We offer both flat fees and hourly billing, depending on the matter. Flat fees are typically used for estate planning and forming business entities. For other work, we bill only for the actual time spent on your case—never in inflated increments like some firms. You’ll receive a clear fee agreement up front, and we encourage you to ask questions at any time. Transparency is part of our process.

Your case will always be overseen and handled by an attorney. While paralegals or junior attorneys may assist to keep your costs down, all legal work is reviewed and approved by a qualified lawyer. We do not delegate legal decisions to non-lawyers—ever.

You can represent yourself (called pro se), especially in small claims or JP court. But in most other courts, you’ll be held to the same legal standards as a licensed attorney—rules, procedures, evidence, and all. We usually recommend hiring an attorney to avoid costly mistakes.

Yes—we believe in honest feedback. During an initial consultation, we’ll give you a straightforward assessment of your case. While no lawyer can guarantee an outcome, we’ll help you understand your chances and what to expect moving forward.

We prioritize open, frequent communication. You’ll be notified of all important developments and receive copies of key documents. We also make ourselves available by phone or email, and more than one person in our office will always know the status of your case.

Absolutely. We regularly help clients avoid litigation through mediation, settlement negotiations, or other cost-effective solutions. If your issue doesn’t require a lawyer—or can be solved more easily—we’ll tell you that upfront.

Forming a legal business entity—like an LLC, corporation, or limited partnership—protects your personal assets (such as your home, vehicles, or bank accounts) from business debts and lawsuits. Operating as a sole proprietorship or general partnership does not offer this protection, meaning your personal assets could be at risk.

You technically don’t—but you probably should. Online tools or CPAs can file paperwork, but many DIY businesses aren’t set up or operated correctly. That can lead to serious legal and financial consequences, like piercing the corporate veil—where courts ignore your entity and go after your personal assets. We help ensure your business is properly formed and protected from the start.

A Limited Liability Company (LLC) is a flexible business structure that combines the legal protection of a corporation with the tax benefits of a partnership. Personal assets are shielded from business liability (if formalities are followed). Profits and losses "pass through" to your personal tax return—avoiding double taxation. In Texas, an LLC interest can’t be seized by creditors—only a “charging order” is allowed.

An S-Corp is a type of corporation that has elected a special tax status with the IRS. It avoids double taxation by passing profits and losses directly to shareholders. Owners report business income on their personal tax returns. To qualify, you must file Form 2553 with the IRS and meet eligibility requirements. It’s a great option for many small to mid-sized businesses looking for tax efficiency and liability protection.

There are a few extra responsibilities: You must keep business and personal finances separate Annual meeting minutes (even for LLCs) are recommended Additional tax filings may be required However, the asset protection and credibility you gain from forming an entity usually far outweigh the administrative hassle.

The process starts with one spouse filing a petition. After that, the other spouse is either served or waives service. From there, your case can go one of two ways: Uncontested divorce: If both parties agree, we draft a final decree and finalize it in court. Contested divorce: If there’s no agreement, we move into discovery, temporary orders, mediation, and possibly trial. We help you navigate every step—from property division and support to custody and visitation—with clarity and strategy.

Sometimes, yes. Custody, visitation, and child support can be modified if there's been a significant change in circumstances. Property division, however, is rarely revisited unless there was fraud or major misinformation. We'll review your decree and give you honest advice.

Texas uses a formula based on the paying parent’s net income. Here’s the general breakdown: 1 child: 20% 2 children: 25% 3 children: 30% And so on... up to 40% for five or more children We help you understand what counts as income and ensure the court receives accurate financial info.

Courts usually look at earning history, not just current income. If someone is intentionally unemployed or underemployed, the court can order support based on what they could earn, not what they say they make.

Yes. As of September 1, 2019, Texas calculates support on the first $9,200 of net monthly income. For example: 1 child: max $1,840 2 children: $2,300 3 children: $2,760 (Caps continue to increase with additional children.)

Yes, in rare cases. A judge might increase support if the paying parent makes significantly more and the child has higher needs—or decrease it, for example, if the custodial parent moves far away and travel costs go up. Every situation is different.

Courts consider things like: Length of the marriage Each spouse’s income and ability to support themselves Contributions to the other spouse’s career or education Presence of young children Most support is temporary and tied to how long it’ll take one spouse to become self-supporting.

Here’s a quick rundown: Spousal maintenance/alimony: Monthly support payments to an ex-spouse Child support: Payments to help cover a child’s needs Custody & visitation: Determines where a child lives and how parents make decisions Community property: Assets acquired during the marriage, generally split equally Equitable division: Property split based on fairness, not always 50/50 Prenuptial agreement: A contract made before marriage to define asset division Collaborative law: A cooperative, out-of-court divorce process

An Executor is the person named in a will to carry out the wishes of the deceased and manage the estate through probate. If someone passes without a will (called intestate), the court can appoint an Administrator instead. Both roles require formal appointment by the probate court. We help Executors, Administrators, and Trustees every step of the way.

While it’s not legally required, it’s highly recommended. Executors must follow complex laws under the Texas Estates Code and fulfill fiduciary duties to all beneficiaries. Mistakes can lead to personal liability. Our attorneys ensure every legal and procedural requirement is met—protecting both you and the estate.

Not always. Some assets pass outside of probate—these are called non-probate assets. Examples include: IRAs and 401(k)s Life insurance policies Joint bank accounts or accounts with "payable-on-death" designations These transfer directly to the named beneficiary and aren't controlled by a will. That’s why aligning your will and your beneficiary designations is critical—we’ll help you avoid conflicts or unintended outcomes.

We offer comprehensive probate representation, including: Representing Executors and filing for appointment Obtaining Letters Testamentary Preparing and filing court documents and notices Attending hearings with the Executor Assisting with estate inventory, asset valuation, and real estate transfers Helping distribute assets and negotiate family settlement agreements Representing heirs and beneficiaries—even in the absence of a will Whether you're managing an estate or receiving from one, we’re here to simplify the process and protect your interests.

Yes. Real estate agents can’t provide legal advice—that’s actually prohibited by the Texas Real Estate Commission (TREC). In fact, the standard contract explicitly warns: “Consult an attorney before signing.” Unlike brokers, attorneys don’t earn a commission based on the sale closing. Their role is to protect your interests from start to finish—reviewing contracts, flagging red flags during due diligence, and representing you at closing. Hiring an attorney early can save you from expensive legal issues later.

No, it does not guarantee a flawless title. Title insurance covers many common risks, but it comes with exceptions, listed on Schedule B of the title commitment. These are legal “red flags” that the title company won’t cover, and they become the buyer’s problem if ignored. Common exceptions include: Easements or restrictions Boundary disputes Oil/gas or agricultural leases Survey-related defects Utility rights or mineral drilling We help you interpret Schedule B and ensure your title is clear before closing.

No. Once signed, the TREC contract becomes a binding legal agreement. Buyers are obligated to buy and sellers are obligated to sell—under specific terms. It covers important conditions like: Appraisal and inspection terms Repair obligations Survey disputes Financing and loan contingencies Since most of the risk is on the buyer, it’s crucial to understand the contract fully before signing. We can help you review and negotiate as needed.

Absolutely. Texas law places few requirements on residential builders, so a written contract is your best protection. Without one, resolving disputes about delays, price increases, change orders, or warranty issues becomes difficult. We’ve worked on contracts for both homeowners and builders and can help ensure yours is comprehensive and enforceable.

Closing documents are the final, legally binding paperwork that seal the deal. They usually include 50–100 pages of dense legal terms related to: The property sale Loan terms Ownership transfer Title insurance Escrow and disclosures We often get calls after closing when it’s too late to fix issues. Let us review your closing documents ahead of time to make sure everything is clear and correct.

Yes. Real estate agents can guide the buying process, but they are legally prohibited from giving legal advice. In fact, the Texas Real Estate Commission (TREC) contract clearly states: “Consult an attorney before signing.” Attorneys protect your interests—especially when negotiating the earnest money contract, handling due diligence, and reviewing closing documents. Brokers only get paid if the deal closes. Attorneys are objective and not tied to the transaction's outcome. Hiring one early often prevents costly legal disputes later.

No. Title insurance ensures marketable title, but it doesn’t promise a flawless one. The title commitment—particularly Schedule B—lists exceptions that the insurer won’t cover. These might include: Easements or use restrictions Boundary disputes or encroachments Mineral rights or leases Survey-related defects Even if you weren’t explicitly told, you’re legally responsible for these issues. That’s why it’s critical to have an attorney review the title commitment before closing.

If you're purchasing commercial property, it's typically best to create an LLC or other business entity to hold the title. Buying in your personal name could expose your personal assets to liability—for example, if someone is injured on the property. An LLC provides a layer of protection and makes it easier to manage the legal and financial aspects of the investment.

A 1031 exchange allows real estate investors to defer capital gains taxes when selling a property—as long as the profits are reinvested into a similar (like-kind) property. It’s a great strategy for growing your portfolio, but the rules are strict: The replacement property must be identified within 45 days The transaction must close within 180 days Funds must be held by a qualified intermediary To avoid costly mistakes, always consult an experienced attorney and CPA when considering a 1031 exchange.

Estate planning involves creating legal documents that manage your assets and protect your family in the event of incapacity or death. While many people think of a will, true estate planning often includes: Last Wills and Testaments Trusts Plans for blended, married, or single families Guardianship for minor children or incapacitated adults Medical and Financial Powers of Attorney Living Wills (Directives to Physicians) Beneficiary designations for IRAs, 401(k)s, and life insurance At Dankesreiter & Emmet, LLP, we tailor these tools to fit your family’s unique needs.

Your initial consultation is free. During that meeting, we’ll: Discuss your goals and concerns Review any existing estate planning documents Recommend the right plan for your situation Provide a clear fee quote Once you approve, we draft your documents and schedule a signing meeting to ensure proper execution. If you can’t come to us, we’ll come to you. You’ll receive your original signed documents, and we keep a copy for safekeeping.

Online forms and DIY kits often lead to costly legal mistakes—and those mistakes usually aren’t discovered until it’s too late to fix them. We've seen: Wills that failed to meet Texas legal requirements Poorly worded documents that didn’t reflect the person’s intent Outdated or invalid beneficiary designations Even LegalZoom reports that their forms are completed incorrectly 80% of the time. The Texas State Bar also warns that most templates aren't customized for Texas law. Let an experienced estate planning attorney help you protect your loved ones the right way.

When someone passes away without a valid will (called intestate), Texas law decides who inherits. That process is called a Dependent Administration and Heirship Determination and must go through probate court. Heirship rules can be especially complicated in blended families. For example: In a second marriage, children from a previous marriage may inherit more than the current spouse. The division depends on whether assets are considered community or separate property. These proceedings are more expensive than probating a will and may not reflect what the deceased actually wanted.

No. All Powers of Attorney expire upon the principal’s death. After death: Only a court-appointed Executor can manage the estate The Executor must first receive Letters Testamentary from the probate court A Trustee, however, may act immediately if a Revocable Trust is in place This is why estate planning involves more than just assigning Power of Attorney—it requires planning for what happens after death.

A trust is a legal arrangement where one person (the Trustee) holds and manages assets for the benefit of another (the Beneficiary). Trusts can: Avoid probate Protect privacy Allow for faster asset distribution Offer long-term management in the event of disability or for minor children Trusts are flexible and can be customized to your goals, whether you want assets transferred right away or held until a child reaches a specific age.

A Testamentary Trust is created within your will and only takes effect after death. It’s often used to pass assets to children without needing a costly guardianship. A Revocable Living Trust is created while you’re alive and holds assets during your lifetime. It: Helps manage assets during disability Avoids probate Allows you to name a Successor Trustee to take over if needed Both are powerful tools, and your attorney can help decide which is best for your family.

Yes, and they’re serious enough that the State Bar of Texas warns the public. Common misrepresentations include: “Living Trusts save taxes.” Not true for most families—federal estate tax doesn't apply under $13.61 million (2024). “They help qualify for Medicaid.” False—assets in a Revocable Trust are still countable. “They protect from creditors.” Not during your lifetime. Creditors can still make claims against those assets. The key is to work with an attorney experienced in Texas estate law—not rely on misleading internet marketing.

The Successor Trustee takes over when the Grantor (person who created the trust) dies or becomes incapacitated. Their duties include: Notifying beneficiaries Gathering and managing assets Paying debts and final expenses Filing taxes Distributing assets according to the trust’s terms Although trusts avoid probate, they still involve complex steps. Our attorneys help Trustees and beneficiaries navigate these responsibilities smoothly and legally.