failure to do so can result in presumed violations, penalties, back taxes or inability to counter wage claims. Data privacy and cybersecurity practices are also drawing more scrutiny. Businesses that collect customer or employee information are expected to take reasonable steps to protect it. Weak password policies, lack of access controls or outdated security procedures can all raise red flags during a compliance review.

Audit findings can lead to bigger legal problems

An audit doesn’t always end with a simple list of corrections. Serious findings can lead to government investigations and a host of other legal issues that could potentially result in financial losses or business interruption. What may begin as an internal oversight can quickly evolve into a public and expensive legal matter.

Steps you can take now to reduce risk

A proactive internal compliance review can make a significant difference in protecting your business interests. Update policies to reflect current laws and ensure they are mirrored in everyday practices. Compliance works best as an ongoing operational priority, which means regularly training your staff on best practices is essential. Professional legal guidance can also help your business spot regulatory changes and risk areas that internal teams may miss.]]>