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Brock Upham Yost PLLC Legal Blog

Ways to resolve a conflict with your business partner

You go into business with a partner with the idea that doing so will help you accelerate growth, earn more money and better enjoy the opportunity.

While this may be true, don't overlook the fact that you could come face-to-face with a partnership dispute at some point. Maybe this happens after a few months in business together. Or maybe it happens many years down the road.

Sibling rivalry and estate litigation

Estate disputes happen for a lot of reasons, and they often pit siblings against one another. This can be a very difficult time, no matter which side of the dispute you are on.

One reason that these disputes take place is because of sibling rivalry. Remember, it does not end in childhood. It is very much alive and well in adult relationships. Siblings often just mask it by limiting contact with each other or by keeping it in check around their parents.

Why you should think of your employees when selling your business

Many factors motivate business owners to decide to sell their companies. They may decide to retire, want to pursue a different line of work or decide to sell the company for financial gain. There are many different factors that business owners should consider, however, before they decide to sell. You may want to start by considering your employees.

How will the sale affect them?

Using environmental arguments to challenge eminent domain

As a property owner, it's upsetting to learn that the government wants to seize your land to build oil and gas pipelines or to engage in other fossil fuel-related projects. You may initially question whether the government has the right to use your land without gaining your permission first. The truth is that they can do this in certain situations.

Eminent domain is essentially the legal right of the government to take private property, as long as it is taken for the benefit of the public. Initiating this process means that the government needs to ask you as the property owner. If you agree to this, a negotiation for sale will be reached. If you do not want the government to take over your land, you will need to challenge eminent domain.

Can you expel a shareholder?

You have a small business, and you sold shares to get capital to start the company. You're not the sole owner or the only one in charge of making decisions. The terms of the contract state that all of the shareholders need to work together to make major business decisions and decide on the direction the company is going to go.

Unfortunately, one of the shareholders refuses to cooperate. They disagree with everything. They never communicate. They miss meetings. You get a hostile sense from them even when they are there. It seems like they're doing everything in their power to hold the company back. Can you expel them?

You can challenge an unfair executor

Many people might think that dishonest executors of a will mostly exist in stories. Unfortunately, it is a reality for many families. Whether it is through the undue influence on the creator of the will or bad faith, some executors might seek to take advantage of the situation.

Challenging the executor during probate can be a long and challenging road, but it is often necessary to protect your loved one's legacy and your rights. But first, it is critical to understand the situations when you can contest the executor.

Guided estate planning key to avoiding litigation

One of the saddest situations we see here at our firm is litigation to arise from the estate of a deceased individual. The decedent's unhappy heirs and/or beneficiaries are dissatisfied with their loved ones' intentions regarding the distribution of assets from the estate and turn to the courts to right perceived wrongs.

The problem with this scenario is that these court cases often tear families apart. The deep rifts resulting from litigation may never be mended in the heirs lifetimes. These familial fissures can even extend into future generations, polarizing descendants for years to come.

Why do employees sue businesses?

Texas business owners know that preparation is critical in the business world. And being prepared often involves evaluating potential risks, so business owners can create strategies to prevent or handle those risks.

One of those risks could involve legal issues brought by current or former employees. Here is an overview of some of the most common reasons that employees take legal action against businesses, so business owners can create plans to avoid those risks.

Four estate planning tips for single parents

As a single parent, you have numerous daily responsibilities. You want to set your children up to have successful lives. Estate planning can help ensure your children have the best possible future if you were no longer in the picture.

Here are four tips to consider when it comes to using an estate plan to protect your children:

Texas Supreme Court says contract language beats industry custom

Earlier this month, the state Supreme Court overturned a $27.7 million verdict in a dispute over an oil and gas “farmout” agreement. In a 5-4 decision, the narrow majority held that the plain language of a contract should override industry customs relating to farmout agreements.

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Brock Upham Yost PLLC
616 E. Blanco Rd.
Suite 202B
Boerne, TX 78006

Phone: 830-275-5607
Phone: 830-816-9033
Fax: 830-584-0774
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