Morgan Williamson, LLP Morgan Williamson, LLP 2026-05-28T21:23:30Z https://www.mw-law.com/feed/atom/ WordPress /wp-content/uploads/sites/1503740/2023/09/cropped-site-icon-MW-32x32.png On Behalf of Morgan Williamson LLP <![CDATA[Legal actions for beneficiaries in Texas: What to do when entitled assets are withheld]]> https://www.mw-law.com/?p=255886 2025-01-14T14:49:44Z 2025-01-14T14:49:44Z Request an accounting of the trust If you don’t get a satisfactory answer and you’re concerned about the security of the trust’s assets, you have the right to ask for an accounting of it. That’s a detailed summary of the trust’s income, expenses and distributions. You can request this at any time. If you’re not getting the distributions you should be, according the terms, and/or you believe the trust is being mismanaged, it’s smart to get legal guidance to help you determine your best course of action. Sometimes, just learning that a legal professional is involved can incentivize a trustee to take their role seriously.

Mediation, ADR and court actions, including removal of the trustee

If that doesn’t work, you may need to either try resolving the matter through mediation or other alternative dispute resolution (ADR) or, if necessary, file a petition with the probate court to compel the trustee to do their job. You can also seek the removal of the trustee. Two key reasons a trustee can be removed under Texas law are the following:
  • They “materially violated or attempted to violate the terms of the trust and the violation or attempted violation results in a material financial loss to the trust
  • They “fail[ed] to make an accounting that is required by law or by the terms of the trust.”
The probate court has the discretion to remove a trustee and appoint any contingent trustee named by the grantor or (if there is none) someone else. Time is of the essence if a trustee is mismanaging the assets over which they have a fiduciary duty or even if they’re just not doing their job. That’s why if you have concerns, it’s important not to wait too long to get legal guidance.]]> On Behalf of Morgan Williamson LLP <![CDATA[Two Morgan Williamson attorneys named to Super Lawyers® list]]> https://www.mw-law.com/?p=255876 2025-03-04T07:34:32Z 2024-12-11T19:31:04Z

Christian D. Stewart, Partner

Rated By Super Lawyers® | Rising Stars | Christian D. Stewart | SuperLawyers.com  Rated By Super Lawyers® | Christian D. Stewart | Selected in 2024 | Thomson Reuters
Firm partner Chris Stewart is a versatile trial lawyer with extensive experience in federal and state courts. He manages a diverse litigation docket, handling cases such as business torts, estate and probate disputes, construction defects, product liability, breach of contract, and personal injury claims. Chris offers nationwide trademark registration services and handles trademark infringement cases for plaintiffs and defendants, including matters before the Trademark Trial and Appeal Board and domain name arbitrations. His copyright practice includes registration and infringement disputes, Digital Millennium Copyright Act matters, and social media takedowns. Additionally, Chris represents clients in trade secret disputes and non-compete agreements. A University of Nebraska College of Law graduate, Chris is known for his strategic and attentive counsel. Along with his 2024 award, he previously won Super Lawyers® Rising Star several times.
Firm partner distinguished himself by specializing in litigation, trial and appellate law. He has earned a reputation for his strategic and attentive counsel. 's experience spans personal injury, commercial litigation, real estate and insurance defense. A Baylor Law School graduate, is also board-certified in Civil Trial Law by the Texas Board of Legal Specialization. His dedication and skill have been recognized with the prestigious 2024 Super Lawyers® Award and Super Lawyers® Rising Stars in the past.
]]> On Behalf of Morgan Williamson LLP <![CDATA[Amarillo Attorney , Sr. Honored By Texas Bar Foundation]]> https://www.mw-law.com/?p=255867 2025-03-04T07:36:01Z 2024-10-16T18:41:27Z www.txbf.org.]]> On Behalf of Morgan Williamson LLP <![CDATA[6 steps to take if your property is targeted for eminent domain in Amarillo]]> https://www.mw-law.com/?p=255849 2026-04-02T17:24:44Z 2024-10-07T19:08:01Z eminent domain condemnation cases, compensation is typically offered based on the government's assessment of the property's fair market value. However, this offer may be unsatisfactory if the government's valuation doesn’t reflect the property's true market value or the owner's personal attachment and investment in the property. If you find yourself in this situation, here are the steps you should take to protect your rights and ensure you receive fair treatment.
  1. Stay calm and gather information: Receiving notice that your property is subject to eminent domain can be overwhelming, prompting a lot of questions, but it’s important to approach the situation rationally. Start by gathering all relevant information. Review any documents you've received from the government or its agents. These documents should detail the reason for taking the land, the proposed public use and the compensation offered.
  2. Understand your rights: In Texas, property owners have certain rights when facing eminent domain. The government must provide just compensation, which is typically the reasonable value of your property. Additionally, the taking must be for public use, such as building a road or a school.
  3. Consult with an eminent domain attorney: An experienced attorney who specializes in this area can help you understand your rights, evaluate the compensation offer and guide you through the legal process. They can also represent you in negotiations and, if necessary, in court.
  4. Get an independent appraisal: If the government's initial compensation does not reflect the true value of your property, consider hiring a qualified appraiser to conduct an independent appraisal. This will give you a better understanding of your property's market value.
  5. Negotiate compensation: An attorney can help negotiate the compensation offered by the government. While independent appraisal can serve as a strong negotiating tool, the right attorney can persuasively argue for just compensation.
  6. Challenge the taking if necessary: If you believe the taking isn’t for a legitimate public use or the compensation is inadequate, the property owner has the right to challenge it in court. Your attorney can help you file a lawsuit and present your case.
Facing eminent domain in Amarillo, Texas, can be daunting, but by staying informed and seeking professional help, you can protect your rights and secure fair compensation. Together, you can take the proactive steps outlined above to safeguard your interests.]]> On Behalf of Morgan Williamson LLP <![CDATA[, Sr. Receives Certification in Civil Trial Law from the Texas Board of Legal Specialization]]> https://www.mw-law.com/?p=255765 2024-02-22T11:08:25Z 2024-02-22T11:08:25Z On Behalf of Morgan Williamson LLP <![CDATA[Have you protected the intellectual property for your Texas business?]]> https://www.mw-law.com/?p=255749 2024-01-12T20:24:03Z 2024-01-12T20:24:03Z most significant litigation matters to move forward in the state of Texas in recent years involved IP cases. So, how do you go about protecting your IP? The first step is to get an understanding of how these tools work. Some of the more common options are discussed below.

#1: Trademarks

Consider trademarks the face of the brand. They are the symbols, logos, or names that customers associate with your products. A robust trademark is instantly recognizable and differentiates you from the competition, forming the cornerstone of your brand identity.

#2: Copyright

Copyright is the invisible shield that guards your artistic and literary creations. Whether it's an engaging article, a captivating piece of artwork, or an original musical composition, copyright ensures your creative output stays rightfully yours, preventing unauthorized use and replication.

#3: Trade secrets

Trade secrets are the proprietary techniques and processes that set your business apart —the "secret sauce" behind your success. These could be anything from a grandmother's secret recipe to a revolutionary manufacturing process. By keeping these under wraps, you maintain your competitive edge.

#4: Licensing agreements

Licensing is the strategic bridge that allows others to utilize your intellectual property in exchange for compensation. These agreements are tailored to benefit your business, providing an additional revenue stream while controlling how your IP is used in the marketplace. In our digital age, your online content, from websites to videos, is also your IP. Understanding the legal protections that keep your digital presence secure from infringement is vital, ensuring your online footprint contributes positively to your brand's reputation and value. Intellectual property is more than a legal concept. It is a strategic business asset. Proper IP management can propel your business to new heights. By safeguarding your intellectual assets, you unlock endless possibilities for growth and innovation.]]> On Behalf of Morgan Williamson LLP <![CDATA[What should a comprehensive estate plan in Texas include?]]> https://www.mw-law.com/?p=255736 2023-11-28T21:36:46Z 2023-11-28T19:24:40Z Wills A will is a legal document that outlines how you want your assets distributed after your death. A will can work in a cohesive way with other estate planning tools, such as a trust. Your will represents the thought and care you've put into the estate planning process. You can think of your will as the guidance your family needs for the next phase.

Trusts

Trusts are legal entities that hold assets for the benefit of others. Trusts offer a level of control over asset distribution, and trusts can help your family avoid probate, which is a time-consuming and often costly court process. There are many types of trusts available, and they each have unique features, such as:
  • Trusts designed to benefit individuals with disabilities while not impacting their essential government benefits
  • Trusts that pay out to family members for a set period of time and then donate the remaining assets to your preferred charity
  • Trusts that allow for transferring a substantial amount of money tax-free to beneficiaries who are at least two generations your junior
The type of trust you need for your family depends entirely on your goals and priorities.

Powers of attorney

A power of attorney is a legal document that allows you to appoint someone else to make decisions on your behalf in the event that you become incapacitated. The person you appoint, known as your agent, can manage your financial affairs, make health care decisions, or conduct other business for you. You can create separate financial powers of attorney and medical powers of attorney.

Advance health care directives

Also known as a living will, an advance health care directive outlines your wishes for medical treatment should you become unable to communicate or make decisions for yourself. This document can provide guidance for your loved ones and medical professionals in a difficult time, ensuring that your personal values and preferences are respected.

Your estate plan is built on your priorities.

An estate plan is a collection of legal tools designed to protect your assets, your wishes, and your loved ones. To learn more about your options, please see our overview of estate planning and probate in Texas.]]> On Behalf of Morgan Williamson LLP <![CDATA[How the Texas Landowner’s Bill of Rights affects you as a property owner]]> https://www.mw-law.com/?p=255463 2023-12-11T18:11:59Z 2023-10-24T14:59:32Z allows eminent domain, the government's power to seize privately owned land. Specifically, the Fifth Amendment states, "Nor shall private property be taken for public use, without just compensation." In other words, the government can seize private property, but only if it compensates the owner with the land's fair market value.

The Landowner's Bill of Rights

Needless to say, eminent domain is a controversial government power. In response, Texas lawmakers created another bill of rights called the State of Texas Landowner's Bill of Rights. The Landowner's Bill of Rights enshrines ten property owner rights against eminent domain actions:
  • The right to adequate compensation.
  • Your property can only be taken for a public use.
  • Your property can only be taken by a government entity or private entity legally authorized to do so.
  • The entity must notify you of its intention to take your property.
  • The right to a written appraisal, prepared by a certified appraiser, detailing how much you are entitled to in compensation.
  • A requirement that the entity make you a bona fide purchase offer before suing to condemn the property (which begins the eminent domain process).
  • Your right to hire your own appraiser or other professional to determine your property's fair market value or advise you in condemnation proceedings.
  • Your right to hire an attorney.
  • If necessary, a hearing prior to condemnation before three special commissioners who determine the compensation you are entitled to in exchange for the property seized, as well as any resulting reduction in value to your remaining property.
  • The right to a trial if you object to the special commissioner panel's decision.
Enforcing your rights as a landowner is easier when you have an experienced eminent domain attorney advising and representing you.]]>