News
 
Varghese Summersett

A living trust in Texas is a legal document that places your assets into a trust during your lifetime and allows those assets to be managed for your benefit while you’re alive — and then smoothly transferred to your chosen beneficiaries after your death. Unlike a will, which goes through probate, a living trust can bypass that process entirely, saving your loved ones time, money, and stress.

In this article, the estate planning attorneys at Varghese Summersett explain living trusts in Texas, including the types available, how they work, and how they can help protect your assets and provide for your loved ones.

How Does a Living Trust Work in Texas?

When you create a living trust, you (the grantor) transfer ownership of your property, such as real estate, bank accounts, investments, or even personal items, into the trust. You name a trustee (often yourself, initially) to manage the trust during your lifetime. You also designate a successor trustee who will take over if you become incapacitated or after your death. This allows your assets to be distributed directly to your beneficiaries without needing court involvement.

Example: If you own a house in Fort Worth and want your daughter to inherit it, placing it in a living trust means she can take ownership quickly after your death — without waiting on probate court proceedings.

Types of Living Trusts in Texas

Types of Living Trusts in Texas

While the term “living trust” often refers to a revocable living trust, Texas law recognizes several forms, each suited to different goals and circumstances. Understanding the distinctions can help you make the right decision for your estate planning needs.

Revocable Living Trust

A revocable living trust allows you to change or revoke the trust at any time. It offers flexibility, but does not shield assets from creditors. This type of trust is commonly used to avoid probate and maintain privacy in the management and distribution of your assets.

Irrevocable Living Trust

An irrevocable living trust cannot be changed or revoked without court approval or beneficiary consent. It offers greater protection from creditors and potential tax advantages. Because the assets are removed from your taxable estate, this type of trust is often used for advanced estate planning strategies.

Testamentary Trust

A testamentary trust is created through your will and becomes active after death. Unlike living trusts, these do go through probate but can still be used to control asset distribution. Testamentary trusts are often used to manage assets for minor children or beneficiaries who may not be ready to handle a large inheritance.

Special Needs Trust

A special needs trust preserves a disabled beneficiary’s eligibility for government benefits while providing supplemental financial support. This type of trust is carefully structured to avoid disqualifying the beneficiary from essential aid programs like Medicaid or Supplemental Security Income (SSI), while still enhancing their quality of life.

What is a Living Trust in Texas?

Who Needs a Living Trust in Texas?

A living trust isn’t just for the wealthy. In fact, it can be especially beneficial for:

  • Parents of young children who want to set specific terms for asset distribution
  • Individuals with blended families who need to ensure assets go to biological children
  • Elderly individuals who may become incapacitated and want seamless financial management
  • Business owners who wish to maintain operational continuity
  • High-asset individuals who want to minimize estate taxes and avoid probate
  • Military members who face deployment or high-risk environment and need a reliable plan for managing and transferring assets

Why Create a Living Trust?

There are many reasons why people should create a living trust. They include, but are not limited to:

1. Avoid Probate: Probate in Texas can be a costly and time-consuming court process. A living trust allows assets to be distributed immediately after death, skipping court delays and fees.

2. Maintain Privacy: Unlike a will, which becomes public record during probate, a living trust keeps your financial affairs confidential.

3. Plan for Incapacity: If you become mentally or physically unable to manage your finances, your successor trustee can step in without requiring court intervention.

4. Control Asset Distribution: You can outline specific instructions for when and how your beneficiaries receive their inheritance, whether it’s at a certain age or upon reaching a milestone like graduation.

5. Protect Loved Ones: A living trust can include protective language to help shield beneficiaries from creditors, lawsuits, or even themselves if they lack financial discipline.

What is a Living Trust in Texas?

Common Misconceptions About Living Trusts

Many people delay or avoid estate planning because of persistent myths and misunderstandings. Unfortunately, these misconceptions can lead to unnecessary legal complications, financial burdens, and stress for loved ones. Clearing up the confusion can help more families take timely, proactive steps toward peace of mind.

“Trusts are only for the wealthy.”

This is one of the most common myths. In reality, middle-class families often stand to gain the most from living trusts. They help avoid probate costs, protect young beneficiaries, and provide clear instructions for distributing assets—all of which can preserve family harmony and financial stability.

“I’m too young for a trust.”

Tragedy doesn’t follow a schedule, and neither should your planning. Accidents and medical emergencies can happen at any age. A living trust offers financial and legal protection no matter where you are in life, helping to ensure your wishes are followed and your assets are managed according to your terms.

“I already have a will—why would I need a trust?”

While a will is a key estate planning tool, it must go through probate, which can be time-consuming, public, and costly. A living trust allows your estate to bypass probate entirely and also provides a plan for managing your assets if you become incapacitated — something a will cannot do.

“Trusts are complicated.”

While trusts may seem intimidating at first, the process of creating one can be straightforward with the guidance of a knowledgeable estate planning attorney. A well-drafted trust simplifies matters for your family by outlining your intentions clearly and avoiding unnecessary legal entanglements.

What Happens If You Don’t Have a Living Trust?

Without a living trust, your estate may be subject to:

  • Texas Probate Court, which can delay the distribution of your assets
  • Higher legal and administrative costs
  • Public exposure of your estate and beneficiaries
  • Inflexibility in dealing with sudden incapacity
  • Potential disputes among family members

Assets held solely in your name without proper beneficiary designations will be frozen until the probate process is complete. In Texas, even with a will, this can take months — or longer if contested.

What is a Living Trust in Texas?

Assets Commonly Placed in a Living Trust

Understanding what can (and can’t) go into a trust helps you make the most of this tool. Assets typically included are:

  • Real estate (your home, investment properties, land)
  • Bank accounts (checking, savings, CDs)
  • Investment accounts (brokerage, mutual funds)
  • Business interests (LLC shares, partnerships)
  • Personal property (jewelry, art, firearms)
  • Life insurance policies (when coordinated with a trust-owned policy or pour-over will)

Note: Retirement accounts (like IRAs or 401(k)s) typically stay outside the trust due to tax considerations but can be coordinated with beneficiary designations.

How to Fund a Living Trust in Texas

Creating a trust is just the beginning. Funding it — transferring ownership of your assets — is essential for it to work. Here are the steps to fund a living trust:

  • Retitle assets (e.g., change deed on your home to show trust as owner)
  • Update beneficiary designations for life insurance or retirement accounts
  • Assign personal property using a trust schedule or assignment
  • Open trust bank accounts or retitle existing accounts

Many trusts fail not because of bad drafting — but because they were never properly funded. That’s why the attorneys at Varghese Summersett walk clients through this critical step in detail.

How a Living Trust Fits Into a Broader Estate Plan

A living trust is only one component of a comprehensive estate plan. To truly protect your wishes and family, you should also consider:

  • Last Will and Testament (to catch any assets not in the trust)
  • Durable Power of Attorney (for managing financial affairs if incapacitated)
  • Medical Power of Attorney and Advance Directive (for healthcare decisions)
  • HIPAA Authorization (to grant access to medical records)

Varghese Summersett Attorneys Michael A. Levins and Brent McMullen work closely with clients to build personalized plans that bring all of these elements together.

Can a living trust impact divorce

Can a Living Trust Impact Divorce?

If you are going through a divorce, a living trust may or may not be considered community property depending on when and how it was funded. Assets acquired during marriage and transferred into the trust may be subject to division. However, if the trust was created before the marriage and funded with separate property, it may remain separate under Texas Family Code § 3.001 . It’s crucial to update your trust after divorce to remove your ex-spouse as a beneficiary or trustee, if applicable.

A living trust does not directly influence child custody arrangements, but it can indirectly impact your children’s welfare. For example, if you name a trustee to manage funds for your children, you can ensure financial stability regardless of who is awarded custody. If you pass away while your child is a minor, the trustee can manage the assets in the trust to provide for the child’s health, education, and general needs.

Interested in a Living Trust? Varghese Summersett Can Help

At Varghese Summersett, attorneys Michael A. Levins and Brent McMullen bring decades of combined experience in estate planning and family law to help Texas families craft strategic, personalized living trusts.

Known for his sharp financial acumen, Michael A. Levins advises clients on building estate plans that are both practical and protective. With a finance degree, law degree, and MBA, he is uniquely equipped to address complex family dynamics, asset protection strategies, and long-term wealth preservation goals.

Brent McMullen brings precision and foresight to every living trust he drafts. With extensive experience in estate planning and trust formation, he helps clients establish clear, customized plans that safeguard their assets and ensure a seamless transfer of assets. His detailed approach ensures that each trust reflects the client’s specific wishes, family dynamics, and long-term financial goals.

They can help:

  • Determine whether a revocable or irrevocable trust suits your needs
  • Fund the trust with proper titling of assets
  • Coordinate with wills, powers of attorney, and guardianship designations
  • Update your trust after divorce, remarriage, or major life changes

Start Protecting Your Legacy Today

The attorneys at Varghese Summersett understand the importance of planning for the future. Whether you’re safeguarding your children, avoiding probate, or protecting hard-earned assets, our team will walk you through every step with clarity and care. For your convenience, we have offices in Fort Worth, Dallas and Southlake.

Call 817-203-2220 today to schedule a confidential consultation with Michael A. Levins or Brent McMullen. Let us help you protect your legacy—your way.

knowledge is power

Varghese Summersett

When you’re injured in an accident, you may assume that any insurance coverage you have—health, auto, or otherwise—will take care of your bills without strings attached. But if another party is responsible for your injuries, your insurance company may seek repayment through a process known as subrogation.

In Texas, subrogation in personal injury cases can significantly impact the amount of compensation you receive. In this article, the personal injury attorneys at Varghese Summersett explain subrogation, how it could impact your settlement, and why an experienced attorney is vital in subrogation matters.

Subrogation in Texas Personal Injury Claims

What is Subrogation in Personal Injury Claims in Texas?

Subrogation is a legal right that allows an insurance company to seek reimbursement for money it has paid on your behalf from a third party who is legally responsible for your loss. In the context of a personal injury case, this typically means your insurer wants to be paid back from the compensation you receive—either through a settlement or a court award.

Here’s a common example: Suppose your health insurance pays $15,000 in medical expenses after you’re injured in a car accident. Later, you receive a $100,000 settlement from the at-fault driver’s insurance company. Your health insurer may then assert a subrogation claim to recoup the $15,000 it paid for your treatment.

When an insurance company exercises its right of subrogation, it essentially steps into your shoes to pursue repayment from the person or party that caused the harm—most often the at-fault driver or their insurer. The primary goal is to shift the financial burden back to the responsible party and recover the funds the insurer advanced on your behalf, which may include medical bills, property damage, or other covered losses.

Subrogation can take different forms depending on the circumstances. Sometimes, the insurance company goes directly after the at-fault party or their insurer. However, more commonly, the insurer asserts its subrogation rights against you, the injured party, by placing a lien on your legal recovery. That means when you receive compensation, a portion of it may be earmarked to reimburse your insurance company for the expenses it already paid.

While this process helps ensure that the party at fault ultimately bears the financial responsibility, it can reduce the amount you actually take home from your settlement. That’s why it’s important to understand how subrogation works and how it may impact your personal injury recovery.

How Subrogation Works in Personal Injury Cases

Subrogation in personal injury cases comes into play after you receive medical care and your insurance company pays your bills. If a third party is liable for your injuries, your insurer may notify you of its intent to pursue subrogation. Once you receive compensation from the at-fault party—either through a settlement or court award—your insurer may demand reimbursement for the amount it paid on your behalf.

This is common in:

Subrogation typically occurs behind the scenes, but it can delay the disbursement of your settlement funds if not handled properly. In some cases, your attorney may need to negotiate with the insurer to reduce the reimbursement amount, especially if the total settlement is insufficient to cover all of your damages. Failing to address subrogation claims early in the process can lead to unexpected deductions and complications when it comes time to receive your share of the compensation.

Types of Insurance that May Assert Subrogation

Types of Insurance that May Assert Subrogation Claims

Several types of insurance carriers may have subrogation rights:

  • Health Insurance: Private health insurers often include subrogation clauses in their policies.
  • Auto Insurance: If your policy includes Personal Injury Protection (PIP) or Medical Payments (Med Pay), your auto insurer may seek reimbursement.
  • Workers’ Compensation: If you were injured on the job due to a third party’s negligence, the workers’ comp insurer may subrogate.
  • Government Programs: Medicare, Medicaid, and TRICARE have subrogation rights under federal and state law. These liens must be satisfied before funds can be disbursed.

Subrogation vs. Reimbursemen

Subrogation vs. Reimbursement: What’s the Difference?

While often used interchangeably, subrogation and reimbursement are distinct legal concepts—each with unique implications for personal injury claimants.

Subrogation occurs when your insurance company steps into your legal shoes and asserts a right to recover money from the party responsible for your injuries. In this scenario, the insurer may file a claim or take legal action directly against the at-fault party or their insurer to recoup the amount it paid on your behalf. You are not necessarily involved in the pursuit, but your insurer is acting based on your legal right to recovery.

Reimbursement, on the other hand, typically involves your insurer seeking repayment from you—specifically, from the settlement or court award you receive. Instead of pursuing the at-fault party directly, the insurer asserts a right to be paid back from your financial recovery. This often takes the form of a lien on your personal injury settlement.

In Texas, courts may treat these concepts differently depending on a number of factors, including the language in your insurance policy, the type of insurance plan involved (such as private insurance vs. an ERISA-governed plan), and applicable state or federal laws

Do I Have to Pay My Insurance Company Back?

If your insurer has a valid subrogation clause in your policy, the answer is usually yes. Ignoring a subrogation claim can result in legal action or delays in the release of your settlement funds.

However, the amount owed can often be reduced through negotiation, especially if:

  • Your recovery is limited.
  • You were not made whole.
  • Your attorney assisted in securing the settlement.

How Subrogation May Affect Your Settlement

Subrogation can take a sizeable bite out of your settlement—and if you’re not prepared, the final amount you receive may be much less than you anticipated. When your insurance company asserts a subrogation claim, they are seeking repayment for the benefits they provided during your treatment. This repayment typically comes directly from your personal injury settlement or court award.

Let’s break it down with a simple example:

Settlement Breakdown Example:

  • Total Settlement: $75,000
  • Attorney’s Fees (33%): $25,000
  • Subrogation Lien: $20,000
  • Net to Client: $30,000

In this scenario, although the headline settlement amount is $75,000, your actual take-home amount is only $30,000 after legal fees and the insurer’s lien are paid. That can be a surprising and disappointing outcome for many injury victims who were counting on a larger recovery—especially if the settlement also needs to cover future care, lost wages, or non-economic damages like pain and suffering.

Fortunately, an experienced personal injury attorney can play a crucial role in protecting your recovery. Attorneys often negotiate with insurance companies to reduce subrogation liens, arguing factors such as the extent of the injury, the limited size of the settlement, or the degree to which the insurer benefited from the attorney’s efforts. In many cases, these negotiations can result in substantial reductions, putting more money back in your pocket.

It’s also worth noting that some liens—particularly those from government programs like Medicaid or Medicare—are governed by specific statutes and procedures. These require careful handling to avoid delays or legal complications, making skilled legal representation even more important.

Can Subrogation be Negotiated?

Can Subrogation Claims Be Negotiated?

Yes—subrogation claims can, and often should, be negotiated. In many personal injury cases, your attorney can work to reduce the amount your insurance company seeks to recover, ultimately increasing your net settlement. Several legal doctrines come into play when evaluating and negotiating subrogation claims.

The Made Whole Doctrine (Texas Law)

Under Texas law, the Made Whole Doctrine holds that an insurer generally cannot enforce its subrogation rights unless the injured party has been fully compensated—or “made whole”—for all losses, including medical expenses, lost wages, and pain and suffering. In other words, your insurer typically has to wait its turn until you are completely reimbursed for your damages.

However, there’s an important caveat: this doctrine can be contractually waived. Many insurance policies—especially those governed by federal ERISA law—include language that explicitly overrides the Made Whole Doctrine. If the plan waives this protection, the insurer may be entitled to reimbursement even if you have not been fully compensated.

The Common Fund Doctrine

Another important principle is the Common Fund Doctrine, which may require your insurer to share in the cost of recovering the settlement. If your attorney’s efforts resulted in the financial recovery from which the insurer wants repayment, the insurer may have to reduce its lien by a proportionate share of your legal fees. This ensures that the burden of legal costs isn’t unfairly placed solely on you while the insurer benefits from the outcome.

Bottom Line
Subrogation claims are rarely set in stone. A knowledgeable personal injury attorney can evaluate your case, scrutinize the insurance plan language, and apply these doctrines to negotiate a more favorable resolution—helping you keep more of your settlement where it belongs: in your hands.

What Happens if I Ignore a Subrogation Claim?

Ignoring a subrogation claim is risky and can have serious financial and legal consequences. If you fail to address the claim, the insurance company may file a lawsuit against you to recover the money it paid, potentially dragging you into costly litigation. In some cases, they may delay or block the disbursement of your settlement until the lien is resolved. If the claim involves government benefits—such as Medicare or Medicaid—noncompliance can trigger penalties, interest, or even future benefit denials. Resolving subrogation claims promptly helps protect your recovery and ensures compliance with both legal and contractual obligations.

Tips for Dealing with Subrogation In Personal Injury Cases

Tips for Dealing with Subrogation in Personal Injury Cases

Navigating a personal injury claim is challenging enough without the added layer of subrogation. Yet, understanding and addressing subrogation early in the process is essential to protect your financial recovery. Insurance companies are often quick to assert their rights to reimbursement, and if you’re not careful, a large portion of your settlement could end up going back to your insurer. Fortunately, with proactive steps and the right legal guidance, you can minimize the impact of subrogation on your case.

Here are some key tips to help you manage subrogation effectively:

  • Hire a personal injury attorney early. Subrogation claims can be legally complex and full of fine print. An experienced attorney knows how to interpret insurance policies, apply relevant legal doctrines, and negotiate reductions.
  • Request a copy of your insurance policy. Review it carefully, or have your attorney do so, to identify subrogation clauses or language that waives protections like the Made Whole Doctrine.
  • Keep track of medical bills. Maintain detailed records of all medical expenses paid by you or your insurer. This documentation is crucial for validating or disputing a subrogation lien.
  • Don’t settle without addressing subrogation. Before finalizing any settlement, ensure all subrogation claims have been identified and negotiated. Failing to do so can lead to legal action or withheld funds.

By staying organized, informed, and proactive, you can avoid costly mistakes and reduce the amount you may owe back to your insurer. Partnering with a knowledgeable personal injury attorney ensures that subrogation is handled properly—giving you the best chance of maximizing your settlement and moving forward with peace of mind.

how a texas broken bone lawyer can help

Why a Personal Injury Attorney is Crucial in Subrogation Matters

Subrogation can significantly reduce your final settlement if not properly addressed. That’s why having an experienced personal injury attorney is essential. At Varghese Summersett, we take a strategic, proactive approach to protect your financial recovery. Our attorneys:

  • Carefully analyze insurance policies for subrogation and reimbursement provisions
  • Aggressively negotiate lien reductions with insurers and benefit providers
  • Challenge improper, overstated, or unenforceable subrogation claims
  • Ensure full compliance with Texas and federal laws, including ERISA and Medicaid/Medicare regulations

We’ve helped countless clients maximize their settlements by tackling subrogation issues head-on—before they become costly obstacles.

How Varghese Summersett Can Help

At Varghese Summersett, we understand that every dollar matters after a serious injury. Subrogation isn’t just legal jargon—it’s a critical part of the settlement process that can directly impact your financial future. We don’t just explain how subrogation works—we actively work to minimize its effect on your recovery.

If you’ve been injured and are concerned about how subrogation could affect your case, we’re here to help. Call us today at 817-203-2220 for a free consultation. Our team will fight to ensure you keep as much of your settlement as possible, so you can focus on what truly matters: healing and moving forward.

Hire our personal injury attorneys who do not settle for less.

Varghese Summersett

When you’re injured in an accident, you may assume that any insurance coverage you have—health, auto, or otherwise—will take care of your bills without strings attached. But if another party is responsible for your injuries, your insurance company may seek repayment through a process known as subrogation.

In Texas, subrogation in personal injury cases can significantly impact the amount of compensation you receive. In this article, the personal injury attorneys at Varghese Summersett explain subrogation, how it could impact your settlement, and why an experienced attorney is vital in subrogation matters.

Subrogation in Texas Personal Injury Claims

What is Subrogation in Personal Injury Claims in Texas?

Subrogation is a legal right that allows an insurance company to seek reimbursement for money it has paid on your behalf from a third party who is legally responsible for your loss. In the context of a personal injury case, this typically means your insurer wants to be paid back from the compensation you receive—either through a settlement or a court award.

Here’s a common example: Suppose your health insurance pays $15,000 in medical expenses after you’re injured in a car accident. Later, you receive a $100,000 settlement from the at-fault driver’s insurance company. Your health insurer may then assert a subrogation claim to recoup the $15,000 it paid for your treatment.

When an insurance company exercises its right of subrogation, it essentially steps into your shoes to pursue repayment from the person or party that caused the harm—most often the at-fault driver or their insurer. The primary goal is to shift the financial burden back to the responsible party and recover the funds the insurer advanced on your behalf, which may include medical bills, property damage, or other covered losses.

Subrogation can take different forms depending on the circumstances. Sometimes, the insurance company goes directly after the at-fault party or their insurer. However, more commonly, the insurer asserts its subrogation rights against you, the injured party, by placing a lien on your legal recovery. That means when you receive compensation, a portion of it may be earmarked to reimburse your insurance company for the expenses it already paid.

While this process helps ensure that the party at fault ultimately bears the financial responsibility, it can reduce the amount you actually take home from your settlement. That’s why it’s important to understand how subrogation works and how it may impact your personal injury recovery.

How Subrogation Works in Personal Injury Cases

Subrogation in personal injury cases comes into play after you receive medical care and your insurance company pays your bills. If a third party is liable for your injuries, your insurer may notify you of its intent to pursue subrogation. Once you receive compensation from the at-fault party—either through a settlement or court award—your insurer may demand reimbursement for the amount it paid on your behalf.

This is common in:

Subrogation typically occurs behind the scenes, but it can delay the disbursement of your settlement funds if not handled properly. In some cases, your attorney may need to negotiate with the insurer to reduce the reimbursement amount, especially if the total settlement is insufficient to cover all of your damages. Failing to address subrogation claims early in the process can lead to unexpected deductions and complications when it comes time to receive your share of the compensation.

Types of Insurance that May Assert Subrogation

Types of Insurance that May Assert Subrogation Claims

Several types of insurance carriers may have subrogation rights:

  • Health Insurance: Private health insurers often include subrogation clauses in their policies.
  • Auto Insurance: If your policy includes Personal Injury Protection (PIP) or Medical Payments (Med Pay), your auto insurer may seek reimbursement.
  • Workers’ Compensation: If you were injured on the job due to a third party’s negligence, the workers’ comp insurer may subrogate.
  • Government Programs: Medicare, Medicaid, and TRICARE have subrogation rights under federal and state law. These liens must be satisfied before funds can be disbursed.

Subrogation vs. Reimbursemen

Subrogation vs. Reimbursement: What’s the Difference?

While often used interchangeably, subrogation and reimbursement are distinct legal concepts—each with unique implications for personal injury claimants.

Subrogation occurs when your insurance company steps into your legal shoes and asserts a right to recover money from the party responsible for your injuries. In this scenario, the insurer may file a claim or take legal action directly against the at-fault party or their insurer to recoup the amount it paid on your behalf. You are not necessarily involved in the pursuit, but your insurer is acting based on your legal right to recovery.

Reimbursement, on the other hand, typically involves your insurer seeking repayment from you—specifically, from the settlement or court award you receive. Instead of pursuing the at-fault party directly, the insurer asserts a right to be paid back from your financial recovery. This often takes the form of a lien on your personal injury settlement.

In Texas, courts may treat these concepts differently depending on a number of factors, including the language in your insurance policy, the type of insurance plan involved (such as private insurance vs. an ERISA-governed plan), and applicable state or federal laws

Do I Have to Pay My Insurance Company Back?

If your insurer has a valid subrogation clause in your policy, the answer is usually yes. Ignoring a subrogation claim can result in legal action or delays in the release of your settlement funds.

However, the amount owed can often be reduced through negotiation, especially if:

  • Your recovery is limited.
  • You were not made whole.
  • Your attorney assisted in securing the settlement.

How Subrogation May Affect Your Settlement

Subrogation can take a sizeable bite out of your settlement—and if you’re not prepared, the final amount you receive may be much less than you anticipated. When your insurance company asserts a subrogation claim, they are seeking repayment for the benefits they provided during your treatment. This repayment typically comes directly from your personal injury settlement or court award.

Let’s break it down with a simple example:

Settlement Breakdown Example:

  • Total Settlement: $75,000
  • Attorney’s Fees (33%): $25,000
  • Subrogation Lien: $20,000
  • Net to Client: $30,000

In this scenario, although the headline settlement amount is $75,000, your actual take-home amount is only $30,000 after legal fees and the insurer’s lien are paid. That can be a surprising and disappointing outcome for many injury victims who were counting on a larger recovery—especially if the settlement also needs to cover future care, lost wages, or non-economic damages like pain and suffering.

Fortunately, an experienced personal injury attorney can play a crucial role in protecting your recovery. Attorneys often negotiate with insurance companies to reduce subrogation liens, arguing factors such as the extent of the injury, the limited size of the settlement, or the degree to which the insurer benefited from the attorney’s efforts. In many cases, these negotiations can result in substantial reductions, putting more money back in your pocket.

It’s also worth noting that some liens—particularly those from government programs like Medicaid or Medicare—are governed by specific statutes and procedures. These require careful handling to avoid delays or legal complications, making skilled legal representation even more important.

Can Subrogation be Negotiated?

Can Subrogation Claims Be Negotiated?

Yes—subrogation claims can, and often should, be negotiated. In many personal injury cases, your attorney can work to reduce the amount your insurance company seeks to recover, ultimately increasing your net settlement. Several legal doctrines come into play when evaluating and negotiating subrogation claims.

The Made Whole Doctrine (Texas Law)

Under Texas law, the Made Whole Doctrine holds that an insurer generally cannot enforce its subrogation rights unless the injured party has been fully compensated—or “made whole”—for all losses, including medical expenses, lost wages, and pain and suffering. In other words, your insurer typically has to wait its turn until you are completely reimbursed for your damages.

However, there’s an important caveat: this doctrine can be contractually waived. Many insurance policies—especially those governed by federal ERISA law—include language that explicitly overrides the Made Whole Doctrine. If the plan waives this protection, the insurer may be entitled to reimbursement even if you have not been fully compensated.

The Common Fund Doctrine

Another important principle is the Common Fund Doctrine, which may require your insurer to share in the cost of recovering the settlement. If your attorney’s efforts resulted in the financial recovery from which the insurer wants repayment, the insurer may have to reduce its lien by a proportionate share of your legal fees. This ensures that the burden of legal costs isn’t unfairly placed solely on you while the insurer benefits from the outcome.

Bottom Line
Subrogation claims are rarely set in stone. A knowledgeable personal injury attorney can evaluate your case, scrutinize the insurance plan language, and apply these doctrines to negotiate a more favorable resolution—helping you keep more of your settlement where it belongs: in your hands.

What Happens if I Ignore a Subrogation Claim?

Ignoring a subrogation claim is risky and can have serious financial and legal consequences. If you fail to address the claim, the insurance company may file a lawsuit against you to recover the money it paid, potentially dragging you into costly litigation. In some cases, they may delay or block the disbursement of your settlement until the lien is resolved. If the claim involves government benefits—such as Medicare or Medicaid—noncompliance can trigger penalties, interest, or even future benefit denials. Resolving subrogation claims promptly helps protect your recovery and ensures compliance with both legal and contractual obligations.

Tips for Dealing with Subrogation In Personal Injury Cases

Tips for Dealing with Subrogation in Personal Injury Cases

Navigating a personal injury claim is challenging enough without the added layer of subrogation. Yet, understanding and addressing subrogation early in the process is essential to protect your financial recovery. Insurance companies are often quick to assert their rights to reimbursement, and if you’re not careful, a large portion of your settlement could end up going back to your insurer. Fortunately, with proactive steps and the right legal guidance, you can minimize the impact of subrogation on your case.

Here are some key tips to help you manage subrogation effectively:

  • Hire a personal injury attorney early. Subrogation claims can be legally complex and full of fine print. An experienced attorney knows how to interpret insurance policies, apply relevant legal doctrines, and negotiate reductions.
  • Request a copy of your insurance policy. Review it carefully, or have your attorney do so, to identify subrogation clauses or language that waives protections like the Made Whole Doctrine.
  • Keep track of medical bills. Maintain detailed records of all medical expenses paid by you or your insurer. This documentation is crucial for validating or disputing a subrogation lien.
  • Don’t settle without addressing subrogation. Before finalizing any settlement, ensure all subrogation claims have been identified and negotiated. Failing to do so can lead to legal action or withheld funds.

By staying organized, informed, and proactive, you can avoid costly mistakes and reduce the amount you may owe back to your insurer. Partnering with a knowledgeable personal injury attorney ensures that subrogation is handled properly—giving you the best chance of maximizing your settlement and moving forward with peace of mind.

how a texas broken bone lawyer can help

Why a Personal Injury Attorney is Crucial in Subrogation Matters

Subrogation can significantly reduce your final settlement if not properly addressed. That’s why having an experienced personal injury attorney is essential. At Varghese Summersett, we take a strategic, proactive approach to protect your financial recovery. Our attorneys:

  • Carefully analyze insurance policies for subrogation and reimbursement provisions
  • Aggressively negotiate lien reductions with insurers and benefit providers
  • Challenge improper, overstated, or unenforceable subrogation claims
  • Ensure full compliance with Texas and federal laws, including ERISA and Medicaid/Medicare regulations

We’ve helped countless clients maximize their settlements by tackling subrogation issues head-on—before they become costly obstacles.

How Varghese Summersett Can Help

At Varghese Summersett, we understand that every dollar matters after a serious injury. Subrogation isn’t just legal jargon—it’s a critical part of the settlement process that can directly impact your financial future. We don’t just explain how subrogation works—we actively work to minimize its effect on your recovery.

If you’ve been injured and are concerned about how subrogation could affect your case, we’re here to help. Call us today at 817-203-2220 for a free consultation. Our team will fight to ensure you keep as much of your settlement as possible, so you can focus on what truly matters: healing and moving forward.

Hire our personal injury attorneys who do not settle for less.

Varghese Summersett

On April 2, 2025, a devastating incident during a high school track meet in Frisco left a community in mourning and raised difficult questions about youth violence and the fragile line between rivalry and real-life consequences.

Austin Metcalf, 17, a beloved student-athlete at Frisco Memorial High School, was fatally stabbed in the chest in front of teammates, family members, and spectators. The accused: another 17-year-old student, Karmelo Anthony, from Frisco Centennial High School. The fatal confrontation unfolded under Memorial’s team tent in the stands at Kuykendall Stadium—a place where spirited cheers suddenly turned to chaos and sorrow.

In this article, the experienced criminal defense attorneys at Varghese Summersett break down the tragic events, the criminal charge Anthony is now facing, and the legal defenses that may be raised under Texas law—including the concept of self-defense.

The Track Meet Murder: What Happened?

According to news reports and public documents, Anthony was seated near or under the Memorial High School tent when Metcalf asked him to leave because he didn’t go to their school. The situation escalated when Anthony allegedly became aggressive, reached into his bag, and warned, “Touch me and see what happens.” When Metcalf reportedly either pushed, touched, or grabbed Anthony to make him move, Anthony allegedly pulled out a black knife and stabbed him once in the chest.

Metcalf collapsed in the arms of his twin brother, Hunter Metcalf, who tried desperately to save his life by applying pressure to the wound. CPR was administered by athletic trainers, and EMS rushed him to the hospital, but he was pronounced dead shortly thereafter.

Anthony fled the scene, but was quickly apprehended. In his initial statements to police, he admitted to the stabbing, saying, “I’m not alleged—I did it,” and questioned whether his actions could be considered self-defense.

He is now charged with first-degree murder and is being held in Collin County Jail on a $1 million bond.

Track Meet Murder: A Legal Look at a Tragic Encounter Between Two Texas TeensAustin Metcalf: A Life Lost Too Soon

Austin Metcalf was more than just a student—he was a star athlete and a role model. The 17-year-old linebacker, recently named MVP of his football team, was known for his integrity, leadership, and a 4.0 GPA. He dreamed of playing college football and had a promising future ahead. His death has left the community, especially his twin brother Hunter and his parents Jeff and Meagan Metcalf, utterly heartbroken.

A GoFundMe campaign supporting the Metcalf family has raised hundreds of thousands of dollars, a testament to the widespread grief and support from across Texas and beyond.

Karmelo Anthony: Now the Center of a Legal FirestormKarmelo Anthony

Karmelo Anthony, also 17, was a junior at Frisco Centennial High School. Described by classmates as quiet, he attended the track meet to support his school team, but he did not compete.

Since the incident, his name has become synonymous with a tragic moment that has gripped the Frisco community and ignited debate over intent, provocation, and the right to self-defense. Now facing a first-degree murder charge, Anthony’s fate lies in the hands of the criminal justice system—a sharp and sobering contrast to what should have been an ordinary spring day for two high school students.
murder in texas explained

What Constitutes Murder in Texas?

Under Texas Penal Code § 19.02, a person commits murder if they:

  • Intentionally or knowingly cause the death of another person;
  • Intend to cause serious bodily injury and commit an act clearly dangerous to human life that results in death; or
  • Cause a death while committing or attempting to commit another felony (known as felony murder).

Murder in Texas is classified as a first-degree felony, punishable by 5 to 99 years—or life—in prison, along with a fine of up to $10,000. However, under certain circumstances, the charge may be reduced or reclassified, depending on factors like the defendant’s intent, mental state, and any applicable defenses such as self-defense or sudden passion.

What is Self-Defense in Texas?

Anthony’s legal team issued a public statement acknowledging the tragedy and asserting Anthony’s right to a fair and impartial legal process. It has been suggested that Anthony acted in self-defense, a claim that will be at the heart of the case.

Under Texas Penal Code  9.31 and 9.32, self-defense is justified when:

  • The person reasonably believes force is immediately necessary to protect themselves from another’s use of unlawful force;
  • Deadly force is necessary to prevent death, serious bodily injury, or certain violent crimes;
  • The person did not provoke the incident and was not engaged in criminal activity.

To succeed, Anthony’s legal team must prove that he:

  • Reasonably believed he was in imminent danger;
  • Used proportional force in response;
  • Did not provoke the altercation;
  • Was legally present and not engaged in a crime at the time.

Challenges to the Track Meet Murder Self-Defense Claim

Prosecutors will likely argue that Anthony’s use of a knife—deadly force—against an unarmed teen during a verbal and minor physical dispute was excessive and disproportional. Further complicating the self-defense claim in the track meet murder:

  • Witnesses report that Anthony was the one sitting under Memorial’s tent and may have escalated the confrontation with threatening words.
  • One account suggests Anthony opened his bag first, reached inside, and issued a warning—actions that could be viewed as provocative.
  • Moreover, there is no indication that Metcalf had a weapon or made any overt threats beyond trying to remove Anthony from a restricted area.

Other Possible Legal Outcomes in the Track Meet Murder

While Anthony is currently charged with first-degree murder, Texas law may allow for lesser offenses if supported by evidence including:

  • Manslaughter: Involves recklessly causing death. If Anthony’s lawyers can prove he didn’t intend to kill Austin but acted recklessly in a heated moment, this could reduce the charge.
  • Criminally Negligent Homicide: Applies when death results from negligence rather than intentional or reckless conduct. However, the use of a knife makes this charge less likely.
  • Aggravated Assault with a Deadly Weapon: This charge may apply if Anthony is found to have caused serious bodily injury with a knife but without intent to kill. Since Metcalf died, however, the state opted for a murder charge.

Possible Defenses for the Track Meet Murder

Karmelo Anthony’s legal team may raise several key defenses in the fatal stabbing of Austin Metcalf:

  1. Self-Defense
    Anthony has already suggested that he acted in self-defense after being physically confronted by Metcalf. Under Texas law, the use of deadly force is justified if a person reasonably believes it is immediately necessary to prevent serious harm. His attorneys will argue that he perceived an imminent threat and responded accordingly. However, the prosecution may contend that using a knife against an unarmed teen was excessive and that Anthony may have provoked the encounter.

  2. Lack of Intent
    To secure a murder conviction, prosecutors must prove Anthony acted intentionally or knowingly to cause death. His defense may argue the stabbing was a panicked, impulsive reaction—not a deliberate act—which could support a lesser charge such as manslaughter or aggravated assault.

  3. Sudden Passion
    If convicted of murder, Anthony’s attorneys could seek a reduced sentence by claiming he acted in “sudden passion”—an intense emotional response to provocation. If accepted, this could reduce the charge from a first-degree to a second-degree felony, significantly lowering the potential prison term.

Ultimately, the strongest defenses likely center around self-defense and lack of intent. If convicted, his legal team may seek leniency by presenting sudden passion as a mitigating factor during sentencing.

The Broader Legal and Social Impact

The track meet murder has sparked a media firestorm, polarized public opinion, and generated substantial online misinformation, including fabricated police documents. The Frisco Police Department and FBI are actively investigating these fake posts.

Two crowdfunding campaigns reflect the divided public response. While the Metcalf family’s fundraiser has exceeded a quarter of a million dollars, Anthony’s legal defense fund briefly reached $140,000 before being taken offline.

A Community in Mourning and Uncertainty

As both families prepare for a long legal battle, the Frisco community continues to grieve. For Austin’s family, no legal outcome will bring their son back. For Anthony’s family, the fight for justice and understanding has just begun. The track meet murder case is far from over—and the legal questions it raises will continue to evolve as new facts emerge and court proceedings unfold.

Track Meet Murder: A Legal Look at a Tragic Encounter Between Two Texas Teens

Varghese Summersett

On April 2, 2025, a devastating incident during a high school track meet in Frisco left a community in mourning and raised difficult questions about youth violence and the fragile line between rivalry and real-life consequences.

Austin Metcalf, 17, a student-athlete at Frisco Memorial High School, was fatally stabbed in the chest in front of teammates, family members, and spectators. The accused: Karmelo Anthony, 17, another student-athlete from Frisco Centennial High School. The fatal confrontation unfolded under Memorial’s team tent in the stands at Kuykendall Stadium—a place where spirited cheers suddenly turned to chaos and sorrow.

In this article, the experienced criminal defense attorneys at Varghese Summersett break down the tragic events, the criminal charge Anthony is now facing, and the legal defenses that may be raised under Texas law—including the concept of self-defense. Please take a moment to watch this video by attorney Lisa Herrick.

The Track Meet Murder: What Happened?

According to news reports and public documents, Anthony was seated near or under the Memorial High School tent when Metcalf asked him to leave because he didn’t go to their school. The situation escalated when Anthony allegedly became aggressive, reached into his bag, and warned, “Touch me and see what happens.” When Metcalf reportedly either pushed, touched, or grabbed Anthony to make him move, Anthony allegedly pulled out a black knife and stabbed him once in the chest.

Metcalf collapsed in the arms of his twin brother, Hunter Metcalf, who tried desperately to save his life by applying pressure to the wound. CPR was administered by athletic trainers, and EMS rushed him to the hospital, but he was pronounced dead shortly thereafter.

Anthony fled the scene, but was quickly apprehended. In his initial statements to police at the scene, he admitted to the stabbing, saying, “I’m not alleged—I did it,” and questioned whether his actions could be considered self-defense.

He was charged with first-degree murder and booked into Collin County Jail on a $1 million bond. On Monday, April 14, his bond was reduced to $250,000 after a bond reduction hearing. He was released later that day and was placed on house arrest and is required to wear an ankle monitor and refrain from social media while his case is pending.

The Track Meet Murder: A Legal Look at a Tragic Encounter Between Two Texas TeensAustin Metcalf: A Life Lost Too Soon

Austin Metcalf was more than just a student—he was a star athlete and a role model. The 17-year-old linebacker, recently named MVP of his football team, was known for his integrity, leadership, and a 4.0 GPA. He dreamed of playing college football and had a promising future ahead. His death has left the community, especially his twin brother Hunter and his parents Jeff and Meagan Metcalf, heartbroken.

A GoFundMe campaign supporting the Metcalf family has raised hundreds of thousands of dollars, a testament to the widespread grief and support from across Texas and beyond.

Karmelo Anthony: Now the Center of a Legal FirestormKarmelo Anthony

Karmelo Anthony, also 17, was a junior at Frisco Centennial High School. During his bond reduction hearing,  he was described as a high-achieving student, captain of his football and track teams, and someone who held two part-time jobs.

Since the incident, his name has become synonymous with a tragic moment that has gripped the Frisco community and ignited debate over intent, provocation, and the right to self-defense. Now facing a first-degree murder charge, Anthony’s fate lies in the hands of the criminal justice system—a sharp and sobering contrast to what should have been an ordinary spring day for two high school students.

murder in texas explained

What Constitutes Murder in Texas?

Under Texas Penal Code § 19.02, a person commits murder if they:

  • Intentionally or knowingly cause the death of another person;
  • Intend to cause serious bodily injury and commit an act clearly dangerous to human life that results in death; or
  • Cause a death while committing or attempting to commit another felony (known as felony murder).

Murder in Texas is classified as a first-degree felony, punishable by 5 to 99 years—or life—in prison, along with a fine of up to $10,000. However, under certain circumstances, the charge may be reduced or reclassified, depending on factors like the defendant’s intent, mental state, and any applicable defenses such as self-defense or sudden passion.

What is Self-Defense in Texas?

Anthony’s legal team issued a public statement acknowledging the tragedy and asserting Anthony’s right to a fair and impartial legal process. It has been said that Anthony acted in self-defense, a claim that will be at the heart of the case.

Under Texas Penal Code  9.31 and 9.32, self-defense is justified when:

  • The person reasonably believes force is immediately necessary to protect themselves from another’s use of unlawful force;
  • Deadly force is necessary to prevent death, serious bodily injury, or certain violent crimes;
  • The person did not provoke the incident and was not engaged in criminal activity.

To succeed, Anthony’s legal team must prove that he:

  • Reasonably believed he was in imminent danger;
  • Used proportional force in response;
  • Did not provoke the altercation;
  • Was legally present and not engaged in a crime at the time.

Challenges to the Track Meet Murder Self-Defense Claim

Prosecutors will likely argue that Anthony’s use of a knife—deadly force—against an unarmed teen during a verbal and minor physical dispute was excessive and disproportional. Further complicating the self-defense claim in the track meet murder:

  • Witnesses report that Anthony was the one sitting under Memorial’s tent and may have escalated the confrontation with threatening words.
  • One account suggests Anthony opened his bag first, reached inside, and issued a warning—actions that could be viewed as provocative.
  • Moreover, there is no indication that Metcalf had a weapon or made any overt threats beyond trying to remove Anthony from a restricted area.

Murder vs. Manslaughter vs. Criminally Negligent Homicide

Other Possible Legal Outcomes in the Track Meet Murder

While Anthony is currently charged with first-degree murder, Texas law may allow for lesser offenses if supported by evidence including:

  • Manslaughter: Involves recklessly causing death. If Anthony’s lawyers can prove he didn’t intend to kill Austin but acted recklessly in a heated moment, this could reduce the charge.
  • Criminally Negligent Homicide: Applies when death results from negligence rather than intentional or reckless conduct. However, the use of a knife makes this charge less likely.
  • Aggravated Assault with a Deadly Weapon: This charge may apply if Anthony is found to have caused serious bodily injury with a knife but without intent to kill. Since Metcalf died, however, the state opted for a murder charge.

Possible Defenses for the Track Meet Murder

Karmelo Anthony’s legal team may raise several key defenses in the fatal stabbing of Austin Metcalf:

  1. Self-Defense
    Anthony has already suggested that he acted in self-defense after being physically confronted by Metcalf. Under Texas law, the use of deadly force is justified if a person reasonably believes it is immediately necessary to prevent serious harm. His attorneys will argue that he perceived an imminent threat and responded accordingly.

  2. Lack of Intent
    To secure a murder conviction, prosecutors must prove Anthony acted intentionally or knowingly to cause death. His defense may argue the stabbing was a panicked, impulsive reaction—not a deliberate act—which could support a lesser charge such as manslaughter or aggravated assault.

  3. Sudden Passion
    If convicted of murder, Anthony’s attorneys could seek a reduced sentence by claiming he acted in “sudden passion”— an intense emotional response to provocation. If accepted, this could reduce the charge from a first-degree to a second-degree felony, significantly lowering the potential prison term.

Ultimately, the strongest defenses likely center around self-defense and lack of intent. If convicted, his legal team may seek leniency by presenting sudden passion as a mitigating factor during sentencing.

The Broader Legal and Social Impact

The track meet murder has sparked a media firestorm, polarized public opinion, and generated substantial online misinformation, including fabricated police documents. The Frisco Police Department and FBI are actively investigating these fake posts.

A Community in Mourning and Uncertainty

As both families prepare for a long legal battle, the Frisco community continues to grieve. For Austin’s family, no legal outcome will bring their son back. For Anthony’s family, the fight for justice and understanding has just begun. The track meet murder case is far from over—and the legal questions it raises will continue to evolve as new facts emerge and court proceedings unfold.

The Track Meet Murder: A Legal Look at a Tragic Encounter Between Two Texas Teens

Varghese Summersett

A new bill in the Texas House of Representatives is sparking controversy by proposing significant changes to personal injury law that critics argue would favor insurance companies and large corporations at the expense of everyday Texans who get injured or lose loved ones due to negligence.

Texas House Bill 4806,  and its companion Senate Bill 30, seeks to significantly alter how personal injury claims are handled in the state. The bill, if passed, would implement substantial changes to how damages are calculated, what evidence can be presented in court, and how medical expenses are reimbursed in personal injury cases.

The 24-page proposed legislation has sparked intense debate, with strong opinions on both sides. Proponents argue it will prevent excessive litigation and reduce insurance costs, while opponents claim it will limit personal injury victims’ ability to recover fair compensation and reduce corporate accountability. Critics have also labeled this bill as part of a broader effort to curb so-called “nuclear verdicts” —jury awards that result in exceptionally high damages against defendants.

The personal injury attorneys at Varghese Summersett explain the key provisions of this bill, offer examples of how it harms injury victims, and outline what Texans can do to fight against this legislation.

 

 

Key Provisions of House Bill 4806

1. Restrictions on Medical Expense Recovery

One of the most controversial aspects of HB 4806 is its impact on how medical expenses are calculated in personal injury claims. Under current Texas law, plaintiffs can seek recovery for medical expenses that have been billed, even if they have received reductions or adjustments through insurance or other agreements.

HB 4806 proposes that injury victims should only be able to recover the amount actually paid, rather than the full amount billed by healthcare providers. This change would dramatically reduce the amount plaintiffs can claim in damages, ultimately benefiting insurers and large corporations at the expense of injured Texans. Additionally, it would limit recovery for medical expenses incurred under Letters of Protection (LOPs), which many personal injury victims rely on for medical care.

Further, HB 4806 ties medical expense recovery to a state database, limiting reimbursement to 150% of the median amount paid by non-government third-party payers. This means that individuals who receive treatment at hospitals with higher costs or who lack insurance may face significant financial hardship due to reimbursement limits.

Additionally, failure to use available health insurance could be considered a failure to mitigate damages, meaning victims could be penalized for not using insurance, even if they preferred or were advised to seek care elsewhere.

HB 4806 also eliminates the controverting affidavit, making it easier for insurance companies to dispute medical costs. Instead of requiring a formal affidavit to challenge medical expenses, defendants can now simply file a notice of intent to contest medical charges, making it harder for plaintiffs to prove their damages.

Key Provisions of Texas House Bill 8406

2. Caps on Non-Economic Damages

Texas currently does not cap non-economic damage s for most personal injury claims, except for medical malpractice cases, where a $250,000 cap applies. HB 4806 could extend similar restrictions to general personal injury claims, significantly limiting the compensation available to victims of serious accidents. The bill seeks to introduce or expand caps on damages for pain and suffering, mental anguish, and loss of companionship, making it harder for injured individuals to receive full and fair compensation.

Additionally, the bill proposes new definitions for pain and suffering, requiring plaintiffs to meet a higher burden of proof to recover damages for emotional distress and long-term suffering. It would also redefine “mental or emotional pain or anguish as requiring proof of a “grievous and debilitating” impact on daily life, making it significantly harder for victims to recover fair compensation for psychological trauma.

Texas House Bill 4806 further requires judges to justify non-economic damage awards that exceed certain limits. If a jury awards damages above a predetermined cap, the judge must provide written justification based on past Texas case law, adding another hurdle for plaintiffs seeking fair compensation.

knowledge is power

3. Changes to Admissible Evidence in Court

Currently, plaintiffs can present a full range of evidence to establish the severity of their injuries and the impact on their lives. HB 4806 aims to tighten these rules by limiting what types of medical and financial evidence can be introduced. This could make it more difficult for plaintiffs to prove their case, especially in complex injury claims where future medical expenses and long-term disability are factors.

The bill also limits jury-anchoring, which means attorneys would be prohibited from suggesting specific monetary amounts for damages during trial, making it more challenging for juries to assess fair compensation.

4. Proposed Changes to Liability Standards

Texas follows a modified comparative fault system, where a plaintiff can recover damages if they are 50% or less at fault for an incident. HB 4806 proposes stricter liability rules that would make it harder for injury victims to recover compensation if they are found even slightly at fault for their injuries. This could disproportionately impact victims in car accidents, workplace injuries, and product liability cases, where liability is often contested.

5. Unanimous Jury Requirement for Non-Economic Damages

HB 4806 mandates that jurors must unanimously agree on the amount of non-economic damages awarded in personal injury cases. This is a significant departure from the current rule, which allows verdicts with 10 out of 12 jurors in agreement. By requiring all 12 jurors to agree on non-economic damages, the bill makes it much harder for injured individuals to secure compensation for pain, suffering, and mental anguish.

6. Prejudgment Interest Changes

Under HB 4806, prejudgment interest will only apply to economic damages, and it will only begin accruing from the date medical expenses were actually paid, rather than from the date of injury. This change significantly limits the amount of interest an injured party can recover, further reducing overall compensation.

Supporters vs. Opponents of HB 4806

Who Benefits from Texas House Bill 4806?

Supporters of HB 4806 argue that it is necessary to curb what they perceive as excessive litigation and inflated personal injury settlements. They claim that allowing plaintiffs to recover billed, rather than paid, medical expenses creates an unfair financial burden on insurers and businesses, leading to higher insurance premiums for all Texans.

Additionally, proponents argue that placing reasonable limits on non-economic damages will prevent frivolous lawsuits and ensure that Texas remains a business-friendly state. They believe that excessive personal injury awards drive up healthcare costs and discourage investment in the state’s economy. Here’s who benefits from HB 4806:

  • Insurance Companies: By reducing the amount they are required to pay in claims, insurance providers stand to save millions, increasing their profitability.
  • Large Corporations: Businesses facing liability lawsuits, particularly in industries like construction, manufacturing, and transportation, would benefit from reduced financial exposure.
  • Medical Providers with Insurance Ties: Healthcare entities aligned with insurers may also see indirect benefits, as the bill could discourage high-cost personal injury claims.

Who Opposes House Bill 4806 and Why?

House Bill 4806 faces strong opposition from several groups due to its potential to limit the rights of injury victims. PI victims are among the most affected, as the bill restricts their ability to recover fair compensation for medical expenses and non-economic damages. This shift in financial burden from negligent parties to victims could leave many without adequate support for their injuries or losses. Here’s who opposes HB 4806:

  • Injury Victims: The biggest losers under HB 4806 would be individuals who suffer serious injuries due to negligence. By limiting what they can recover, the bill shifts the financial burden from negligent parties to the victims themselves.
  • Personal Injury Attorneys: Lawyers who fight for injury victims argue that this bill is designed to benefit corporations and insurers at the expense of everyday Texans.
  • Consumer Advocacy Groups: Organizations dedicated to protecting consumer rights believe Texas House Bill 4806 will make it harder for victims to receive fair compensation, allowing negligent parties to escape full accountability.

How HB 4806 Could Impact Injury Victims

  • Example 1: Car Accident Victim
    A driver is hit by a distracted truck driver and incurs $100,000 in medical expenses. Due to insurance adjustments, the actual payment is reduced to $50,000. Under HB 4806, the victim could only claim the $50,000 rather than the full $100,000, leaving them to cover the difference.
  • Example 2: Workplace Injury
    A construction worker falls due to unsafe working conditions and suffers permanent disability. If HB 4806 places stricter limits on non-economic damages, their pain and suffering compensation could be capped, regardless of the lifelong impact of the injury.
  • Example 3: Medical Malpractice Case
    A patient undergoes a surgical procedure and is left with permanent complications due to negligence. If HB 4806 expands caps on non-economic damages beyond existing medical malpractice laws, their ability to recover for pain, suffering, and loss of quality of life could be severely limited.

What Texans Can Do if the Oppose HB 4806

What Texans Can Do if They Oppose House Bill 4806

For those who believe Texas House Bill 4806 unfairly limits injury victims’ rights, there are several ways to take action:

  • Contact State Legislators: Texans can call, write, or email their state representatives to express opposition to the bill and advocate for victims’ rights.
  • Support Advocacy Groups: Organizations such as Texas Watch and the Texas Trial Lawyers Association are actively fighting against laws that limit consumer protections.
  • Attend Public Hearings: If the bill moves forward, public hearings will be held. Attending and providing testimony can help put pressure on lawmakers.
  • Engage on Social Media: Spreading awareness and mobilizing others through social media campaigns can amplify the opposition’s voice.

Varghese Summersett: Advocating for Injury Victims

At Varghese Summersett, we fight tirelessly for injury victims against powerful insurance companies and corporations that attempt to limit their financial liability. HB 4806 is another example of how big business tries to tip the scales against ordinary Texans. Our firm is dedicated to ensuring injury victims receive the full and fair compensation they deserve.

If you or a loved one has been injured due to someone else’s negligence, don’t let unfair laws or insurance tactics stand in your way. Contact Varghese Summersett today at 817-203-2220 for a free consultation, and let us fight for you.

Texas House Bill 4806: How It Hurts Personal Injury Victims

Varghese Summersett

A person’s home is their sanctuary—a place where they’re supposed to feel safe and protected. When that sense of security is shattered by an intruder, the consequences can be severe. Texas law takes home invasions extremely seriously, treating them as violent felonies with some of the harshest penalties in the country.

Texas home invasion charges involve the unlawful entry into a residence with the intent to commit a crime—whether it’s theft, assault, or another felony—while the occupants are inside. These cases fall under Texas Penal Code § 30.02 (burglary of a habitation) and other related statutes. They are often classified as first-degree felonies, meaning a conviction could result in life in prison.

Prosecutors in Texas aggressively pursue home invasion cases, pushing for maximum sentences. A strong legal defense is critical. If you are facing Texas home invasion charges, your future is on the line.

In this article, the experienced criminal defense attorneys at Varghese Summersett explain the law, potential penalties and possible defenses. We defend clients in Dallas, Fort Worth, Houston, and the surrounding areas.

What Constitutes a Home Invasion in Texas?

What Constitutes a Home Invasion in Texas?

Home invasion itself is not a separate charge under Texas law but is prosecuted under multiple criminal statutes, including:

1. Burglary of a Habitation – Texas Penal Code § 30.02

A person commits burglary of a habitation if they enter a home or building without consent and intend to commit a felony, theft, or assault. This is the most common charge in Texas home invasion cases and is classified as:

  • First-degree felony if the intent was to commit a felony other than theft (5 to 99 years in prison, up to $10,000 fine).
  • Second-degree felony if the intent was only theft (2 to 20 years in prison, up to $10,000 fine).

Example: Someone breaks into a home while the residents are inside, intending to assault the homeowner. Even if the assault does not occur, the mere intent results in Texas home invasion charges as a first-degree felony.

2. Aggravated Robbery – Texas Penal Code § 29.03

If an intruder enters a home and commits robbery while using a deadly weapon, causing serious injury, or targeting an elderly or disabled victim, they will face aggravated robbery charges, a first-degree felony.

Example: A masked person breaks into a home, points a gun at the occupants, and demands money. The presence of a firearm escalates the case to aggravated robbery.

3. Aggravated Kidnapping – Texas Penal Code § 20.04

If an intruder enters a home and restrains, abducts, or holds someone hostage, aggravated kidnapping may apply. This is also a first-degree felony, punishable by up to life in prison.

Example: During a home invasion, an intruder ties up a resident to prevent them from calling for help. Even if no further harm occurs, this could lead to Texas home invasion charges under aggravated kidnapping.

Penalties for Home Invasion Charges

 

Penalties for Texas Home Invasion Charges

The penalties for Texas home invasion charges depend on the circumstances, such as whether a weapon was used or if anyone was injured.

Charge Felony Level Potential Sentence
Burglary of a Habitation (with felony intent) First-degree 5 to 99 years in prison, up to $10,000 fine
Burglary of a Habitation (without felony intent) Second-degree 2 to 20 years in prison, up to $10,000 fine
Aggravated Robbery First-degree 5 to 99 years in prison, up to $10,000 fine
Aggravated Kidnapping First-degree 5 to 99 years in prison, up to $10,000 fine

Enhancements That Increase Penalties for Texas Home Invasion Charges

Texas law allows for sentence enhancements in home invasion cases when certain aggravating factors are present. These enhancements can significantly increase the length of a prison sentence or sometimes leading to mandatory minimum sentences.

Use of a Deadly Weapon – Mandatory Minimum Sentences Apply

If a person commits a home invasion while armed with a deadly weapon, Texas law imposes stricter penalties under the Deadly Weapon Finding (DWF). A deadly weapon includes firearms, knives, and any object used in a way that could cause serious injury or death.

  • A deadly weapon finding on a first-degree felony charge means the offender must serve at least half of their sentence before being eligible for parole.
  • If a firearm is used, the prosecution may seek aggravated robbery or capital murder charges if a fatality occurs.

Example:An intruder breaks into a home carrying a gun but does not fire it. Even if no one is injured, prosecutors can still push for a first-degree felony with a deadly weapon enhancement, increasing the minimum time behind bars.

Injury to an Occupant – Leads to Harsher Penalties

If a victim inside the home is injured during the invasion, the penalties increase substantially. Assault, aggravated assault, or even attempted murder charges may be added depending on the severity of the injury.

  • Simple bodily injury (bruises, minor cuts) can escalate the charge to a higher-level felony.
  • Serious bodily injury (broken bones, gunshot wounds, stab wounds) can result in a first-degree felony with a longer prison sentence.
  • If the victim is elderly or disabled, Texas law provides additional protections, and the minimum sentence can increase.

Example: During a home invasion, the intruder pushes the homeowner to the ground, causing a severe head injury. Even if the initial charge was burglary of a habitation, prosecutors can upgrade the charge to aggravated robbery or aggravated assault, increasing the likelihood of a lengthy prison sentence.

Prior Convictions – Repeat Offenders Face Enhanced Sentencing or Life in Prison

Texas is a habitual offender state, meaning repeat felony convictions can lead to enhanced sentencing. If a person has previous felony convictions, they may face:

  • Automatic sentence enhancements (e.g., a second-degree felony upgraded to a first-degree felony).
  • Mandatory minimum sentences (e.g., a first-degree felony with a prior conviction may carry a minimum of 15 years instead of 5).
  • Life in prison for offenders with two prior felony convictions under Texas Penal Code § 12.42(d).

Example: A person previously convicted of burglary is arrested for a second home invasion. Prosecutors may enhance the charge, seeking a longer prison sentence, and if the defendant has two prior felony convictions, a life sentence is possible.

Why Enhancements Matter in Texas Home Invasion Cases

Enhancements can mean the difference between a shorter prison term and spending decades—or life—behind bars. Texas prosecutors aggressively push for enhancements, which is why anyone facing Texas home invasion charges needs a strategic defense immediately.

 

Texas Castle Doctrine

Texas Castle Doctrine: Home Invaders Risk Getting Shot

Texas law strongly protects homeowners under the Castle Doctrine, which allows the use of deadly force against intruders without a duty to retreat. If a person unlawfully enters a home, the law presumes they are a threat, and the homeowner has the right to shoot to defend themselves. Here’s how the Castle Doctrine Could Affect Home Invaders:

  • Homeowners can legally use deadly force to stop an intruder.
  • No legal protection for the intruder—if they are injured or killed, they (or their family) cannot sue the homeowner.
  • Stand Your Ground laws apply—homeowners don’t have to warn or flee before using force.

Example: A homeowner hears a break-in at night, grabs their firearm, and shoots the intruder. Texas law protects the homeowner from criminal liability in most cases.

For those facing Texas home invasion charges, the Castle Doctrine makes defense more difficult—if a homeowner used force, prosecutors may argue the intruder’s presence alone justified the shooting. In Texas, breaking into an occupied home is not just a felony—it can be a death sentence.

Possible Defenses Against Texas Home Invasion Charges

Being arrested does not mean automatic conviction. There are several defense strategies that can challenge Texas home invasion charge including:

1. Lack of Criminal Intent: To convict, prosecutors must prove intent to commit a felony inside the home. If intent is absent, charges may be reduced or dismissed. Example: A person mistakenly enters the wrong home, believing it to be their own. Without intent to commit a crime, burglary charges may not apply.

2. Mistaken Identity: Many Texas home invasion charges arise from mistaken eyewitness identification. Surveillance footage, forensic evidence, and alibi witnesses can disprove identity claims.

3. Consent to Enter: If the accused had permission to be inside the home, burglary charges may be invalid. Example: An invited guest refuses to leave after an argument. Without criminal intent, a home invasion conviction may not stand.

4. Insufficient Evidence: Prosecutors must prove every element of the crime beyond a reasonable doubt. If the evidence is weak, the case can be dismissed.

5. Violation of Constitutional Rights: Illegal searches, unlawful arrests, and coerced confessions can lead to suppressed evidence and case dismissal.

The stakes are high. Hire the best lawyers.

Why Varghese Summersett is the Best Defense for Texas Home Invasion Charges

A home invasion conviction can result in decades behind bars. An experienced criminal defense team can challenge the prosecution’s case, negotiate plea reductions, and, if necessary, take the case to trial.
At Varghese Summersett, we:

  • Examine every piece of evidence to find weaknesses in the prosecution’s case.
  • File suppression motions if police violated your rights.
  • Negotiate with prosecutors for charge reductions or dismissals.
  • Take cases to trial when necessary to fight for your freedom.

Our attorneys have successfully defended clients facing Texas home invasion charges in Fort Worth, Dallas, and Houston.

What to Do If You’re Facing Texas Home Invasion Charges

If you have been accused a home invasion offense, it’s imperative that you take the following steps:

  • Do Not Talk to Police – Anything you say can be used against you. Tell them you want a lawyer and don’t say anything else.
  • Do Not Consent to Searches – Law enforcement must have a warrant.
  • Document Everything – Keep records of your whereabouts and potential alibi witnesses.
  • Call Varghese Summersett Immediately – A strong defense must start as soon as possible.

Contact Varghese Summersett Today

Texas prosecutors aggressively pursue home invasion cases, and a conviction could result in decades in prison. Time is critical. If you are facing Texas home invasion charges, call Varghese Summersett today at 817-203-2220. The sooner we start building your defense, the stronger it will be.

tough cases call for tougher lawyers

Varghese Summersett

A Last Will & Testament in Texas is more than just a piece of paper—it’s one of the most important legal documents you will ever create. It determines who inherits your assets, who oversees your estate, and who will care for your minor children if something happens to you. Without a legally valid will, Texas law dictates how your estate is divided, and the results may not align with your wishes.

Many people mistakenly believe that estate planning is only for the wealthy, but in reality, a will is essential for anyone who owns property, has dependents, or wants to avoid unnecessary legal complications for their loved ones. A well-crafted will provides clarity, control, and peace of mind—ensuring that your hard-earned assets go where you intend and not where the government dictates.

Texas has strict estate laws that impact how property is distributed when someone dies intestate (without a will). Understanding the importance of a Last Will & Testament and working with an experienced estate planning attorney ensures that your estate is protected.

In this article, the attorneys at Varghese Summersett explain the different types of wills, why they are important, what happens if you die without a Last Will & Testament in Texas and how an attorney can help.

What Is a Last Will in Texas

What Is a Last Will & Testament in Texas?

A Last Will & Testament is a legal document that outlines how your assets should be distributed after your death. It allows you to:

  • Name beneficiaries—who will inherit your money, property, and possessions.
  • Appoint an executor—the person responsible for carrying out your wishes and managing your estate.
  • Designate guardians—who will care for your minor children if you pass away.
  • Make charitable donations—ensuring that certain causes or organizations benefit from your estate.
  • Set conditions on inheritances—such as holding assets in a trust for young beneficiaries until they reach a certain age.

A will only becomes effective upon your death. Until then, it can be updated, modified, or revoked at any time. In Texas, wills must meet specific legal requirements, outlined in Chapter 251 of the Texas Estates Code to be considered valid. Without a properly drafted will, your estate will be distributed according to Texas intestacy laws, which may not align with your wishes or your family’s best interests.

Different Types of Wills in Texas

What Are the Different Types of Wills?

Not all wills are created equal. Texas law recognizes several types of wills, each with unique benefits and risks:
1. Formal (Attested) Wills
A formal will is the most legally secure type of will. It is:

  • Typed or written, not oral.
  • Signed by the testator (the person making the will).
  • Witnessed by at least two competent adults who are not beneficiaries.
  • A self-proving affidavit can be added, which means the will doesn’t need additional proof of validity in court—speeding up the probate process.

2. Holographic (Handwritten) Wills
A holographic will is entirely handwritten and signed by the testator without witnesses. While Texas recognizes these wills, they are more vulnerable to legal challenges, as courts must verify authenticity and intent.

3. Joint & Mirror Wills

  • Joint wills: A single will for two people, usually spouses. These can cause issues because they often cannot be changed after one spouse dies.
  • Mirror wills: Two separate wills with identical provisions, commonly used by couples who want their estate to pass in a particular way.4. Living Wills (Directive to Physicians)

4. Living Wills (Directive to Physicians)
A Living Will is not a Last Will & Testament in Texas —it specifies medical preferences in case you become incapacitated, such as whether you want life support.

What Are the Key Requirements for a Valid Will in Texas?

To be legally valid in Texas, a will must meet the following conditions:
✅ The testator must be at least 18 years old, legally married, or in the military.
✅ The testator must be of sound mind when signing the will.
✅ The will must be written (typed or handwritten)—oral wills are no longer valid.
✅ It must be signed by the testator.
✅ It must be witnessed by two competent adults (unless it’s a holographic will).

A self-proving affidavit is strongly recommended, as it speeds up probate and eliminates the need for witness testimony.

Who Needs a Last Will & Testament in Texas

Who Needs a Last Will & Testament in Texas?

Many people assume that wills are only for the elderly or the wealthy, but in reality, a will is essential for anyone who wants control over their assets.
You Need a Will If You:

✔ Own real estate or other valuable assets (home, land, business, stocks).
✔ Have children and want to choose their legal guardian in case of your passing.
✔ Want specific heirs to receive your assets instead of following Texas intestacy laws.
✔ Are unmarried but want a partner to inherit your estate.
✔ Want to prevent family disputes over inheritance.

If you die without a will, your estate may not be divided as you intended.

What Happens If You Die Without a Will in Texas?

If you pass away without a will, your estate is distributed based on Texas intestacy laws, outlined in Chapter 201 of the Texas Estates Code . This often leads to unexpected consequences, such as distant relatives inheriting assets over close friends or partners.
1. If You Are Married
Your community property usually goes to your spouse, but separate property may be split between your spouse and children.
If you have children from a previous relationship, your spouse does not automatically inherit everything.

2. If You Are Single with Children
Your children inherit everything equally. If a child is a minor, the court chooses a guardian to manage their inheritance.

3. If You Are Single with No Children
Your parents, siblings, or extended relatives inherit your estate—even if you intended for a friend or charity to receive your assets.

4. If No Heirs Exist
Your assets escheat to the State of Texas, meaning the government takes them.
Having a valid will ensures your estate goes to the people and causes you care about—not to unintended heirs or the state.

Can you change or revoke a will

Can You Change or Revoke a Will in Texas?

Yes, a Last Will & Testament in Texas can be changed or revoked at any time before your death, as long as you are mentally competent. Life circumstances change, and your will should reflect your most current wishes regarding your estate, beneficiaries, and executor. There are two primary ways to modify an existing will:

  • Creating a New Will

The easiest way to change a will is to draft a new one that explicitly revokes the previous version. The new will should include a clause stating that all previous wills and codicils are revoked to prevent conflicts. Once the new will is signed and witnessed, the old will should be physically destroyed to avoid confusion.

  • Adding a Codicil

A codicil is a formal amendment that modifies specific provisions in an existing will. A codicil must be signed and witnessed just like the original will to be legally valid.
While codicils work for small changes, multiple amendments can cause confusion—so a completely new will is often the better option.

Ways to Revoke a Will in Texas
According to Texas Estates Code § 253.002, a will can be revoked in three ways:

✅ Creating a new will that revokes the old one explicitly.
✅ Physically destroying the will with the intent to revoke it (e.g., burning, tearing, or shredding it).
✅ Directing someone else to destroy it in your presence, with your consent.

When Should You Update Your Will?

A will is not a static document—it should be reviewed and updated when significant life events occur, such as:
✔ Marriage or divorce – A divorce does not automatically revoke a will in Texas, but it does void provisions benefiting an ex-spouse.
✔ Birth of a child or grandchild – Ensure all intended heirs are included.
✔ Death of a beneficiary or executor – If your named executor or heir passes away, updates are necessary.
✔ Significant financial changes – If your assets have grown or changed substantially, your estate plan should be adjusted.
✔ Relocation to another state – Estate laws vary, so an attorney should review your will.

Updating a will ensures that your estate plan remains legally enforceable and aligned with your current wishes.

Do You Need a Lawyer to Draft a Will in Texas?

Do You Need a Lawyer to Draft a Will in Texas?

While it is legally possible to draft a will on your own, the risks of DIY estate planning far outweigh any cost savings. A will is a legal document that must comply with Texas law to be enforceable—and even a minor error can lead to costly probate issues or legal disputes.

Common Pitfalls of DIY Wills
???? Failure to meet legal requirements – A missing signature, lack of witnesses, or unclear wording can invalidate a will.
???? Ambiguous language – Vague terms may cause disputes among heirs and require court intervention.
???? Incorrect beneficiary designations – Assets could unintentionally go to the wrong people or be subject to unnecessary taxes.
???? Lack of coordination with other estate planning tools – A will alone may not be sufficient; trusts, powers of attorney, and healthcare directives may also be necessary.
???? Potential for contestation – A poorly drafted will is more likely to be challenged in probate court, leading to delays and legal fees.

How an Estate Planning Attorney Adds Value
An experienced Texas estate planning lawyer ensures that your will:
✔Complies with all legal formalities under Texas law.
✔ Minimizes probate complications, saving your heirs time and money.
✔ Clearly defines asset distribution, reducing the likelihood of disputes.
✔ Protects minor children, ensuring guardianship arrangements are legally sound.
✔ Integrates with a broader estate plan, incorporating trusts, tax planning, and medical directives.

Without professional legal guidance, a small mistake in your will could cost your family thousands of dollars in legal fees and months—if not years—of probate delays. At Varghese Summersett, we tailor wills to each client’s unique family dynamics, financial situation, and long-term goals, ensuring a comprehensive estate plan that works when it’s needed most.

Why You Need a Last Will & Testament in Texas

Why Choose Varghese Summersett to Draft Your Last Will & Testament in Texas?

Estate planning is more than just paperwork—it’s about protecting your family, your legacy, and your hard-earned assets. At Varghese Summersett, we offer customized estate planning services designed to give you peace of mind. We have two highly experienced state planning attorneys – Michael A. Livens and Brent McMullen.

  • Michael A. Livens has a strong background in finance and vast experience with estate planning. He has helped countless Texans secure their family’s future. He specializes in wills, trusts, probate law, and asset protection strategies.
  • Brent McMullen is a seasoned attorney with a deep understanding of Texas probate law. he ensures that clients have ironclad estate plans that stand up in court and prevent unnecessary disputes.

Why Clients Trust Us
✔ Tailored Estate Planning – We create custom wills and trusts based on your specific goals and financial situation.
✔ Texas-Specific Expertise – Our attorneys are well-versed in Texas probate laws, ensuring that your will is legally sound.
✔ Comprehensive Protection – We integrate wills with powers of attorney, living wills, and asset protection to create a complete estate plan.
✔ Avoid Probate Pitfalls – A properly drafted will minimizes delays, disputes, and unnecessary legal costs.
✔ Client-Focused Approach – We take the time to understand your concerns and provide personalized solutions.

Speak to an Estate Planning Attorney Today

Your Last Will & Testament in Texas is one of the most important legal documents you will ever create—don’t leave it to chance. Without a valid will, Texas law—not you—determines who inherits your estate. At Varghese Summersett, we ensure that your wishes are honored, your assets are protected, and your loved ones are cared for. Our estate planning attorneys will guide you through every step, making the process simple, efficient, and legally sound. Call 817-203-2220 to schedule a consultation today and take control of your legacy. We have locations in Fort Worth, Dallas, and Southlake.

Southlake Family Law Team

Varghese Summersett

Dozens of people gathered on Wednesday for a ribbon-cutting ceremony at Varghese Summersett’s new office in downtown Dallas.

The law firm opened its newest location at 2100 Ross Avenue, in the Arts District of the Central Business District. The centrally located office allows the firm to serve more clients in the Dallas area who need top-tier legal representation in criminal defense, personal injury, and family law.

VS Cuts Ribbon at New Dallas Location

“We’ve always wanted to have a strong physical presence in Dallas and we are excited to be an integral part of the Dallas community,” said Managing Partner Benson Varghese . “This new office provides a dynamic space for our team to continue delivering the exceptional legal representation and white-glove service that Varghese Summersett is known for. It strengthens our ability to serve clients facing complex legal challenges and reinforces our commitment to making a meaningful impact in their lives.”

The firm’s Dallas grand opening was hosted in partnership with the North Dallas Chamber of Commerce . Guests enjoyed a Bloody Mary and mimosa bar from Top Shelf Tending and hors d’oeuvres from Scratch Catering and Fine Foods, while touring the stunning space accented by Camellia Farm Flora.

Varghese Summersett Cuts the Ribbon on New Dallas LocationGuests also enjoyed a special performance by Ori Birk, a student at Booker T. Washington High School of the Performing Arts, who sang “Higher Ground” by Stevie Wonder. Later, his principal Garry Williams treated the guests to a moving a cappella performance of “A Change is Gonna Come.”

“This was such a wonderful event,” said Anna Summerett, a partner at Varghese Summersett, who was moved to tears by Williams’ performance. “It was especially meaningful to have special guests from Booker T. Washington join us, given that the school is just a few blocks away. Their performances added something truly special to the celebration.”

Sheena Winkfield, a criminal defense attorney based at the new Dallas office, agreed.

“It was also amazing to feel the support from friends, family, members of the legal community, and the broader Dallas community,” Winkfield said. “This event was a reminder of how important it is to be surrounded by people who believe in what we do and the impact we strive to make.”

Varghese Summersett Cuts the Ribbon on New Dallas Location
From left to right: Anna Summerett, Sheena Winkfield and Benson Varghese

About Varghese Summersett

Varghese Summerett is a premier criminal defense, personal injury, and family law practice dedicated to helping people through life’s greatest challenges. The firm’s roster is comprised of experienced, award-winning attorneys committed to providing exceptional legal services. Varghese Summersett has more than a thousand 5-star Google reviews and has been named a fastest growing law firm by Inc. 5000. It has also been named a “DFW Favorite,” a “Best Place to Work” and a “Best Place for Working Parents,” among numerous other accolades.

With four locations—downtown Fort Worth, downtown Dallas, Southlake, and Houston—Varghese Summersett continues to expand its reach, ensuring that more individuals and families have access to high-caliber legal representation.

Varghese Summersett

Criminal solicitation of a minor is a serious offense in Texas, and it happens more often than many realize. Law enforcement agencies and prosecutors aggressively pursue these cases, particularly when they involve violent crimes, sexual offenses, or human trafficking. Even a mere request or suggestion—without any action taken by the minor—can be enough to result in felony charges.

Texas Penal Code §15.031 defines criminal solicitation of a minor as the act of requesting, commanding, or attempting to persuade a minor (under 17) to engage in conduct that would amount to a felony. Given the state’s tough stance on crimes against children, defendants facing these allegations can expect severe legal consequences, including possible prison time and, if it involves a sex crime, sex offender registration .

If you or a loved one is facing charges related to criminal solicitation of a minor, it is crucial to understand the law, the potential defenses, and the possible penalties. In this article, the criminal defense attorneys at Varghese Summersett explain what constitutes criminal solicitation of a minor, the elements the prosecution must prove, the potential penalties, and why having an experienced defense attorney is essential when facing these serious charges.

What Constitutes Criminal Solicitation of a Minor?

Under Texas Penal Code Section 15.031, criminal solicitation of a minor occurs when someone requests, commands, or attempts to induce a minor (under 17 years old) to engage in conduct that would constitute certain criminal offenses.

The prosecution must prove three key elements:

  1. The defendant acted with intent that the minor engage in felony conduct
  2. The solicitation was directed at someone under 17 years of age
  3. The conduct being solicited would constitute a qualifying felony offense

Importantly, the crime is complete upon the solicitation itself—it doesn’t matter whether the minor actually commits or attempts to commit the felony.

Applicable Offenses: When Criminal Solicitation Becomes Especially Serious

Criminal solicitation of a minor becomes particularly serious when it involves offenses listed in Code of Criminal Procedure 42A.054 (formerly known as “3g offenses”). These include:

Category Specific Offenses
Violent Crimes • Murder and capital murder
• Aggravated kidnapping
Sexual Offenses Sexual Assault of a Child (§22.011)
• Aggravated Sexual Assault (§22.021)
• Indecency with a Child (§21.11)
• Sexual performance by a child
• Continuous Sexual Abuse of Young Child or Children (§21.02)
Exploitation • Compelling Prostitution (§43.05(a)(2))
• Trafficking of persons
• Prostitution (§43.02)
• Solicitation of Prostitution (§43.021)
Other Serious Offenses • First-degree felony injury to a child, elderly individual, or disabled individual
• Using or employing a child younger than 18 to commit a 3g offense
• Causing a child younger than 18 to participate in a 3g offense

the corroboration requirement

The Corroboration Requirement: A Unique Legal Protection

A charge of criminal solicitation of a minor is serious, but there are legal defenses that may be available depending on the facts of the case. A strong defense strategy requires challenging the evidence, intent, and credibility of the prosecution’s claims. One defense that bears more discussion is the Texas law that says a person may not be convicted of this crime without corroborating evidence.  Section 15.031(c) creates a distinctive procedural safeguard that sets this offense apart from many others:

“A person may not be convicted under this section on the uncorroborated testimony of the minor allegedly solicited unless the solicitation is made under circumstances strongly corroborative of both the solicitation itself and the actor’s intent that the minor act on the solicitation.”

This means prosecutors typically need evidence beyond just the minor’s testimony. If only the minor’s testimony exists, it must be accompanied by circumstances that strongly corroborate:

  • That the solicitation actually occurred
  • That the defendant intended for the minor to act on that solicitation

Examples of corroborating evidence might include text messages, recorded conversations, witness testimony, or physical evidence connecting the defendant to the solicitation.

What Is Not a Defense to Criminal Solicitation of a Minor

Texas Penal Code, Section 15.031(d) explicitly outlines what cannot be used as legal defenses:

  1. The minor did not act on the solicitation
  2. The actor did not intend for the minor to act on the solicitation
  3. The actor was not criminally responsible for the felony offense as an accomplice

This means defendants cannot escape liability by claiming:

  • The minor refused or failed to commit the solicited felony
  • They were “just joking” or didn’t really expect the minor to follow through
  • They wouldn’t have been criminally liable as an accomplice to the solicited offense

For example, if an individual solicits a minor to commit aggravated robbery—a first-degree felony—the solicitation itself would be charged as a second-degree felony, carrying a penalty of 2 to 20 years in prison and a fine of up to $10,000. Similarly, if the underlying offense were a second-degree felony, such as indecency with a child, the solicitation charge would be reduced to a third-degree felony, punishable by 2 to 10 years in prison and a fine of up to $10,000.

offense levels and punishment

Offense Levels and Punishment

Criminal solicitation of a minor is generally classified one category lower than the felony solicited. For example, if someone solicits a minor to commit aggravated robbery—a first-degree felony—the solicitation itself would be charged as a second-degree felony, carrying a penalty of 2 to 20 years in prison and a fine of up to $10,000. Similarly, if the underlying offense were a second-degree felony, such as indecency with a child, the solicitation charge would be reduced to a third-degree felony, punishable by 2 to 10 years in prison and a fine of up to $10,000

Solicited Offense Classification of Criminal Solicitation Punishment Range
First-degree felony Second-degree felony 2-20 years, up to $10,000 fine
Second-degree felony Third-degree felony 2-10 years, up to $10,000 fine
Third-degree felony State jail felony 180 days-2 years, up to $10,000 fine
State jail felony Class A misdemeanor Up to 1 year, up to $4,000 fine

Important Exception: If the solicited felony is capital murder, trafficking of persons, sexual assault, aggravated sexual assault, or compelling prostitution, then criminal solicitation of a minor is classified as a first-degree felony (5-99 years, up to $10,000 fine).

criminal solicitation vs. online solicitation

Criminal Solicitation vs. Online Solicitation

Criminal solicitation and online solicitation of a minor are two offenses in Texas that are frequently confused but have distinct elements. The major difference is that criminal solicitation involves encouraging or requesting someone to commit a felony, while online solicitation of a minor specifically involves using electronic communication to engage or attempt to engage a minor in sexual conduct. Here’s how they differ:

Criminal Solicitation of a Minor (§15.031) Online Solicitation of a Minor (§33.021)
Involves soliciting a minor to commit an enumerated criminal offense Specifically targets solicitation for sexual purposes
Can occur through any medium (in-person, phone, online, etc.) Specifically involves using the internet or electronic communications
Focuses on encouraging the minor to commit a felony Focuses on sexual conduct or meeting the minor for sexual purposes
Intent requirement focuses on the minor committing the felony offense Intent requirement focuses on sexual conduct

Sex Offender Registration Requirements

Criminal solicitation of a minor requires sex offender registration if it involves soliciting certain offenses listed in Article 62.001(5)(G) of the Texas Code of Criminal Procedure. These include:

Category Registrable Offenses When Solicited
Sexual Offenses • Continuous Sexual Abuse of Young Child (§21.02)
• Indecency with a Child (§21.11)
Sexual Assault (§22.011)
• Aggravated Sexual Assault (§22.021)
• Trafficking of Persons involving child sex trafficking (§20A.02(a)(7)/(8))
• Compelling Prostitution of a child (§43.05(a)(2))
• Sexual Performance by a Child (§43.25)
Kidnapping/Burglary • Aggravated Kidnapping with intent to violate or abuse sexually (§20.04(a)(4))
Burglary, if committed with intent to commit certain sexual offenses (§30.02)
Other Sexual Offenses Indecent Exposure, second conviction (§21.08)
• Online Solicitation of a Minor (§33.021)
• Obscenity involving activity with child under 18 (§43.23)
• Sale, Distribution, or Display of Harmful Material to Minor (§43.24)
• Sexual Performance by a Child (§43.25)
Employment Harmful to Children (§43.251)
Prohibited Sexual Conduct • Prohibited Sexual Conduct/Incest (§25.02)
Child Pornography Possession or Promotion of Child Pornography (§43.26)

It’s important to note that solicitation of prostitution or prostitution itself doesn’t automatically trigger registration requirements unless it involves a child in specific ways that qualify under other provisions.

Tough cases call for the toughest lawyers.

Accused of Criminal Solicitation of a Minor? Contact Us.

If you or a loved one is facing criminal solicitation of a minor charges in Texas, the experienced criminal defense attorneys at Varghese Summersett understand the complexities of these cases and the high stakes involved.

Our team has successfully defended numerous clients against these serious allegations. We approach each case with thorough investigation, strategic planning, and aggressive defense. Our attorneys have the knowledge, resources, and determination to protect your rights and fight for the best possible outcome.

Don’t face these serious charges alone. Contact Varghese Summersett today at (817) 203-2220 for a confidential consultation. The sooner you reach out, the sooner we can begin building your defense.