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  • Published: February 1, 2024

In the landscape of modern family structures, blended families are increasingly common. These families, where one or both partners have children from prior relationships, encounter distinct challenges in estate planning. This is particularly acute in the absence of a will, as state intestacy laws may not reflect the nuanced dynamics of these families. This article explores a specific scenario in Texas where a spouse with stepchildren dies intestate (without a will), focusing on the implications for the ownership of the home, a common asset of concern in such situations. The Scenario: Intestate Death in a Blended Family in Texas Consider…Read More

  • Published: January 22, 2024

Estate planning is a crucial process that often involves a complex web of decisions and legal documentation. One vital component of this process is the Power of Attorney (POA). As a Texas attorney specializing in estate planning, I frequently encounter questions from clients about what a POA is and why it's important. In this post, we'll delve into the intricacies of Power of Attorney under Texas law and why it should be a part of your estate planning toolkit. What is a Power of Attorney? A Power of Attorney is a legal document that allows you (the "principal") to designate…Read More

  • Published: December 18, 2023

Navigating the complexities of divorce law in Texas can be daunting, particularly when it comes to understanding the grounds for divorce. One question that frequently arises in my practice as a Texas family law attorney is whether you need to prove fault to obtain a divorce. In this blog post, we'll delve into the grounds for divorce in Texas, exploring the implications of fault and no-fault divorce. What Are the Grounds for Divorce in Texas? Texas law recognizes both fault and no-fault grounds for divorce. This gives spouses the flexibility to choose the basis for their divorce depending on their…Read More

  • Published: December 11, 2023

For many Texas residents navigating the world of estate planning, the term 'probate' often surfaces as a central concern. But what is probate, and why do so many individuals aim to avoid it? Here, we'll dive deep into the nuances of Texas probate law and discuss strategies to sidestep this process. What is Probate? Probate is a legal process wherein a deceased individual's estate is settled and their assets are distributed to beneficiaries. In Texas, as in other states, the probate process involves: Proving in court that a deceased person's will is valid (if there is one). Identifying and inventorying…Read More

  • Published: December 4, 2023

When couples with children decide to part ways, determining child custody becomes one of the most significant and often contentious issues they face. In Texas, the legal term for child custody is "conservatorship." Understanding how Texas law views conservatorship and the difference between joint and sole custody is crucial for parents navigating this process. Conservatorship in Texas: The Basics In Texas, rather than using the terms "custody" or "primary custody," the law uses the terms "conservatorship" and "possession and access." These terms refer to the legal rights, duties, privileges, and powers parents have concerning their children. Joint Managing Conservatorship (JMC)…Read More

  • Published: November 27, 2023

Estate planning can be a daunting task, but one of the most pivotal decisions you'll make is selecting your beneficiaries. This decision determines who will receive your assets after your passing. In Texas, there are unique considerations, especially when beneficiaries are minors. This blog post aims to shed light on this aspect of estate planning in the Lone Star State. What is a Beneficiary? In the simplest terms, a beneficiary is an individual or entity you designate to receive assets from your will, trust, or other estate planning instruments. This can include relatives, friends, charitable organizations, trusts, and more. The…Read More

  • Published: November 20, 2023

Navigating the complexities of divorce can be emotionally and logistically challenging. One of the primary concerns for many individuals is understanding the timeframe involved. If you're considering or are in the midst of a divorce in Texas, you might be wondering: How long will it take to finalize the divorce? Let's delve into the Texas family law to answer this question. The 60-Day Waiting Period First and foremost, Texas law mandates a 60-day waiting period from the date the divorce petition is filed until a court can finalize the divorce. This means that, in the most straightforward cases, where both…Read More

  • Published: November 13, 2023

One of the most common questions posed by clients delving into estate planning in Texas is, “What’s the difference between a will and a trust?” It’s an essential distinction to understand, as these are two fundamental tools in the estate planning toolbox, each serving unique purposes and offering different benefits. Will vs. Trust in Texas: Understanding the Key Differences In Texas, as in other states, estate planning is an essential component of managing one's assets and ensuring they are distributed as desired upon death. Two of the most common estate planning tools are wills and trusts. While they serve related…Read More

  • Published: November 6, 2023

When navigating the turbulent waters of divorce, one of the questions that often arise is related to alimony, also known in Texas as "spousal maintenance." Will you have to pay it? Can you receive it? Here's what you need to know, based on Texas law. What is Alimony or Spousal Maintenance?   Alimony, or spousal maintenance in Texas, is a financial support that one spouse may be required to pay to the other after a divorce. This is to ensure that a spouse who might not have the financial independence or the means to support themselves post-divorce is not left…Read More

  • Published: October 23, 2023

When going through a divorce or custody battle in Texas, one of the primary concerns many parents have relates to child support. It's crucial to understand how child support is determined, as well as the circumstances under which it can be modified. In this blog post, we'll break down the essentials of child support calculation in Texas and discuss potential modifications. How Is Child Support Calculated in Texas? In Texas, child support is primarily calculated using a set percentage of the non-custodial parent's net resources. Here's a brief breakdown of how it works: Determine Net Resources: This includes all types…Read More

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