R L Wilson to Represent Uvalde Rancher in Probate Estate Battle

On May 21, 2009, R L Wilson Law Firm filed an appearance as attorneys for Rochele Hargrave, owner of the 1400 acre Cline Mountain Ranch in Uvalde County, and surviving spouse of Harvey Hargrave. Mr. Hargrave died on March 11, as the result of burn inuuries he sustained when his tractor fell into a fire pit when burning brush on the ranch.

Mr. Hargrave was the founder of H & H Well Service, Inc., and had retired with Rochele to Uvalde and Texas to ranch. His untimely death has set-off of dispute between his grown children -- all of whom work for H & H in Louisiana-- and his surviving wife.

Immediately after Mr. Hargrave's death, the surviving children moved to cut Rochele off from H & H, and began making demands for the return of various items and demanding access to her home on the ranch. One of the surviving children hired an attorney and has filed an application to be the administrator of Mr. Hargrave's Estate. Another has already moved to have the Estate probated in Louisiana, with Louisiana law to apply.

Our firm filed a counter-application in the Uvalde County Court at Law, wherein we seek to have Rochele appointed as Independent Administrator in accordance with the Texas Probate Code. This case will be complex as it implicates coice-of-law provisions, property division, and significant emotion. It is also a sad reminder of the importance of making a will -- especially when significant assets have been accumulated.

R L Wilson Law Firm files suit against Dallas-based real estate investment operation

Suit was filed in the Bexar County District Court by R L Wilson Law Firm client Roland Rodriguez against Dallas-based Yorkstreet Properties, and its affiliate Yorkstreet Homes. In his suit, Mr. Rodriguez is alleging that the Yorkstreet companies have engaged in illgeal practices relating to the management of several investment properties he purchased through the company.

After the closing upon the sale of each of these properties our client entered into a verbal management agreement whereunder Yorkstreet agreed to locate tenants, to collect all rents as they become due, to tender to our client a monthly accounting of rents received and expenses paid, and to remit to the various mortgage lenders all rental income (if any), less any sums paid out. For a period of time after the closings, Yorksteet abided by the obligations of the management agreement. In exchange for their services, Yorkstreet retained a portion of the rents they collected as a “management fee.”

Eventually, Yorkstreet stopped remitting payment to the investor's mortgage lenders, even though rents were being collected. Despite the fact that they never maintained any claim to right, title or interest in the real properties, or the rental proceeds they had collected, Yorkstreet kept the rental proceeds.

As the result of Yorkstreet's refusal to remit the rental proceeds they had collected, each of the properties was foreclosed in accordance with the applicable Deeds of Trust. Mr. Rodriguez' interest in the properties, including future interest in rental proceeds, re-sale value, and tax deductions was forever lost.

In the suit, Rodriguez claims that Yorkstreet and its princiapl breached the management agreement, breached a fiduciary duty, converted the rental payments and committed fraud. In addition, Rodriguez alleges that Yorkstreet violated the texas Deceptive Trade Practices Act.

There is not yet a trial date in the case.

San Antonio Builders

Last night I had the pleasure of attending the Greater San Antonio Builders Association Membership Mixer. The event was hosted by Morrison Supply Company at their wonderful facility located near the San Antonio airport.

The event was attended by a variety of builders, suppliers and vendors affiliated with the construction industry. I was impressed with the camaraderie between "competitors" who vie for a limited number of customers in today's tight economy. The GSABA group seemed dominated by fairly small-sized custom home builders, but the big builders were represented too. All told, the attendees came-off as hardworking small business owners operating in a very specialized industry.

Just like lawyers and virtually any other group, builders come in all shapes, sizes, personality types, and ethical standards. There are many good builders out there who are also great people. But there are also bad apples. Be very careful when choosing a builder or a lawyer! Do your homework, check references, and talk to past cusomers/clients. Ask lots of questions. The construction industry and construction law are very technical. Do not enter into naive relationships in either field.

I look forward to the next GSABA event, and am even considering putting together a team for their upcoming fishing tournament.

Had a vehicle accident, come see us.

The Báez Law Firm ,P.C. has been helping auto accident victims in Bexar County and surrounding counties. We provide free consultation for our clients and our personal injury clients do not pay unless we win the case.

But, what are some of the symptoms that you may feel if you are injured on an auto accident. headaches, back pain, neck pain, dizziness, blurred vision, whip lash and many more. Even if you do not feel pain on the day of the accident, many of these symptoms will manifest few days after the impact.

Insurance companies will try to minimize and downplay the impact and severity of the accident, in order to keep you from any substantial amounts of money. Their sole role in life is not to keep you in good hands, its to put the boxing gloves on and fight you. They have experienced attorneys on their sides, who is on yours? The Báez Law Firm, P.C. will fight for your rights.

Our attorney take cases to trial when the insurance companies are not willing to pay for the medicals. We have successfully litigated cases and won settlements for our clients. Come see us.

R L Wilson Law Firm takes on Regency Park HOA

In October 2007, our clients commenced construction of a swimming pool in their back yard. However, this pool wasn't designed just for enjoying lazy days and working on their tans. Instead, it was an integral part of a flood control plan engineered to mitigate the effects of rushing water experienced each time it rained. The pool was recommended by an engineer, and even by the City of San Antonio -- each of whom had investigated the tendency of the property to flood as the result of run-off from a parking lot constructed directly behind the home.

Prior to commencing construction, our clients submitted plans to the Architectural Control Committee of the Regency Park Owners Association. Much to their surprise, they recived no response. Despite additional approval requests, the HOA's silence continued for months. Frustrated by the lack of response, and after reviewing the ACC's deadline for approving plans, our clients decided to proceed with construction.

Almost immediately, they and their contractor were accosted by a member of the Regency Park HOA Board, who verbally demanded that they cease with construction. So they did. Two days later, the contractor returned to the home to retrieve his tools and equipment. That same day, the HOA scrambled its legal team, and obtained a Temporary Restraining Order preventing the construction -- which by that time had already been voluntarily abated. The other portion of the HOA's suit sought a declaration that the pool was not permitted without ACC approval.

After various meetings, the plans were ultimately approved, and our clients were allowed to complete the pool with the blessing of the HOA. They did, and many of the flooding issues have been resolved.

Case closed...or so they thought.

Several months later, the Association came calling. This time they wanted their attorneys' fees, and lots of them. When the homeowners balked, the Association set the case for trial.

On the day before the trial, the homeowners realized that they need the help of an attorney with experince litigating HOA issues. So they called me.

After reviewing the CCRs, I noticed a provision requiring that disputes between the HOA and property owners within the Regency Park subdivision be referred to arbitration. Based upon this requirement, I filed a Motion seeking to compel arbitration, instead of trial in the Bexar County District Court. Judge Andy Mireles considered the Motion, and sided with our clients. Thus, the dispute has been referred to arbitration, where an arbitrator will determine whether the HOA is entitled to its fees, even though it never obtained a Judgment in the suit it filed. We are confident in the property owners' position, and disappointed that the HOA has decided to expend costs and attorneys' fees solely in pursuit of attorneys' fees.

Many times HOAs and their Board Members use the judicial system to advance personal grudges or to "flex their muscle." The laws relating to HOA litigation and restrictive covenants are complex and often favor the HOAs. If you believe that you are the victim of HOA abuses, you should immediately contact an attorney experienced with HOA litigation, and the Texas Property Code. The HOAs are represented by experienced and knowledgable attorneys. You should be too.

Part 3: Public Works Contracts & Subcontractors: Prime Contracts Over $25,000

In reality, most public works projects are over $25,000.00 in value. When projects exceed $25,000.00 in value, the general contractor must post a payment bond in the amount of the prime contract for the protection of subcontractors and sub-subcontractors. Tex. Gov’t Code § 2253.021. If subcontractors are not paid by the general contractor, they can file a lawsuit to collect on the payment bond; however, before they can file suit, subcontractors must ensure that they have complied with strict notice requirements. If the notice requirements, including deadlines and content, are not properly met, the subcontractor will not be able to successfully sue to collect on the payment bond.



Subcontractors (those having a contract directly with the general contractor) must give written notice to the prime contractor and surety not later than the fifteenth day of the third month following each month in which the labor or material was provided for which the claimant has not been paid (often called the “Third Month Notice”). Tex. Gov’t Code § 2253.041(b). If this deadline is not properly met, the subcontractor will have lost its ability to prevail in a lawsuit. Furthermore, the notice must identify specific details such as: the labor or materials provided; who they were provided to; and when they were provided; in addition to other required information. Additionally, a sworn statement must be included verifying the amount due. Tex. Gov’t Code § 2253.041(c). The notices must be mailed by the proper method and to the proper addresses. Tex. Gov’t Code § 2253.044.



Sending the required notices on time is crucial for subcontractors but is often overlooked until it is too late or sent incorrectly due to a misunderstanding of the applicable laws. Subcontractors often wait too long believing that they will work something out with the general contractor. When they eventually do seek help from an attorney, the deadline has already passed. Subcontractors should pay careful attention to their past due invoices and ensure they seek an attorney’s advice far enough in advance so that all deadlines can be met and the subcontractor’s rights protected.



Texas law governing public projects can be found in Texas Government Code Chapter 2253 (formerly known as the McGregor Act) and Texas Property Code Chapter 53.



Please visit our blog again in a few days for Part 4: Public Works Construction Projects & Subcontractors: Prime Contracts Over $25,000.00 & Retainage.



Posted by Sarah F. Berry.

I need a power of attorney over my elderly parent who lives in another state. What should I do?

In Texas we have a statutory power of attorney.

However, many banks and other places require that you use their form.

I need a lot more information in order to adequately answer your question. Where are the assets? Do you have siblings? Is your parent married? What is your parent's mental and physical state?

If the assets are in another state, you need a poa from that state.

You definately need to retain the services of an elder law attorney or a probate/wills & estates attorney that specializes in this area of the law.

In Texas we have 2 kinds of poa -- medical and financial. They are very different.

An elder law attorney might be able to help you and offer solutions that you have not considered.

Even if your parent signs the document, the parent can revoke it later. Also, you will be held to a very high standard regarding spending their money.

If you have family members, I highly recommend that you talk to them and try to get them on your side.
Otherwise, you could end up in court litigating your parent's life and spending all their money.

I've seen people spend over $100,000 when 2 adult siblings can't agree what was right for their mother. She eventually died and the problem was solved. Neither sibling inherited anything -- but the attorneys were very happy!

Please talk to an attorney immediately. You could save thousands of dollars!