In handling neighbor’s barking dog, start at the local level
Q. The neighbor who lives behind our house has a German shepherd that barks at everything. If something moves, the dog will bark at it. Whenever I walk out to my yard, the dog will bark nonstop at me. I have tried talking to our neighbors, and I've asked them to keep their dog inside the house, but they refuse to do that. Is there anything I can do to get peace and quiet?
A. You should start by calling the police, your constable or sheriff, or your homeowners' association (if you have one) to see if any of them can force your neighbor to keep their dog from barking so much. However, a barking dog is not typically a priority for law enforcement, so don't expect immediate results.
You should also consider hiring an attorney to write a demand letter to your neighbor, or if that fails, to sue your neighbor claiming that the dog is a nuisance. The purpose of your lawsuit would not be to recover damages. Instead, you would be seeking a court order which requires your neighbor to keep the dog inside.
And of course, as a last resort, you could move to a different home. Just be sure you move to a location where barking dogs are dealt with by a homeowners' association or local police force.
Q. My father died last year in Houston, and he had a will that named my brother as executor. The will gave all of my father's property to his four children in equal shares. Our brother gave us some money from the estate last year, but I have just learned that he sold my father's house and kept all the proceeds for himself. And now he has stopped communicating with me and my other two siblings. What can the three of us do to get our share of the sale?
A. The three of you need to hire an attorney to force your brother to give you each your fair share of the house proceeds, plus any other assets you may be entitled to receive.
A demand letter written to your brother by your attorney may be all it takes, but if he is unwilling to turn over the money, then the three of you will need to file suit.
Q. My wife and I have three adult children, none of whom are married or have children of their own. Our estate is worth about $12 million. Our financial adviser recently told us we need a living trust to save estate taxes. Is she right?
A. As a general rule, any taxes that can be saved by a living trust can also be saved by having a properly drafted will.
If you meet with an estate planning attorney, you will be able to figure out whether a living trust is appropriate for you.
The information in this column is intended to provide a general understanding of the law, not legal advice. Readers with legal problems, including those whose questions are addressed here, should consult attorneys for advice on their particular circumstances. Ronald Lipman of the Houston law firm Lipman & Associates is board-certified in estate planning and probate law by the Texas Board of Legal Specialization. Email questions to stateyourcase@lipmanpc.com.