Brock Upham Yost PLLC
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Using sophisticated, results-focused strategies, the attorneys at Brock Upham Yost PLLC deliver real value across a broad range of transactional and litigation matters.

Brock Upham Yost Legal Blog

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.

When can you challenge a will?

The time following the death of a loved one can be emotionally challenging and filled with many changes. During this time, going through the motions of administering their estate plan can be difficult for all involved. However, when circumstances arise that cause you to question the validity of the will, the process can become even more complex.

You cannot challenge or contest a will for just any reason. While family members may be unhappy with certain terms or angry about being left out of a will, hurt or bitter feelings are not enough to challenge a will in a Texas courtroom. Courts view wills as the voice of the deceased individual, so they typically honor these wishes unless a valid reason can prove otherwise.

Court ruling highlights effective use of non-compete agreements

Non-compete agreements are now standard clauses in corporate employment contracts – especially among executives and upper management. These workers usually have the inside knowledge of how a company operates, including its business plans and strategies. As a company owner, you can’t risk losing this valuable knowledge to a competitor who poached one of your employees.

Too often, non-compete agreements don’t hold up in court because they are written too broadly, are deemed “unreasonable,” or attorneys for the company don’t adequately show that an employee’s decision to violate the contract would or did cause substantial harm. Recently, however, national chain CVS Pharmacy set an example of how non-compete agreements are most effectively written and how they can be enforced.

What you can do about unpaid oil and gas royalties

Landowners across the United States have benefited greatly from our country's unique approach to mineral rights. By making royalty deals for the oil and gas on their property, many people in rural areas have been able to have more financial security and better quality of life for their families. However, a significant number of those people have also been taken for a ride by oil and gas companies.

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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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