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Categories Trusts & Estate Planning, Wills

Durable Power of Attorney: A Crucial Estate Planning Tool

Author S | W Categories Trusts & Estate Planning, Wills Posted on

Why Every Texan Needs a Durable Power of Attorney

Planning for the future is a vital step in securing peace of mind, and for Texans, one of the most important legal instruments to consider is a Durable Power of Attorney (DPOA). This document ensures that your financial and legal affairs are managed efficiently and effectively, even in the event of incapacity. Below, we explore why having a DPOA is essential and how it can protect your interests.

What Is a Durable Power of Attorney?
A Durable Power of Attorney is a legal document that allows you (the principal) to appoint someone you trust (the agent) to manage your financial and legal matters. Unlike a general power of attorney, the “durable” nature ensures that the agent’s authority remains effective even if you lose mental or physical capacity.

Key Benefits of a Durable Power of Attorney in Texas

  • Continuity of Financial Management: A DPOA ensures that bills are paid, investments are managed, and assets are protected without interruption if you are unable to handle these tasks yourself.
  • Avoiding Court Intervention: Without a DPOA, your loved ones may need to seek court-appointed guardianship to manage your affairs—a process that is time-consuming and expensive. A DPOA eliminates this need by granting authority directly to your chosen agent.
  • Flexibility and Customization: Texas law allows you to tailor the powers granted in your DPOA. You can specify which tasks your agent can perform, from managing bank accounts to overseeing real estate transactions.
  • Protection Against Exploitation: By appointing a trusted individual, you safeguard against potential financial abuse or mismanagement, particularly for vulnerable individuals like seniors.
  • Estate Planning Integration: A DPOA complements other estate planning tools such as wills and trusts, creating a comprehensive strategy for managing your future.

Legal Requirements in Texas
To be valid in Texas, a Durable Power of Attorney must:

  • Be signed by the principal in the presence of a notary public.
  • Explicitly state its durability (i.e., it remains effective upon incapacitation).
  • Clearly define the agent’s powers and responsibilities.

When Should You Create a Durable Power of Attorney?
The best time to establish a DPOA is when you are mentally competent and capable of making decisions. Waiting until health issues arise may complicate the process or even render it impossible due to legal competency requirements.

Choosing Your Agent Wisely
Selecting an agent is one of the most critical decisions when creating a DPOA. Your agent should be someone trustworthy, financially savvy, and willing to act in your best interests. Regularly reviewing and updating your DPOA ensures it aligns with your current wishes and circumstances.

In Texas, having a Durable Power of Attorney is more than just prudent—it’s essential. It provides continuity, security, and peace of mind by ensuring that your affairs are managed according to your wishes in the event of incapacity. Give us a call today to create or update your DPOA with our Estate Planning team. Your future self will thank you!

 

Categories Litigation, Press Release

SWB Secures $2.5 Million Judgment for Client

Author S | W Categories Litigation, Press Release Posted on

Saunders Walsh & Beard Secures $2.5 Million Judgment in Collin County Commercial Litigation

McKinney, TX – June 19, 2025 – Saunders Walsh & Beard is pleased to announce it has obtained a $2.5 million judgment in a recent commercial litigation case in Collin County’s 199th District Court (Cause No. 199-05058-2021). Chapman Bauerlein served as lead trial counsel in this complex business dispute, achieving a strong result through strategic trial advocacy.

This significant verdict underscores the firm’s unwavering dedication to results-driven litigation and client-centered service.

Saunders Walsh & Beard welcomes conversations with professionals and law firms interested in collaborating or referring complex commercial matters.

 

Contact:
214-919-3555
[email protected]

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Categories Business Law, Trademark

The Benefits of Trademark Protection

Author S | W Categories Business Law, Trademark Posted on

The Benefits of Trademark Protection

When building your business, one of the most important assets you have is the brand itself. Whether it’s the name of your company, a slogan or a logo, finding distinct ways to represent your company will help build consumer awareness, enabling your business to grow. Filing a trademark with the United States Patent and Trademark Office (USPTO) offers significant benefits for protecting and growing your brand.

  • Exclusive U.S. Rights: When you file for a trademark, you will be granted exclusive rights to use the trademark in connection with your goods or services across the U.S., regardless of where you’re physically located. Additionally, it helps prevent others from using a confusingly similar name or logo.
  • Stop Copycats: Once you file with the USPTO, your mark becomes publicly searchable in the USPTO database. This deters others from adopting a similar name or logo because they can see it’s already claimed.
  • Public Deterrent: Registered marks are presumed valid, and you are presumed to be the rightful owner, thereby shifting the burden of proof to the other party in legal disputes and giving you a significant advantage.
  • Legal Advantage: Only federally registered trademarks can use the ® symbol, which enhances credibility and communicates legal protection. Unregistered marks can only use ™ (trademark) or ℠ (service mark), which carry less weight.
  • Sue Infringers: If you feel that another party is using an identical or similar version of your mark, you can file a lawsuit in federal court to stop infringement.
  • Sell It or Use It as Collateral: As trademarks are intellectual property assets, they can be sold, licensed, or used as collateral. Some entities choose to register their trademark not for the legal protection, but because it is an additional asset that they can sell, when they are looking to sell their company to a third party. A strong brand with legal protection can increase your company’s valuation and attractiveness to investors or buyers.
  • Keep Your Brand Consistent: Trademark protection helps maintain brand consistency. Consumers are more likely to trust brands with protected, recognizable marks.

In summary, registering a trademark with the USPTO is a powerful step toward building a secure, reputable, and scalable brand. It’s not just a legal safeguard; it’s a strategic and valuable business asset. 

Ready to secure your brand’s future? Contact Saunders Walsh & Beard today to learn more about protecting your intellectual property and unlocking the full potential of your business!

 

Categories Business Law

LLC vs Sole Proprietorship in Texas

Author S | W Categories Business Law Posted on

Thinking of running your small business in your own name?


It’s common, but in Texas, forming an LLC or corporation offers big advantages.

When an individual starts their small business, they often do so in their own name. The thought process is typically that, as they are the only person involved with the business, there is no need to become a company or corporation. Not having employees or a payroll, some individuals think that the additional step of forming an entity is unnecessary and excessive. Some individuals do not believe they can form an entity when they are the only person involved with their business. What they may not know is that choosing not to operate as a sole proprietor in Texas and instead forming a Limited Liability Company (LLC), corporation, or other formal business entity can offer several key benefits.

1. Protect Your Personal Assets

With entities such as LLCs or corporations, owners are not personally liable for business debts, lawsuits, or obligations. Only the business assets are at risk. Inversely, sole proprietors (people who run businesses in their own personal names) are personally liable for all debts and legal actions against the business. Their personal assets (house, savings, etc.) could be at risk.

2. Boost Your Business Image

Additionally, by having “LLC” or “Inc.” in a business name may make the company appear more legitimate and professional, which can help when attracting investors, applying for business loans, and gaining client trust. While it might seem nominal, the suffix adds a measure of credibility and gravitas with potential clients and customers.

3. Enjoy Tax Flexibility

An individual who runs their business as a sole proprietorship has very few options when it comes to tax filings, whereas an entity allows for more versatility. An LLC can be taxed as a sole proprietorship, partnership, S corporation, or C corporation, depending on how an individual chooses to elect, providing the individual to optimize taxes based on their situation. There are multiple classifications of corporations. An S-corp enables pass-through taxation; avoids double taxation, while a C-corp has potential tax advantages on retained earnings but is subject to double taxation unless planned carefully. Inversely, a sole proprietor has no tax flexibility. All income is reported on their personal tax return (Schedule C), and they are subject to self-employment taxes on all profits.

4. Build a Stronger Business Foundation 

Formal entities provide a clear separation between personal and business finances as well as making it easier to build business credit and maintain legal protection.

An LLC or corporation can have multiple owners (members/shareholders) and is not tied to one person, making it easier to transfer ownership, bring on partners or investors, and continue operations if a member leaves or passes away. With a sole proprietor, the business ends with the owner and can be harder to transfer or sell.

Business entities such as LLCs or corporations provide for more formal structure with defined roles, governance, and rules (operating agreement, bylaws). Additionally, they can help prevent internal disputes and set clear expectations among owners or investors.

In sum, who Should Consider an LLC or Corporation?

  • Anyone worried about personal liability: Protect your assets!
  • Growing businesses: Hiring employees or seeking investment? Formalize your structure.
  • Businesses in “risky” industries: Healthcare, food services, consulting—consider the extra protection.
  • Those planning for the long-term: If you want to build a business that can continue beyond just you, an entity is crucial.

Don’t leave your future to chance. Contact us today to discuss forming an LLC or corporation in Texas.

 

Disclaimer: This blog post provides general information and not legal or tax advice. Consult with a legal and/or tax professional to determine the best entity type for your situation.

 

Categories Trusts & Estate Planning, Wills

Pour-Over Wills: The Hidden Gem of Texas Estate Planning

Author S | W Categories Trusts & Estate Planning, Wills Posted on

Pour Over WillsAre you a Texan looking to secure your legacy? Let’s talk about a lesser-known but powerful tool in estate planning: the pour-over will. This legal document could be the secret ingredient to ensuring your final wishes are carried out smoothly and efficiently.

What Is a Pour-Over Will?

A pour-over will is a special type of will that works in tandem with a living trust. It acts as a safety net, catching any assets that you might have forgotten to transfer into your trust* during your lifetime. Essentially, it “pours” these leftover assets into your trust upon your death, ensuring everything is distributed according to your trust’s instructions.

Why Texans Should Consider a Pour-Over Will

1. Simplicity and Organization
With a pour-over will, you can rest easy knowing that all your assets will end up in one place – your trust. This simplifies the administration of your estate and reduces the chance of assets slipping through the cracks.

2. Privacy Protection
Unlike traditional wills, which become public record during probate, a pour-over will keeps the details of your asset distribution private. Only the existence of the trust is made public, not its contents.

3. Flexibility During Your Lifetime
You can continue to manage and use your assets freely while you’re alive. The pour-over will ensures that anything you haven’t transferred to your trust by the time of your death will still be included in your overall estate plan.

How to Set Up a Pour-Over Will in Texas

1. Create a living trust
2. Draft a pour-over will with an experienced attorney
3. Regularly review and update both documents

Remember, while a pour-over will can be a valuable tool, it’s most effective when used as part of a comprehensive estate plan tailored to your specific needs and circumstances. Don’t let your hard-earned assets fall into limbo. Consider adding a pour-over will to your Texas estate plan and pour yourself a tall glass of peace of mind.

The Estate Planning team at SWB, headed by Mr. Michael Weaver, can help you secure your legacy and provide peace of mind for yourself and your loved ones.

Contact us today for a free 30-minute consultation.

* The terms living trust and revocable trust are often used interchangeably, but there is a subtle difference:

  • A living trust (also called an inter vivos trust) is any trust created and funded during the grantor’s lifetime. Living trusts can be revocable or irrevocable.
  • A revocable trust is a specific type of living trust that the grantor can change or revoke at any time during their life. A revocable trust is always a living trust, but a living trust can be either revocable (changeable) or irrevocable (cannot be changed).
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