Legal Talk

What Is an Epitaph? An epitaph is an inscription on a tombstone or grave marker that honors a person’s life, legacy, or personality. While short, an epitaph can carry deep meaning, offering humor, wisdom, or reflection for loved ones and future generations. Unlike a eulogy, which is spoken at a funeral, an epitaph is permanent. It becomes part of how someone is remembered, making it an often-overlooked but meaningful part of...

On June 17, 2021, Governor Greg Abbott signed into law a bill affirming what every Texan, deep-down, has always believed: law-abiding citizens over 21 have a right to carry handguns in public. No license, permit or test required. Before you grab your handgun, however, you should know some details of this “permitless carry” law. You can carry the handgun openly or concealed, but it must be in a holster. Only qualified Texas...

As we prepare to celebrate Valentine’s Day, let’s take a moment to ruminate on how judges through the ages have addressed love and affection. We’ll start with Justice Jackson of the US Supreme Court, who authored a dissenting opinion for a 1942 case involving two people who had left their homes and respective spouses and set up housekeeping as husband and wife. Jackson first lamented that the case involved three...

This year will mark the beginning of my 5th decade of practicing law. Lawyers traditionally commemorate such a major milestone by reflecting on how the practice of law has changed over the years. I won’t be doing that. The truth is that the practice of law has not changed in the last 40 years. Lawyers act today like lawyers acted 40 years ago. Judges still act like judges and clients still...

If you are the grantor, beneficiary, creditor, trust protector, CPA, financial advisor, attorney or trustee of a trust, or if you just generally think trusts are a nifty idea and want to learn more, then you will find this of interest. The Rule Against Perpetuities for trusts in Texas is going on life support as of September 1, 2021 and Texas dynasty trusts are now a real thing. No fooling;...

It isn’t often that the folks on the United States Supreme Court talk about the elderly falling at home, but that is exactly what happened in a recent opinion.  What is a Wellness Check?  A wellness, or welfare, check is when police go by a person’s home to check that person’s well-being. To define the issue, we turn to the example given by Justice Kavanaugh: “Suppose that an elderly man is...

You are sitting at home scrolling through your Facebook newsfeed, and you see that you have a new message. When you click on it, you see the words “You have been sued.” This is a joke, right? Unfortunately, no. Your Facebook, Twitter and Instagram accounts became toxic on December 31, 2020. If you blinked, then you might have missed it. That is the day the new rules for serving legal documents...

It’s possible that when you were in school, history was not necessarily your favorite subject. But to understand express versus implied warranties, a brief history lesson is in order.  Before delving in, however, you’ll be happy to know that Hammerle Morris has practiced business law since 1984 and have a staff of highly qualified and experienced business law attorneys.  How the Uniform Commercial Code Shaped Warranty Law In 1892, as the American economy grew at a rapid pace and...

There have always been murmurs, interrupted by occasional shouts, about the dark side of traveling on a cruise ship. Some of the stories – of passengers falling overboard and drowning, burning to death in an on-board fire, being sexually assaulted, smashing onto a deck after a cord broke on an onboard bungee jump – are horrific. If any of these incidents had occurred in a hotel or recreational park on...

“Friends, Relatives, In-laws, lend me your ears.  I have come to bury our relationship, not to praise it.  You need to leave my house now.” Feel free to tweak the foregoing to fit your situation.  Shakespeare most assuredly will not mind. There are few situations more fraught with anxiety than dealing with a houseguest turned squatter.  You might be dealing with an adult child who moves back home for “just a...

In recent years, the traditional nuclear American family that prevailed in the years following World War II – father, mother and children all living together – has undergone a number of societal strains and changes, including the frequency of divorce and an increasing number of single-parent households. Consequently, census figures reveal that today, 1 in 10 American children live with a grandparent, and that statistic includes approximately a quarter...

As the reach of technology has expanded in the digital age and an increasing amount of commerce has gone online, many Americans have decided to leave the 9 to 5 routine and work for themselves as freelancers, also known as independent contractors. It cannot be denied that making the move to freelancing certainly has its perks. By having the freedom to make your own decisions, you can set your pay...