When “I Do” Really Means “I Don’t”

04/18/2014

Older couples should visit with an attorney before getting the marriage license. Why? Because marriage makes a huge impact on financial and medical rights and decisions. In Texas, the moment the marital knot is tied the couple starts accumulating community property and debts. Federal law takes over on any retirement plans governed by ERISA. Financial and medical decisions (even burial decisions!) default to the new spouse. Kids from former marriages are left out in the cold. Beneficiary designations and joint ownership on accounts may become convoluted. One spouse may lose pension benefits from a former spouse, Medicaid eligibility, or contractual alimony. Homestead rights change. What to do? Revise your estate plan, including updating your will, powers of attorney and designation of guardian. You will want to coordinate retirement plans and beneficiary designations. You may want to have a premarital agreement to address ownership of assets and division of expenses. Discuss […]




Protect Your Family Jewels

04/14/2014

As you recall from when we last met, the fair maiden Guinevere had taken 60% of King Arthur’s booty and moved to a castle by the lake with Sir Lancelot.  Much like a modern day John Bobbitt, the king awoke to find his family jewels missing.  The kingdom was abuzz. Many a knave wondered, “How was this possible?  Why would the king allow his family jewels to be exposed in such a fashion?” Despite the warnings of his parents, King Arthur had allowed love or lust to cloud his better judgment, and he did not take the necessary steps to protect his jewels.  Don’t make the same mistake. Protect your family jewels! While not being the most romantic notion, prenuptial agreements do a wonderful job of protecting your family jewels.  If you are unfortunate and your marriage does not work out, having a prenuptial agreement in place can predetermine how […]




Three Parts to Make Landowners Whole

04/14/2014

With the expansion of I-35 through Lewisville, many landowners will receive an offer letter from the State of Texas for taking their land to build the expanded Interstate.  This letter is only the first communication a landowner will receive and begins their eminent domain process.  The State cannot condemn property until it provides the landowner with a copy of a certified appraisal.  The State may take all your property and the appraisal will state that appraiser’s opinion of fair market value, which may be different than your opinion.  If the State is only taking a part of the land, the appraiser will include the fair market value of the property to be taken.  The appraisal should also address the taking of any improvements, including concrete, fencing, landscaping, or any portion of a building.  The State may not be aware of all the work that will be needed to return the […]




To Compete or to Non-Compete

04/13/2014

In building a small business, owners work hard to network and develop a customer base that creates repeat business and referrals from satisfied customers. Owners grow their business and hire employees to make sales or provide services to those customers. To be successful, employees develop close customer relationships, so what happens when an employee voluntarily or involuntarily leaves their employment? The owner may be able to protect their customers and other confidential information, if the employee is bound by a covenant not to compete. Such a covenant must set reasonable limitations as to time, geographical location, and the scope of activity to be restrained. If these limitations are unreasonable the covenant could be changed by a Court or be unenforceable. In addition to reasonable limitations, the employee and employer must make mutual promises related to the covenant. For example, the employee promises not to disclose confidential information, solicit employer’s customers, or help a third party solicit customers. The employer must also promise […]




  • Our Locations

    Lewisville

    2871 Lake Vista Dr.
    Suite 150
    Lewisville, Texas 75067

    Dallas

    17304 Preston Rd.
    Suite 800
    Dallas, Texas 75252
    (By Appointment Only)

    Plano

    5700 Granite Parkway
    Suite 200
    Plano, Texas 75024
    (By Appointment Only)

    Denton

    2220 San Jacinto Blvd
    Denton, TX 76205
    (By Appointment Only)

    Corinth

    6501 S. Interstate 35E, Frontage Rd
    Suite 101
    Corinth, Texas 76210
    (By Appointment Only)

    McKinney

    2150 S. Central Expressway
    Suite 200
    McKinney, Texas 75070
    (By Appointment Only)

    Southlake

    950 East Highway 114
    Suite 160
    Southlake, Texas 76092
    (By Appointment Only)

  • Please contact us for a consultation






    “I have worked mainly with Mark Scroggins mediating cases on which he was the attorney for one of the parties. Mark always had his client prepared for the mediation and he was straight with his client regarding expectations. He worked hard with me to resolve the case in a way that was reasonable while still advocating for his client.” D.D., attorney

    Our Locations

    • Lewisville

      2871 Lake Vista Dr.
      Suite 150
      Lewisville, Texas 75067

    • Dallas (By Appointment Only)

      17304 Preston Rd.
      Suite 800
      Dallas, Texas 75252

    • Plano (By Appointment Only)

      5700 Granite Parkway
      Suite 200
      Plano, Texas 75024

    • Corinth (By Appointment Only)

      6501 S. Interstate 35E Frontage Rd
      Suite 101
      Corinth, Texas 76210

    • McKinney (By Appointment Only)

      2150 S. Central Expressway
      Suite 200
      McKinney, Texas 75070

    • Southlake(By Appointment Only)

      950 East Highway 114
      Suite 160
      Southlake, Texas 76092