Family Law

The issue of Testamentary Capacity in a Texas Will Contest

To make a valid will, the testator must be of sufficient age and sound mind aka testamentary capacity. When someone executes a will, he or she must have "testamentary capacity," meaning the mental capacity to understand the nature of the act. Without testamentary capacity to make a will, the will could be found invalid in [...]

2021-01-21T10:38:34-06:00November 4th, 2020|Estate Planning, Family Law, Probate, Will Contest|

Spousal Maintenance Agreements

Spousal maintenance, money paid to a former spouse after a divorce, is sometimes referred to as alimony. In Texas, when the court orders that one spouse make payments to another, this is referred to as court-ordered spousal maintenance. A spouse can ask for post-divorce support from the other during a divorce proceeding and private alimony [...]

2021-03-31T08:21:19-05:00March 30th, 2020|Family Law|

Texas Law Ignored For Interference With Child Custody

Apparently, the Texas penal code 25.03 regarding interference with child custody is not enforced in most cities around the state including Dallas, El Paso, Houston and San Antonio. The law stipulates a person commits an offense when anyone knowingly taking or retaining a child when there is a standing judgment in the custody matter is [...]

2021-01-04T23:30:18-06:00January 3rd, 2020|Family Law, Business Law|

When Parents Do Not Show Up For Their Visitation Time

Texas courts consider the best interests of the child when awarding custody and visitation rights. However, just because a judge says that non-custodial parents can visit their child does not mean they will. Failing to spend time with children could hurt their feelings, but custodial parents should consider the potential damage that seeking a change [...]

2021-04-27T13:32:39-05:00January 3rd, 2020|Family Law, Business Law|

Failure to Disclose Lawsuit: Suing the Seller

Purchasing a home is an exciting time, but it can also be nerve-racking – especially when you discover hidden property defects the seller failed to disclose. Now you’ve bought the house and don’t know what to do about newly discovered defects. The good news is that Texas property laws may give you the right to [...]

2021-01-21T10:47:55-06:00January 3rd, 2020|Family Law, Business Law|

How are Start-Up Companies Valued in a Divorce?

  Start-ups can take a lot of love, care, and hard work to foster into sustainable businesses. When those new ventures have to be divided in a divorce, the future success of the business is the dividable value.  To help develop a plan for valuing a business, one 2013 report by the AICPA, a professional [...]

2021-03-31T08:22:14-05:00August 27th, 2019|Family Law, Business Law|

What Happens to Debt at Death?

Your estate is comprised of all that you own, minus outstanding debts. Any debts that you incurred during your lifetime become the responsibility of your estate or your family at your passing.  Repayment of outstanding debts, and the distribution of your estate, are handled during the probate process. The executor of your estate (a person [...]

2021-04-27T13:32:18-05:00June 30th, 2019|Probate, Estate Planning, Family Law|

When Will Assets be Disproportionately Distributed Due to Fraud in a Texas Divorce?

Texas is a community property state, which requires that spouses going through a divorce make a just and right distribution of marital property. For most couples, this means making an equal split of the value of all marital assets and debts; however, in certain situations, the Texas family court can award a disproportionate share of [...]

2021-03-31T08:05:55-05:00March 30th, 2019|Family Law|

Moving Children Post Divorce in Texas

When going through a divorce, many parents like to believe all the important issues concerning their children will be resolved once and for all with the final divorce decree. In reality, life circumstances often change for one (or both) parents following divorce, and these changes affect everyone. A common example is when a former spouse [...]

2021-01-04T23:29:42-06:00February 15th, 2019|Family Law|

When Will a Prenuptial Agreement Not be Enforced?

  Premarital or prenuptial agreements are a common part of marriage and divorce these days. A prenup may be a good idea when one spouse is remarrying or brings significant property or debt into the marriage. As a general rule, a premarital agreement is enforceable under Texas law. Of course, every rule has its exceptions. [...]

2021-03-31T08:20:10-05:00January 15th, 2019|Estate Planning, Family Law|
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