rattikin-exchange

Alert: New Law for Residential Property Owners

Wed, 04 Mar 2026 20:32:53 GMT

Residential real estate owners should expect some onerous new requirements anytime they convey residential real estate, even to their own entity.

Owners of residential property across the United States should be aware of a new reporting requirement that took effect March 1, 2026.

All residential (1–4 family) conveyances into an entity , such as an LLC, corporation, or trust, must be reported to the Financial Crimes Enforcement Network (FinCEN) of the U.S. Treasury.

This requirement is meant to help combat and deter money laundering by increasing transparency in the U.S. residential real estate sector. It applies to all non-bank related conveyances, whether or not money changes hands between grantor and grantee, including transactions where the receiving entity is related to the grantor.

The conveyance must be reported by a title company, attorney, or any other party that has a hand in preparing the conveyance document, filing the document, or handling the closing. Failure to report carries both civil and criminal penalties.

Questions? Concerns? If we can be of assistance, please email Jeff Rattikin at rattikin@rattikinlaw.com

1031 Exchange and Mineral Rights

Wed, 25 Feb 2026 19:19:00 GMT

Did you know mineral interests can be bought and sold as part of a 1031 tax-deferred exchange?

In Texas, most mineral interests, including working interests and royalty interests, are considered real property. That means they may qualify for exchange under Section 1031 of the Internal Revenue Code.

This allows investors to sell mineral interests and acquire other business or investment real property while deferring capital gains taxes. For example:

· Sell working interests and acquire a retail shopping center

· Sell working interests and acquire royalty interests

· Exchange mineral interests for other qualifying investment real estate

A properly structured 1031 Exchange can provide flexibility while preserving capital for reinvestment.

If you would like to discuss how a 1031 Exchange may apply to your next mineral transaction, please contact Jeff Rattikin at rattikin@rattikinlaw.com .

For more information on our 1031 Exchange Services, click here .

Honoring Jack Rattikin III

Wed, 18 Feb 2026 17:40:21 GMT

We wish to honor the life of Jeff Rattikin’s brother, Jack Rattikin III, who passed away peacefully on February 9, 2026.

Jack served as President of our sister company, the iconic Rattikin Title Company, an 82-year pillar of the title insurance industry across Texas and the nation. Through his leadership and dedication, the company continued its longstanding tradition of excellence and service.

Jack will be remembered for his leadership, generosity, strong faith, and unwavering love for his family. His life made a lasting impact on all who knew him, and he will be greatly missed.

RattikinLaw Nominated as a DFW Favorite Law Firm

Mon, 16 Feb 2026 19:36:51 GMT

Our sincere thanks to our clients, colleagues, and community for the trust and support that made this possible.

More information can be found here: https://www.votedfwfavorites.com/

RattikinLaw offers comprehensive legal services for real estate, business transactions, and estate planning. For a list of our services, click here .

Need a Real Estate Attorney in Fort Worth?

readysetgowebsitedesign@gmail.com (Elaine Lambert) — Wed, 11 Feb 2026 18:28:04 GMT

RattikinLaw Fort Worth is proud to deliver accurate, professional and cost-effective legal services with an emphasis on commercial and residential real estate, and business law

We know how Texas law affects transactions, particularly with respect to Texas homestead and marital property law. We work closely with lenders, brokers, agents, attorneys, corporations and individuals to provide a full spectrum of transactional documents and services, including the following:

• Contracts of Sale

• Warranty Deeds

• Loan Documentation, including promissory notes, deed of trust mortgages and modification agreements

• Commercial and Residential Closings

• Commercial and Residential Leases

• Easements

• Boundary Line Agreements

• Construction Documents

• Corporate and Partnership Documentation

• Development Agreements

• Releases of Lien

• Restrictive Covenants

• Sales of Business

• 1031 Exchange Transactions

For more specifics, click on Our Services page.

Questions? Please contact Attorney Jeff Rattikin at jrattikin@rattikinlaw.com. We look forward to working with you!

We're a Proud Sponsor of the FWSSR Calf Scramble

Wed, 04 Feb 2026 19:05:41 GMT

For the last 16 years, RattikinLaw has been a proud sponsor of the Fort Worth Stock Show & Rodeo Calf Scramble

During 23 scrambles, 4-H and FFA youth try to catch a calf – and it’s not easy! If they do, they're awarded a $500 certificate that typically goes toward the purchase of a beef or dairy heifer. They’ll care for their animal and, in many cases, prepare it for exhibition at next year’s Stock Show.

Many congratulations to all the winners! ��

*Image graciously provided by FWSSR and Photographer Rodeo Bum (www.rodeobum.com)

Congratulations to Stine Wicks

Wed, 28 Jan 2026 18:47:14 GMT

We’re pleased to announce that in addition to her role as Controller, Stine Wicks has been named Managing Director of RattikinLaw and Rattikin Exchange Services of Fort Worth.

In this new role, Stine will help guide the firm’s strategic planning and day-to-day implementation. Her focus will include strengthening client relationships, supporting the continued growth of our core practice areas, and identifying new opportunities that align with the firm’s long-term vision. She will also play an active role in representing the firms throughout the business and civic communities we serve.

Stine’s knowledge of RattikinLaw and Rattikin Exchange Services, as well as our history, along with her thoughtful leadership style, makes her a natural fit for this expanded role. We’re confident that her enhanced leadership will help us build upon decades of strong relationships while positioning the firm for continued growth.

Please join us in congratulating Stine on this well-deserved position.

Need Help with Real Estate Closings?

Wed, 21 Jan 2026 18:39:40 GMT

RattikinLaw offers trusted legal guidance for residential and commercial real estate closings -- ensuring your transaction is efficient, secure, and clearly understood every step of the way.

With deep roots in Fort Worth’s real estate history and a reputation for professionalism, our team handles all the legal details so you can close with confidence.

Why It Matters

Real estate transactions involve many moving parts -- clear legal coordination protects your investment
Our team ensures all documents are accurate, compliant, and tailored to your deal
We simplify the process by coordinating with lenders, title companies, and other parties
Clients gain clarity and peace of mind by knowing what’s happening at each step

What We Offer

We provide comprehensive closing services for both residential and commercial real estate, including:

Contract preparation and legal document drafting
Communication with lenders, title companies, buyers/sellers, and agents
Coordination of surveys, appraisals, inspections, and insurance
Secure closing and funding of the transaction
Clear explanations of each step and responsibility involved

Whether you're buying your first home or finalizing a commercial deal, we help ensure a smooth closing from start to finish.

Not Sure Where to Start?

Email Jeff Rattikin at rattikin@rattikinlaw.com and tell him about your situation. He can walk you through your next steps.

Home Sales and Existing Leases: What Buyers Should Know

Wed, 14 Jan 2026 18:05:23 GMT

Some home sales involve properties already leased to tenants. Buyers often assume the lease ends at closing -- but that’s incorrect ...

A valid lease, written or oral, survives the sale, and the buyer becomes the new landlord, inheriting both the rent and the landlord’s obligations.

Buyers should carefully review lease terms before closing. Key questions include:

• What is the remaining term of the lease?

• How much is rent?

• Who’s responsible for maintenance?

• Is rent prepaid?

• Are tenants current?

• Has the landlord agreed to make certain repairs?

• Is the landlord holding a security deposit, and how much?

Surprises like a year’s prepaid rent or a roof the seller promised to replace can create headaches.

TREC contract forms now include an Addendum Regarding Residential Leases, in which a Seller must not only provide a Buyer with copies of the lease(s), but also information on its terms, obligations and current status. However, unlike commercial forms requiring an “estoppel certificate” signed by the tenant, the TREC form lacks a statement directly from the tenant as to the tenant’s understanding of the agreement and status. A savvy Buyer may want to add such a requirement to Par. 11 of the Contract.

Lease-related issues can be complex. With legal help and proper due diligence, buyers can avoid costly surprises when buying tenant-occupied property. Need help? Contact Jeff Rattikin at rattikin@rattikinlaw.com .

Did You Make a New Year’s Resolution to Get Your Estate in Order?

Wed, 07 Jan 2026 17:48:56 GMT

If you did, that’s terrific. Planning for the future means protecting what matters most ...

RattikinLaw provides clear, legally sound estate planning documents -- including wills, powers of attorney, and healthcare directives -- to give you peace of mind and confidence that your wishes will be followed.

Why It Matters

Ensure your assets go where you intend, not according to Texas default laws
Empower a trusted person to manage finances or medical decisions if needed
Protect minor children with named guardians
Avoid unnecessary court costs, delays, or confusion for your family

What We Offer

Core Estate Planning Documents:

Last Will and Testament
Statutory Durable Power of Attorney
Medical Power of Attorney
HIPAA Authorization
Directive to Physicians ("Living Will")
Declaration of Guardian (for you)
Guardian Designation (for minor children)

Not Sure What You Need?

That’s okay. We’ll help you figure it out. Contact Jeff Rattikin at rattikin@rattikinlaw.com .

Happy New Year

Wed, 31 Dec 2025 19:04:34 GMT

Hello, New Year!

We’re focused, prepared, and ready for what’s ahead.

Wishing you a successful 2026!

RattikinLaw will be closed on January 1 ^st

Happy Holidays

Tue, 23 Dec 2025 15:39:21 GMT

This Christmas season, we are grateful for the relationships that make our work meaningful.

From all of us at RattikinLaw, we wish our friends, clients, and colleagues a Merry Christmas and a joyful holiday season.

We’ll close at noon on Christmas Eve, and reopen on Monday, December 29 ^th .

RattikinLaw Sponsors Winter White Soiree in Fort Worth

Wed, 17 Dec 2025 16:44:27 GMT

The Real Estate Council of Greater Fort Worth wrapped up 2025 with a holiday gathering at The Fort Worth Club

The Real Estate Council of Greater Fort Worth wrapped up the year with a Winter White Soiree at The Fort Worth Club. RattikinLaw was proud to be a sponsor and enjoyed spending the evening with colleagues and members of our community.

A special thank you to those who donated unwrapped gifts which will be shared with children across Fort Worth. Wishing you a merry and bright holiday season!

*Photo courtesy of Jess Lopez Photo and Video

Fort Worth Magazine’s 2025 Greater Fort Worth Top Attorneys List

Wed, 10 Dec 2025 18:21:17 GMT

RattikinLaw is honored to be included on this list

We’re honored to be included in Fort Worth Magazine’s 2025 Greater Fort Worth Top Attorneys list. Congratulations to Jeff Rattikin and Tom Turet , recognized in the Real Estate category.

We appreciate our colleagues for their nominations and continued trust.

RattikinLaw offers comprehensive legal services for both real estate and business transactions, tailored to your needs. For a list of our services, click here .

1031 Exchange: Here’s a Frequently Asked Question

readysetgowebsitedesign@gmail.com (Elaine Lambert) — Wed, 03 Dec 2025 18:47:10 GMT

What is the difference between a valid exchange and a sale/reinvestment?

Although it is in some sense a legal fiction, a Section 1031 Tax Deferred Exchange still requires an “exchange” of business or investment property, as opposed to merely a sale of relinquished property and subsequent reinvestment of proceeds into a replacement property.

If the taxpayer “touches” the sales proceeds, either actually or constructively, then it has realized the gain and capital gains tax will be due. As a result, in order to defer tax on the profit from a qualifying real estate sale, a taxpayer must structure a sale and purchase in strict compliance with the provisions of Section 1031 and its regulations to ensure that the transaction is viewed as an “exchange” rather than a “sale/reinvestment.” The services of a Qualified Intermediary in preparing the requisite exchange documents and handling the net proceeds during the interim period between a sale and subsequent purchase will facilitate a successful exchange transaction.

Rattikin Exchange Services, Inc. has assisted local, regional and national clients in Section 1031 Exchanges for over 30 years, making it one of the oldest and most prestigious exchange firms in the State of Texas. For more information on our Section 1031 Tax Deferred Exchange services, feel free to reach out to our founder, attorney Jeff Rattikin at rattikin@rattikinlaw.com.

Happy Thanksgiving

Wed, 26 Nov 2025 16:59:04 GMT

At RattikinLaw, we're so grateful for the many blessings bestowed upon us ...

This season reminds us how thankful we are for the people we serve. From all of us at RattikinLaw, we wish you and your family a Happy Thanksgiving.

Our office will close at 3 p.m. on Wednesday and will be closed Thursday and Friday in observance of the holiday.

A Brief History of RattikinLaw

Wed, 19 Nov 2025 18:53:15 GMT

From humble beginnings to a trusted partner in real estate, business, and estate planning, here’s a look at how our firm has grown …

▪️Jack Rattikin, Sr. – The Pioneer (1916–1960s)

Jack Rattikin, Sr. began practicing law in 1916 and quickly developed a passion for real estate and land records. By the 1920s, he was helping lead the charge to establish the title insurance industry in Texas alongside industry pioneer Maco Stewart.

Jack Sr. played a large role in introducing the concept of title insurance to Texas by opening title offices across the state.

Despite the challenges of the Great Depression, Jack Sr. launched his own law office and title company—eventually growing it into one of the largest independent title agencies in the nation.

▪️Jack Rattikin, Jr. – Carrying the Torch (1968–1990s)

In 1968, Jack Rattikin, Jr. took the reins of both the law firm and title company. A respected leader in the real estate legal field, Jack Jr. earned numerous lifetime achievement awards for his contributions to title insurance and real estate law, not just in Texas -- but nationwide.

Through his leadership within both the Texas and American Land Title Associations (serving as President of each, like his father and son Jack III, the first three-generation family leading both organizations), Jack Jr. helped position the title industry as a vital component in the safety and security of real estate ownership, paving the way for tremendous economic growth and igniting the American Dream for families across America.

▪️Jeffrey A. Rattikin – Innovation & Expansion (1993–Present)

In 1993, Jeffrey A. Rattikin joined the family firm with a vision for expanding beyond traditional title services. Under Jeff’s leadership, the firm embraced innovation and carved out new niches:

Strategic Expansions Under Jeff’s Leadership

• Boutique Closing Services – Serving select residential and commercial clients

• 1031 Exchanges – National leader in tax-deferred exchanges, now operating three dedicated companies

• TexasLegalDocs.com – A first-of-its-kind online platform delivering secure, attorney-prepared real estate documents across Texas

Today, RattikinLaw pairs its long-standing legacy of legal excellence with cutting-edge technology to better serve clients throughout Dallas–Fort Worth and across Texas. How can we help you? Call 817-737-7701

Buying or Selling a Home in a Distressed Market: Shortcuts Can Only Lead to More Trouble

Thu, 13 Nov 2025 18:46:15 GMT

In today’s economic environment, traditional residential real estate transactions have become increasingly difficult.

The difficulties are due to high interest rates, lingering inflation, low supply and tighter lending standards. As a result, sellers and buyers are often investigating alternative methods to buy and sell homes without bank financing. While this may seem like a practical solution for both parties, these informal arrangements carry significant legal and financial risks.

Common structures used in these situations include contracts for deed, lease purchase agreements, and seller-financed transfers. Under contracts for deed and lease purchase arrangements, no legal ownership transfers until the purchase price is paid in full. This leaves the buyer vulnerable to unscrupulous sellers who may default on existing mortgages, sellers who die prior to conveying legal title, and potential liens filed against the property. Such arrangements are also subject to strict state regulations, may potentially violate “due on sale” provisions of existing mortgages, and in some cases be legally void on their face. Added complications related to existing tax and insurance accounts often result in the parties navigating far more issues than they initially considered.

A slightly safer but still risky alternative involves the seller transferring ownership to the buyer immediately, with the buyer signing a note and deed of trust back to the seller. Often called a “seller-financed” transaction, or a “wraparound mortgage”, this structure gives the buyer immediate legal ownership of the property, but it doesn’t eliminate the danger of foreclosure if the original seller fails to timely pay their existing loan, and may still violate the “due on sale” provisions of that mortgage.

The best solution? Find a buyer who can qualify for their own loan and pay off the existing mortgage at closing. Short of that, sellers and buyers in difficult present situations should be extremely cautious in entering into any of the above real estate structures. If you’re thinking about a shortcut, contact Jeff Rattikin and let’s take another look. You can reach him at rattikin@rattikinlaw.com.

Life Estate, Rights of Survivorship, and Transfer on Death Deeds: What is Right for You?

Wed, 05 Nov 2025 17:02:08 GMT

Clients often ask us advice on the best strategy to handle real estate assets of an owner facing the end of life. Of course there is no “one size fits all” solution, but here are some possible solutions ...

No conveyance – If a property owner dies while still holding title to the real estate, then title will pass either to the beneficiaries of the last will and testament, if there is one, or by operation of Texas law (intestate succession). While the probate process in Texas is not relatively expensive, many parties mistakenly assume probate should be avoided, and search for other mechanisms. Moreover, passing away without naming beneficiaries in a valid will leads to all kinds of complexities and unforeseen/unintended future ownership consequences.

Present Conveyance – The present conveyance by warranty deed would serve to immediately transfer title to the grantee; the property would no longer be owned by the grantor. As such, the property may lose certain valuable tax exemptions (such as homestead and over-65 exemptions), and the grantor could no longer legally control the future of the property. Since the deal is done, the grantor cannot later change his or her mind and leave the property to some other loved one or beneficiary. The grantees would also lose the all important “step up in basis” capital gains tax benefit upon future sale.

Life Estate Deed, or a Deed Reserving a Life Estate – Under this type of instrument, a property owner may presently convey the property to his/her intended beneficiaries but reserve the right to continue living on the property until death. This option serves to avoid future probate upon death (at least as to the real estate), give the intended beneficiary some peace of mind that they have secured title to the property, but allows the grantor to retain possession, along with any tax exemptions they may qualify for in most counties. The drawback is that in conveying title now, the grantor cannot change their mind and “undo” the transaction later without the consent of the beneficiaries, and a loss of the step up in basis benefit.

Joint Tenancy with Right of Survivorship – Under this mechanism, an owner may add another person to the title, and allow the survivor of either owner to take full title upon death of the other without the need for probate. But not all title companies will insure properties subject to these type deeds without involvement of the probate court, and again, the grantor cannot change their mind and “undo” the transaction later without the consent of the grantee. Further, the amount of tax exemptions may be reduced due to the addition of another owner, who may not qualify for the same exemptions.

Transfer on Death Deed – This new type of deed allows a present property owner to convey an interest now to an intended beneficiary and thereby avoid probate upon their death; but in the meantime, the grantor can continue to occupy the property, qualify for present tax exemptions, and even change their mind and rescind (cancel) the deed at any time prior to death. The grantor may also sell their property and keep the proceeds without the joinder of the grantee. Because of the increased flexibility this instrument affords, the Transfer on Death Deed should prove to be a very popular instrument in Texas, one that families should consider as part of their overall estate planning efforts.

At RattikinLaw, we appreciate the opportunity to assist you and your family. If you have any questions regarding the transfer of a real estate title, please email Jeff Rattikin at rattikin@rattikinlaw.com .

RattikinLaw Offers Escrow Services

Wed, 29 Oct 2025 17:16:41 GMT

When money or documents need to be held securely during a transaction, we offer trusted escrow services for real estate and business clients across Texas.

As a neutral third party, we ensure that funds and paperwork are protected until all agreed-upon conditions are met.

Why It Matters

Escrow protects buyers, sellers, and lenders by holding funds securely
A neutral party ensures no one acts prematurely or without proper documentation
Legal oversight helps prevent disputes or delays during complex transactions
Confidence in the process builds smoother closings and stronger relationships

What We Offer

RattikinLaw provides professional escrow services for:

Real estate purchases and sales (residential and commercial)
Business acquisitions and asset transfers
1031 exchanges (in coordination with our exchange companies)
Construction holdbacks or conditional fund releases
Document safekeeping for pre-closing agreements

We act as the trusted middle ground protecting your funds and your peace of mind. Questions? Email Jeff Rattikin at rattikin@rattikinlaw.com .

Fort Worth's State of the City

Wed, 22 Oct 2025 15:59:46 GMT

If we hold on to our spirit of unity, Fort Worth will continue to set an example for communities across Texas — and the nation.

Last week, we attended the State of the City address at Dickies Arena and left inspired by the optimism and confidence in Fort Worth’s future. Our city is clearly well-positioned for continued growth and greatness.

I was also struck by a recent Fort Worth, Inc. article by Councilman Michael Crain, titled “ Let Fort Worth Be the Example of What America Needs Most: Unity and Civility .” His message was a powerful reminder that what unites us is far greater than what divides us.

If we hold on to our spirit of unity, Fort Worth will continue to set an example for communities across Texas — and the nation.

Wills, Powers of Attorney, and Other Estate Planning Documents

Wed, 15 Oct 2025 18:12:59 GMT

RattikinLaw is the pre-eminent source for

cost-effective, customized estate planning documents

At RattikinLaw, we ensure individuals have trusted representatives for their personal and financial matters if incapacitated, that medical professionals follow their wishes in emergencies, and that assets are distributed according to their desires after death.

Essential documents include a Will, Statutory Durable Power of Attorney, Medical Power of Attorney, HIPAA Authorization, Directive to Physicians, Declaration of Guardian, and Designation of Guardian for Minor Children.

Because of our experience, individuals can feel secure in having a comprehensive estate plan prepared by a leading law firm at a competitive price. Please don't put this off any longer. Your questions are welcome. Email Jeff Rattikin at rattikin@rattikinlaw.com.

Legal Documents Shouldn’t Feel Like a Trap

Wed, 08 Oct 2025 18:12:57 GMT

At RattikinLaw, we help clients understand exactly what they’re signing by providing clear, thorough reviews of contracts, agreements, and closing paperwork.

Why It Matters

Legal jargon can hide obligations or risks. We help uncover them
Online or third-party documents are often incomplete or poorly worded
Title companies and lenders sometimes need clarification or revisions to protect all parties
A quick review now can prevent costly problems later

What We Offer

We provide expert legal analysis and practical advice on:

Real estate contracts and closing documents
Business agreements and commercial leases
Title and loan documentation (including third-party forms)
Deeds, easements, and amendments
Dispute-prone clauses or unclear language
Communication with title companies or other parties when needed

Our three-step process ensures peace of mind:

Evaluation: We analyze your documents in the context of your goals
Expertise: We provide guidance, revisions, or next steps
Execution: We help coordinate any necessary changes with relevant parties

Whether you're an individual buyer, seller, business owner, or lender, we make sure every document is complete, accurate, and working in your favor.

Tell us about your situation. We’ll have you send us the document. We’ll evaluate it then send you a fee proposal with no charge until you agree to proceed. Contact Jeff Rattikin at rattikin@rattikinlaw.com to get started.

Five Points: Property Ownership During and After Divorce

Wed, 01 Oct 2025 17:23:50 GMT

Real estate transactions during, or resulting from, a pending divorce often involve high emotions, strained communications and unreliable cooperation between necessary parties.

A basic understanding of legal requirements in transferring title to a property in accordance with the couple’s negotiated agreement should help alleviate some anxiety as the transaction nears closing.

Property obtained during marriage is presumed to be community property, belonging to both spouses absent strict proof otherwise
Due to community property rules, if one spouse buys a property prior to the finalization of the divorce, the other spouse may be required to join in the transaction
A change in ownership due to divorce must be reflected in the real property records, either by filing a warranty deed of record, or the actual divorce decree, properly worded
Separate property of one spouse may still be subject to monetary claims of other spouse, or split by the judge
An agreement whereby one spouse retains sole ownership of a property must include proper owelty language to ensure future enforceability and financial flexibility

Whether buying, selling or retaining the family home or other property, a married person or couple finding themselves in the midst of a divorce are often besieged by unexpected issues, emotions and ramifications connected to the transaction.

At RattikinLaw, we understand the difficulties tied to this type of event. If we can be of assistance, please email Jeff Rattikin at rattikin@rattikinlaw.com .

Need Help with Your 1031 Exchange?

Wed, 24 Sep 2025 17:42:17 GMT

At RattikinLaw, we have seen the Section 1031 Tax Deferred Exchange become increasingly popular for real estate investors.

Through our dedicated exchange entity Rattikin Exchange Services, Inc., we offer qualified intermediary services for property owners interested in reinvesting proceeds from the sale of business or investment property into other property while deferring payment of capital gains taxes.

Using a streamlined process to promptly respond to client needs, we’ve been handling 1031 exchanges on a local, state, and national level for over 30 years.

For more information on our Section 1031 Tax Deferred Exchange services, please call us at 817-737-7701.

Five Points: Warranty Deed or Quitclaim Deed? It's Not Even Close

Wed, 17 Sep 2025 17:38:47 GMT

How do Texans effectively transfer real estate ownership from one to another?

When conveying property title in Texas, the content and structure of a properly written, signed and notarized agreement is of utmost importance. But what form of agreement is needed? When choosing between a Warranty Deed or a Quitclaim Deed, consider the following:

Warranty Deeds are the preferred instrument to convey title to real estate
General warranty deeds contain expansive warranties of title
Special warranty deeds are limited in nature, providing lesser protection from claims
Special warranty deeds should be accepted only if backed by adequate title insurance protection
Quitclaim Deeds are not acceptable conveyances in most instances; they merely “release” claim of title

If the goal is to simply transfer property title, either in whole or in part, from one or more parties to another, without the necessity of contracts, closing statements, mortgage payoffs, title insurance, etc., then that goal may be accomplished with a warranty deed.

Examples may be a transfer between former spouses during/after divorce, a gift of property from one to another, or a transaction where the parties are familiar with each other and just need the legal documentation to evidence the transfer.

Warranty deeds typically come in two different flavors: general warranty deeds and special warranty deeds. We can explain when to use one over the other.

And now to the quite popular but oh-so-troublesome Quitclaim Deed (often mistakenly referred to as a “quick-claim” deed”). In Texas, quitclaim deeds should be avoided in all situations. Why? Because contrary to long-held beliefs that they serve to transfer title, in actuality, they fall short of that goal. Rather than “conveying” title from one owner to another, they merely “release any claim” to a property in favor of another.

If you need to transfer real estate ownership from one party to another, and you want to make sure you’re crossing the t’s and dotting the i’s, contact Jeff Rattikin at rattikin@rattikinlaw.com and he’ll get you taken care of.

Our Areas of Expertise

Thu, 11 Sep 2025 19:32:51 GMT

Our areas of expertise include real estate, business, estate planning, and 1031 exchange services

RattikinLaw is synonymous with commercial and residential real estate law in the State of Texas. Our firm continues a tradition of providing the most professional, ethical, and up-to-date legal services available in the industry. In response to the growing needs of our clients, the firm has expanded its areas of practice to include a broad range of real estate, business, estate planning, and 1031 exchange services.

We welcome the opportunity to assist you with your legal needs. Questions? Contact Jeff Rattikin at rattikin@rattikinlaw.com.

Happy Labor Day

Fri, 29 Aug 2025 15:08:18 GMT

Wishing You a Safe Holiday Weekend

Over this long holiday weekend, we honor the hard work, dedication and determination that keep our communities strong. Wishing you a safe and relaxing Labor Day!

Our office will close at 3pm today and we’ll reopen at 8:30am on Tuesday.

Are Affidavits of Heirship an Alternative to Probate?

Wed, 13 Aug 2025 18:16:21 GMT

The answer is maybe. Read on ...

RattikinLaw receives a large number of inquiries regarding alternatives to probate. Many heirs question whether an Affidavit of Heirship may be used in lieu of probating a will to pass title to real estate. The answer is maybe.

• If the beneficiary of the will is the exact same person or persons as the heir who would inherit the property under Texas intestate law (which would apply in situations where there was no will, or no will was probated in four years), then an Affidavit of Heirship can be used.

• If the will leaves assets to a person or entity different than the heir who would inherit the property under Texas intestate law, then an Affidavit of Heirship cannot be used.

• If an owner of real property passes away without a will, or if the heirs do not probate an existing will within four years after death, the Texas intestacy laws determine the identity of the legal heirs of the decedent (the deceased person). In order for the real property records to reflect the new owners of the property resulting from the decedent’s death, it is necessary to file an Affidavit of Heirship of record.

• Affidavits of Heirship must be signed by in front of a notary public by three persons who are familiar with the facts surrounding the birth, life, family history and death of the decedent. One of those signers may be an heir; however, the other two signers need to be disinterested parties that will not inherit any assets of the decedent (such as friends, neighbors, clergy or distant relatives).

• In Texas, the probate process is not overly expensive or time-consuming, and may be beneficial for specific assets other than real estate.

We strive to offer solutions that are as simple as possible, but there are several steps that must be followed for this alternative. If you have any questions regarding the use of an Affidavit of Heirship in lieu of probating a will, please give us a call. We appreciate the opportunity to assist you and your family in clearing up title to your real estate assets. Questions? Contact Jeff Rattikin at rattikin@rattikinlaw.com.

Five Points: What is a Series LLC?

Wed, 06 Aug 2025 17:21:55 GMT

We have seen the popularity of a Series LLC grow among property owners and developers. So what is it?

A Texas Series LLC is a Limited Liability Company that has the ability to create one or more sub-series within a single LLC structure. If you’re still thinking meh, how about this: a Series LLC is a type of LLC that provides tax benefits and legal protections to multiple divisions of a single LLC, while also shielding each individual division from the liabilities of other divisions and the parent LLC. (Did we just set a record for the use of LLC in a post? But wait, there's more!)

Five Pros:

• Limits exposure of LLC & all the assets owned by the LLC

• Pass-through taxation like a regular LLC

• All the personal liability protections of a regular LLC

• No additional setup costs above the regular LLC

• No downside of opting-in to be a Series LLC

We have seen the popularity of a Series LLC grow among property owners and developers. Interested in learning more? Give RattikinLaw a call if you’d like us to evaluate whether a Series LLC might be the right structure for your real estate investment goals. 817.737.7701

FAQ Regarding 1031 Exchange

Wed, 30 Jul 2025 17:40:40 GMT

What is the difference between a valid exchange and a sale/reinvestment?

RattikinLaw's Services

kelly@smallmindedmedia.com (Kelly Webster) — Wed, 23 Jul 2025 16:52:26 GMT

An overview of our services

RattikinLaw Fort Worth is proud to deliver accurate, professional and cost-effective legal services with an emphasis on commercial and residential real estate and business law.

Contracts of Sale
Warranty Deeds
Loan Documentation, including promissory notes, deed of trust mortgages and modification agreements
Commercial and Residential Closings
Commercial and Residential Leases
Easements
Boundary Line Agreements
Construction Documents
Corporate and Partnership Documentation
Development Agreements
Releases of Lien
Restrictive Covenants
Sales of Business
1031 Exchange Transactions

For more specifics on our services, click here: https://www.rattikinlaw.com/real-estate-legal-services

Questions? Need more info? Please contact Attorney Jeff Rattikin at jrattikin@rattikinlaw.com . We look forward to working with you!

Jeff Rattikin Named Top Real Estate Attorney

kelly@smallmindedmedia.com (Kelly Webster) — Wed, 16 Jul 2025 16:59:38 GMT

360 West Magazine Names Top Attorneys in Tarrant County

Jeff Rattikin is honored to be named a 360 West Top Real Estate Attorney in 2025. This list is peer-nominated and we’d like to thank the legal community for their recognition and trust.

At RattikinLaw, we offer a full range of legal services to support your real estate and business transactions, tailored to meet your specific needs. Click on Our Services for more information.

Forming a Business Entity

Mon, 30 Jun 2025 15:09:50 GMT

The importance of forming a business entity separate from yourself cannot be overestimated.

If an individual desires to pursue a business or investment, they are well advised to take advantage of the important protections and tax benefits afforded through the establishment of a business entity.

The type of entity to be formed depends on a number of factors.

Put simply, forming a separate entity typically provides a business owner protection from 1) individual liability, and 2) double taxation.

What type of entity is right for you?

Sole Proprietorship
General Partnership
Limited Partnership
C-Corp
S-Corp
LLC

In addition to choosing the right entity, it is vitally important that the entity formation documents be completed fully and completely.

Many online services only produce the filing form, without the accompanying operational documents. Not producing a full set of documents can and will expose a business owner to some uninvited risks.

This is a very important decision for business owners and RattikinLaw can walk you through each option and discuss the pros/cons.

Questions? Want to make an appointment? You can reach Jeff at rattikin@rattikinlaw.com

Tenant Evictions – a Time-Consuming Process

Mon, 30 Jun 2025 15:02:41 GMT

If you are faced with the need to evict a tenant, you should know the process must be undertaken in strict adherence to the Texas statutes and may take longer than expected.

If a tenant knows how to play the game, they could stretch out the ordeal for well over three months before possession is finally obtained.

The job of a landlord is never easy, but perhaps the most difficult task most landlords face is retaking possession of a property after a tenant default or lease expiration. The Texas statutes are very precise in outlining the requirements an evicting landlord must follow:

A landlord must first properly terminate the right to possession in accordance with the terms of the lease and then send a three-day written notice of termination before an eviction suit can be filed.
Once an eviction suit is filed in the appropriate court, a minimum of six days must pass before a hearing is held.
Assuming the landlord is successful at the hearing, a judge will not issue a writ of possession until five additional days expire, during which the tenant may appeal.
And after the writ is finally issued, a constable will post an eviction notice on the premises, giving typically three more days before a locksmith and moving crews can show up to physically remove the inhabitants and belongings.

All in all, an eviction will take a minimum of 20 days or so after lease termination, and if an appeal is filed, the process can be extended for months. Ultimately, a landlord will often retake possession from an extremely agitated and disgruntled tenant, who may vacate the property in less than pristine condition.

A prudent property owner should understand the inherent risks involved with rental property and conduct appropriate credit checks and due diligence on any prospective tenant before agreeing to turn over possession to such a valuable asset.

Questions? Contact Jeff Rattikin with any questions at rattikin@rattikinlaw.com .

We Can Help with Your 1031 Exchange

Mon, 30 Jun 2025 14:58:51 GMT

At RattikinLaw, we have seen the Section 1031 Tax Deferred Exchange become increasingly popular for real estate investors.

We offer qualified intermediary services for property owners interested in reinvesting proceeds from the sale of business or investment property into other property while deferring payment of capital gains taxes.

Using a streamlined process to promptly respond to client needs, our firm has participated in hundreds of exchanges involving hundreds of millions of dollars.

For more information on our Section 1031 Tax Deferred Exchange services, please call us at 817-737-7701 .

Wills, Powers of Attorney, and Other Estate Planning Documents

Thu, 26 Jun 2025 22:17:17 GMT

RattikinLaw is the pre-eminent source for cost-effective, customized estate planning documents.

We ensure individuals have trusted representatives for their personal and financial matters if incapacitated, that medical professionals follow their wishes in emergencies, and that assets are distributed according to their desires after death.

Home Sales and Existing Leases: What Buyers Should Know

Thu, 26 Jun 2025 21:54:29 GMT

Some home sales involve properties already leased to tenants.

Buyers often assume the lease ends at closing -- but that’s incorrect. A valid lease, written or oral, survives the sale, and the buyer becomes the new landlord, inheriting both the rent and the landlord’s obligations.

Buyers should carefully review lease terms before closing. Key questions include:

What is the remaining term of the lease?
How much is rent?
Who’s responsible for maintenance?
Is rent prepaid?
Are tenants current?
Has the landlord agreed to make certain repairs?

Surprises like a year’s prepaid rent or a roof the seller promised to replace can create headaches.

rattikin-exchange

Alert: New Law for Residential Property Owners

Residential real estate owners should expect some onerous new requirements anytime they convey residential real estate, even to their own entity.

1031 Exchange and Mineral Rights

Did you know mineral interests can be bought and sold as part of a 1031 tax-deferred exchange?

Honoring Jack Rattikin III

We wish to honor the life of Jeff Rattikin’s brother, Jack Rattikin III, who passed away peacefully on February 9, 2026.

RattikinLaw Nominated as a DFW Favorite Law Firm

Our sincere thanks to our clients, colleagues, and community for the trust and support that made this possible.

Need a Real Estate Attorney in Fort Worth?

RattikinLaw Fort Worth is proud to deliver accurate, professional and cost-effective legal services with an emphasis on commercial and residential real estate, and business law

We're a Proud Sponsor of the FWSSR Calf Scramble

For the last 16 years, RattikinLaw has been a proud sponsor of the Fort Worth Stock Show & Rodeo Calf Scramble

Congratulations to Stine Wicks

We’re pleased to announce that in addition to her role as Controller, Stine Wicks has been named Managing Director of RattikinLaw and Rattikin Exchange Services of Fort Worth.

Need Help with Real Estate Closings?

Why It Matters

What We Offer

Home Sales and Existing Leases: What Buyers Should Know

Some home sales involve properties already leased to tenants. Buyers often assume the lease ends at closing -- but that’s incorrect ...

Did You Make a New Year’s Resolution to Get Your Estate in Order?

If you did, that’s terrific. Planning for the future means protecting what matters most ...

Why It Matters

What We Offer

Not Sure What You Need?

Happy New Year

Hello, New Year!

Happy Holidays

This Christmas season, we are grateful for the relationships that make our work meaningful.

RattikinLaw Sponsors Winter White Soiree in Fort Worth

The Real Estate Council of Greater Fort Worth wrapped up 2025 with a holiday gathering at The Fort Worth Club

Fort Worth Magazine’s 2025 Greater Fort Worth Top Attorneys List

RattikinLaw is honored to be included on this list

1031 Exchange: Here’s a Frequently Asked Question

What is the difference between a valid exchange and a sale/reinvestment?

Happy Thanksgiving

At RattikinLaw, we're so grateful for the many blessings bestowed upon us ...

A Brief History of RattikinLaw

From humble beginnings to a trusted partner in real estate, business, and estate planning, here’s a look at how our firm has grown …

Buying or Selling a Home in a Distressed Market: Shortcuts Can Only Lead to More Trouble

In today’s economic environment, traditional residential real estate transactions have become increasingly difficult.

Life Estate, Rights of Survivorship, and Transfer on Death Deeds: What is Right for You?

RattikinLaw Offers Escrow Services

When money or documents need to be held securely during a transaction, we offer trusted escrow services for real estate and business clients across Texas.

Fort Worth's State of the City

If we hold on to our spirit of unity, Fort Worth will continue to set an example for communities across Texas — and the nation.

Wills, Powers of Attorney, and Other Estate Planning Documents

RattikinLaw is the pre-eminent source for

﻿ cost-effective, customized estate planning documents

Legal Documents Shouldn’t Feel Like a Trap

At RattikinLaw, we help clients understand exactly what they’re signing by providing clear, thorough reviews of contracts, agreements, and closing paperwork.

Why It Matters

﻿

What We Offer

Five Points: Property Ownership During and After Divorce

Need Help with Your 1031 Exchange?

At RattikinLaw, we have seen the Section 1031 Tax Deferred Exchange become increasingly popular for real estate investors.

Five Points: Warranty Deed or Quitclaim Deed? It's Not Even Close

How do Texans effectively transfer real estate ownership from one to another?

Our Areas of Expertise

Our areas of expertise include real estate, business, estate planning, and 1031 exchange services

Happy Labor Day

Wishing You a Safe Holiday Weekend

Are Affidavits of Heirship an Alternative to Probate?

The answer is maybe. Read on ...

Five Points: What is a Series LLC?

We have seen the popularity of a Series LLC grow among property owners and developers. So what is it?

FAQ Regarding 1031 Exchange

What is the difference between a valid exchange and a sale/reinvestment?

RattikinLaw's Services

An overview of our services

Jeff Rattikin Named Top Real Estate Attorney

360 West Magazine Names Top Attorneys in Tarrant County

Forming a Business Entity

The importance of forming a business entity separate from yourself cannot be overestimated.

Tenant Evictions – a Time-Consuming Process

If you are faced with the need to evict a tenant, you should know the process must be undertaken in strict adherence to the Texas statutes and may take longer than expected.

We Can Help with Your 1031 Exchange

Wills, Powers of Attorney, and Other Estate Planning Documents

RattikinLaw is the pre-eminent source for cost-effective, customized estate planning documents.

cost-effective, customized estate planning documents