Time to Update

As summer ends and winter begins, I am reminded that time passes quickly. The beginning of the school year and the cooler temperatures are reminders of changing times and of new things to come. It is also a stark reminder that some things on the “to-do list” need to be done. For instance, not only do my wife and I have a child going into second grade, but we were also blessed with our third child. This means that I need to update my will. It is important to keep your important documents such as life insurance, powers of attorney (including medical), wills and trusts, and other estate planning documents up to date and relevant.

In my situation, I should make sure that my new child is provided for just as I wish her to be rather than allow the state to decide for me. Moreover, I should consider what changes have occurred since the time my current will was drafted. Much happens over eight years, and there may be some provisions to modify.

During this season of change, it is advisable to think about your life planning documents. Whether it be a change to your 401k or retirement account or an update of your last will, a competent professional can properly advise on the measures that can be taken to achieve the desired goal.

The Right to Bear Arms

The Right to Bear Arms

One of the things that I am thoroughly enjoying about my move out of the big city is the ability to walk out onto my land with a firearm and target practice. In the city I had to drive to the indoor shooting range to shoot a firearm. It is simply much more enjoyable to be out in the open air. Thankfully we live in a nation and state that allow their citizens to own firearms.

Under the United States Constitution, Article 1, Section 23, “Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State; but the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime.” In Texas, a resident may buy rifles, shotguns, ammunition, reloading materials, or firearm accessories. Of course, it is illegal to sell or rent (or even loan or give) a gun to another person in situations such as when it is known that the person intends to use it unlawfully, or the recipient is under the age of 18 years old (without written consent of his or her parent or guardian), or to someone who is intoxicated.

In Texas, a person has the right to possess a rifle, shotgun, or handgun without a license unless that person has been convicted of a felony or Class A misdemeanor involving that persons' family or household, or in the event of certain court orders. Texas also allows a person to apply for a concealed carry license after successful completion of classroom and range components of a handgun safety course. However, there are restrictions on a persons' right to possession. It is unlawful to possess, manufacture, transport, repair, or sell a machine gun in Texas. It is unlawful to display a firearm in a public place in a manner calculated to alarm. It is unlawful to discharge a firearm in a public place or on or across a public road. It is also unlawful to possess, manufacture, transport, repair, or sell handgun ammunition designed primarily for the purpose of penetrating metal or body armor and to be used principally in a pistol or revolver. And there are many more detailed restrictions.

As long as the right to bear arms has existed, the federal and state governments have legislated it. And they continually move for additional laws and controls over ownership and possession. It is important to stay informed about gun laws and any proposed legislation.

September 2009 Huntington Herald Article

There’s No Place Like Home

As a real estate salesperson and a real estate lawyer, one of the issues that repeatedly comes up in my practice, as well as in the headlines, is the real estate market. Real estate is the oldest profession in the world, despite what misinformation some people believe. Throughout history, those individuals and governments who owned the land held the ultimate earthly power. For example, in feudal England, the land owners created their own justice, imposed taxes, printed their own coins, granted others the ability to live and work on the land (or excluded whomever they wished), and forced individuals subject to the lands into military service. This was all done under the power and authority purportedly granted by the principles of ownership of the real estate. Currently, Queen Elizabeth II is owner of the most real estate on Earth. She owns approximately 6.6 million acres of land (1/6th of the non ocean surface of the Earth). Roughly valued, that is about $33 Trillion dollars. Interestingly, the United States is the fourth largest landowner in the world with about 700 million acres, coming in behind Russia and China. Undeniably, an ownership interest in real estate is extremely powerful. When dealing with such powerful interests, involving your lawyer can help you better understand your rights and options.

Depending on the situation, you may either know or be someone who wants to rent, sell, or purchase real estate. Factors that lead to these decisions may be based upon a growing family, job relocation, or by simply downsizing one's lifestyle. Whatever the reason for entering into a real estate transaction, working with your real estate professional and lawyer can greatly assist you in dealing with the real estate players, whether it be owner, renter/purchaser, or the bank. Real estate transactions have become incredibly complex. The following factors are barely the tip of the iceberg, but represent some key issues to consider.

Financing. It appears that owning property is still symbolic of wealth and achievement because people are still clamoring to sign a thirty year mortgage and encumber themselves with half a million dollars in debt to own property. The mortgage secures the debt and gives the lender powerful rights. Your lawyer should review all your mortgage and lender documents for errors, omissions, and extra charges or expenses. Lawyers can work to make the closing process smoother and easier to understand. Your lawyer should also review any value appraisals and title commitments to ensure that your best interests are protected. Renters/Purchasers should understand how to create a budget and stay within safe financial bounds. Your lawyer can assist in the prequalification process and help you understand the multitude of creative tactics that some lenders use to entice buyers, such as points, no closing costs, and ARM mortgages. Sadly, the market is flooded with distressed properties from people who meant well, but did not understand the financial data and terms.

Documentation. One of the most difficult and time-consuming issues is paperwork. That goes for the owners who don't take the time to carefully draft them as well as the renters/purchasers who don't carefully review them. Although it may appear to be layer upon layer of lawyer-speak, “the devil is in the details”. On the owner's side of the equation, a real estate lawyer can assist you in drafting leases and ownership transfer documentation. Lease documents should conform to the current laws, and owners and renters/purchasers should be aware of liability issues such as dangerous conditions, repairs, and deposits. On the renter/purchaser side, advice may be required for explanation of terms and meanings, especially in longer residential or commercial leases, or in a mortgage document or deed. It is critical to understand what you are signing. In today’s real estate market, it is important to make informed decisions.

Disclosure/Inventory & Condition Issues. In a real estate transaction, the seller will generally provide a disclosure statement pursuant to the Texas Property Code, although there are times when a seller will not want to provide one for strategic reasons. Whether you are a seller or a purchaser, you should consult with your lawyer prior to closing on a real estate transaction to determine your rights and responsibilities under the law. A material misrepresentation or failure to provide a disclosure may give purchasers strong remedies under certain circumstances. For lease situations, a landlord should receive and a renter should complete a move-in inventory and condition form. Landlords should notify tenants of statutory remedies when the landlord fails to make repairs under certain situations. For tenants, the form places the landlord on notice of defects, irregularities, damages, or missing items discovered upon move-in. This can protect the renter from being charged for problems that occurred prior to move-in. It protects the landlord by keeping track of damages incurred by the previous renters, as well as allowing the landlord to more accurately track damages and repairs that may be assessed to the previous or current tenant.

Remember, your lawyer owes you a duty to represent your best interests. The business of real estate has been booming since there was land and humans, so there is a vast amount of information to cover. A knowledgeable real estate lawyer can help you navigate these complicated waters.


Jeremy Crew is licensed by the State Bar of Texas and is admitted to practice law in all Texas courts. He is a member of Texas Young Lawyers Association, Texas Bar Association, and American Bar Association. Mr. Crew’s office is located at 115 W. Shepherd Ave. in downtown Lufkin.