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Phone: (254) 526-7541

Address: 2501 E Elms Rd Ste A, Killeen, TX 76542

Website: http://www.robertslegalfirm.com

Roberts & Roberts LLP

Family Law

Divorce
Child Support
Joining someone else as a co-owner of your property may expose that property to the claims of your co-owner's creditors. For example, if Jane adds Bill to her deed and Bill later causes an automobile accident for which he is sued, the plaintiff may be able force the sale of Jane's land to pay for the injuries. Similar problems may arise if Bill dies and an uncooperative heir inherits his interest, if Bill files bankruptcy or gets divorced, or if liens are filed against Bill for unpaid income taxes or child support.
Guardianship
A Declaration of Guardian allows you to choose the person would want to serve as your own guardian should the need ever arise. More importantly, the Declaration allows you to "disqualify" someone from serving as your guardian. This can be important in situations where a greedy family member could see guardianship as a means of obtaining access to your wealth. If you disqualify someone from serving as your guardian, the court must honor your wishes.

Criminal Law

Criminal Defense
The family law practitioner must be familiar with a broad range of legal fields, including employment law, criminal law, business and contract law, estate planning, and real estate. Because each of these fields has become so specialized, it is not realistic to expect any one lawyer to be an expert in each of them. While most family attorneys feel comfortable preparing a basic DTSA, the real estate implications can become quite complex -- particularly if the property involves the rights of third parties, an easement, outstanding oil or mineral interests, unresolved liens, and the like. Moreover, it is not uncommon for the original home loan to have been refinanced one or more times, or bought and sold by several lenders. Without a strong real estate background, many family attorneys do not have the resources or experience to properly draft the DTSA and describe the obligations assumed. In such cases, it is often beneficial for a family attorney to confer with real estate lawyer, or even to delegate the task of drafting the necessary documents.
Theft
Forgery
Buyers, on the other hand, would usually much rather have a General Warranty Deed. When a seller makes a general warranty, the seller covenants with the buyer that not only has the seller not personally done anything to adversely affect the title being conveyed, but neither has anyone else who has ever owned the property. Returning to our previous example, if the buyer's title is lost or impaired because someone forged the deed to the seller, the seller will be liable to the buyer for the loss even if the seller had no reason to know of the forgery.

Business and Corporate Law

Business Disputes
The State Bar of Texas Business Law Section formed the Business Organizations Code Committee in 1995 for the purpose of reorganizing, modernizing, simplifying, restating and clarifying the Texas statutes affecting business entities. In 2003 the Legislature passed a massive 800+ page bill creating the Texas Business Organization Code (BOC), to be effective January 1, 2006. In 2005 the Legislature passed additional amendments, even though the law had not yet gone into effect.
Business Transactions
At Roberts & Roberts, we mean business. As one of Killeen's oldest business law firms, we have been helping satisfied clients with their business law needs for many years. We understand the complexities of business transactions, and can assist with a wide variety of commercial matters, including formation and termination of general partnerships, corporations and "S" corporations, limited partnerships, limited liability companies, professional associations, joint ventures, and registered limited liability partnerships; mergers and conversions; assumed names; buying and selling businesses; loans and secured transactions; employment policies and agreements; noncompetition agreements; confidentiality and nondisclosure agreements, and more.
Limited Liability Companies
The BOC applies to all new Texas corporations, partnerships, limited liability companies and other domestic filing entities formed on and after January 1, 2006, as well as all foreign filing entities registering to transact business in Texas on or after that date. Existing domestic and foreign entities will be "grandfathered" until January 1, 2010, unless those entities choose to be governed by the BOC sooner.
Trade Secrets

Employment Law

Workers Compensation
In Texas, the relationship between an employer and an employee is presumed to be terminable "at will," which means that either side is free to end the relationship at any time. The relationship may be ended for any reason or for no reason, but cannot be ended for an illegal reason (such as the employee's race, color, religion, age, gender, national origin or disability, or due to the employee filing a worker's compensation claim, refusing to perform an illegal act, reporting a violation of law, or attending jury duty.) An employment relationship which is not "at will" is said to be "contractual," and contractual employment relationships can only be terminated for good cause. From the employer's perspective an "at will" relationship is often preferable because it permits severing relationships with employees who are not a good fit with the organization, even though their conduct may not be bad enough to warrant termination for cause.
Employment Contract
A formal contract. Sometimes, both sides really do want to have a contractual relationship so that the employer knows it will have the benefit of the employee's services for a particular period of time, and the employee knows she will not be fired except for good cause. In this situation the parties typically negotiate and sign a written employment agreement that expressly eliminates "at will" status.
Employment Litigation
Non-compete Agreement
For many years, the courts required that non-compete agreements be ancillary to an agreement that was enforceable at the time the agreement was made. Light v. Centel Cellular Co. of Texas, 883 S.W.2d 642, 644-45 (Tex. 1994). This requirement made it extremely difficult to draft an enforceable non-compete agreement because most employment relationships in Texas are "at-will," and in an "at-will" relationship the employer can avoid its obligations by simply terminating employment. Thus, the courts reasoned, the employer failed the first prong of the "ancillary" test because it was not really giving anything in exchange for the employee's promise not to compete.

Property Law

Real Estate Litigation
Entire books have been written on the topic of mechanic's liens, and entirely separate books have been written on bond claims. It is simply not feasible to give you more than an overview of the applicable Texas real estate law in a memo form. The following is intended to be an outline of the deadlines that will be applicable in your most common transactions, and to assist you in identifying the situations in which you will need to obtain the assistance of a Texas real estate lawyer.
Construction Litigation
Roberts & Roberts is one of Central Texas' most respected transactional real estate law firms. When it comes to Texas real estate law, we know what works because we are routinely involved in all aspects of real estate transactions. Our clients include owners, buyers, property managers, lenders, realtors, title companies, contractors, builders, landlords, and even governmental entities. When you need a Texas real estate lawyer we're ready to help you with a broad range of real estate matters, including: residential and commercial sales and construction agreements, options, letters of intent, rights of first refusal, leases, easements, seller-financing, title insurance, releases, mortgage lending and home equity issues, modifications and refinancing, assumptions, boundary agreements, restrictive covenants, homeowner's associations, clearing title, foreclosures, and mechanic's liens.
Real Estate Transactions
A buyer in a real estate transaction will often request the seller to furnish title insurance, or the buyer may simply elect to purchase such coverage. However, with such a wide array of endorsements and exclusions available, how is the buyer to know what the policy will really cover--or whether the title company is even willing to issue a policy? The answer lies in the title commitment. The commitment is essentially an offer to issue a title policy, and a description of the various conditions, exclusions and exceptions that will be applicable to that particular policy.
Easement
Property Damage

Trusts and Estates

Estate Planning
Roberts & Roberts provides legal services in the fields of probate, estate planning, real estate, business and family law. The Killeen attorneys of our firm have been privileged to count the following among our clients over the years.
Wills
Consider what would happen to this sort of business if one of the principals files for divorce and her ownership interest is tied up in family court. What if one of the owners falls on difficult financial times and decides to sell her ownership interest to someone else--or worse, files bankruptcy and loses her ownership rights to third party creditors? How would the business be impacted if one of the principals died and her Last Will and Testament left everything to her young children? Any of these events could result in an inexperienced or adversarial individual becoming involved in the business.
Trusts
A "Living Trust" is a special legal arrangement that you put into effect during your life (as opposed to a "testamentary trust," which becomes effective upon your death) for the management of your assets. For the trust to work, you must transfer all your assets out of your own name and into the name of a trustee, who will manage your assets for you during your lifetime, and then deliver those assets to whomever you choose upon your death. You are permitted to act as your own trustee during your lifetime if you wish to do so.
Power of Attorney
A Medical Power of Attorney is a legal document by which you appoint one or more persons (your "Agents") to make any and all health care decisions for you in accordance with your wishes, including your religious and moral beliefs, when you are no longer capable of making them yourself. You have the right to make health care decisions for yourself as long as you are able to do so; your Agent's authority does not begin until your doctor certifies that you lack the capacity to make your own health care decisions.
Probate
The death of a loved one is among the most stressful times in any person's life. To make matters worse, family members are often called upon to set aside their grief and respond to claims of creditors, to figure out the decedent's financial affairs, and to divide the decedent's belongings. Probate law provides the framework in which these matters can be handled in an orderly fashion, and most people are surprised to learn that probate is not nearly so difficult, time consuming or expensive as they had been led to believe. At the Killeen law firm of Roberts & Roberts, we are sensitive to the fact that our probate clients are going through a difficult time in their lives, and we apply our experience and understanding of the Texas probate system to make the process as simple and inexpensive as possible. Browse the articles below to learn more about Texas probate law, and then call us if we can be of assistance to you.

Finance Law

Bankruptcy
Foreclosure
A contract for deed, more properly called an executory contract for conveyance of real property, is one method to selling real estate. Historically sellers have favored executory contracts over traditional seller financed mortgages because an executory contract allows the seller to retain title until the purchaser has paid the full purchase price. Accordingly, if the buyer defaults in payment the seller simply terminates the contract and evicts the buyer, thereby avoiding the expense of a foreclosure. For years the Legislature has expressed concern about abusive tactics on the part of sellers, particularly in the colonias in south Texas, and has responded by extensively regulating the use of executory contracts. An executory contract covering property to be used as a residence must now satisfy numerous requirements, including...
Tax Law
The gift tax is a tax on the value of any property transferred during life without charge, or for less than full value. The tax applies whether the owner intended to make a gift or not. Gift tax issues often arise in the context of adding someone to your deed, gifting property to children, and making loans at less than a market rate of interest. The gift tax is normally charged to the person making the gift.

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