When You Should Consider Filing for Guardianship
You might consider filing for guardianship with the help of a family law attorney if you have a family member who is no longer capable of behaving in a manner consistent with his or her own interests. For example, a family member may become physically incapacitated through an accident, or as a result of being hospitalized on a long-term basis. An attorney in Spring, TX, may also help you file for guardianship if a loved one has become mentally incapacitated. For example, an adult child may have special mental or emotional needs, or be entitled to receive social security benefits. In such cases, guardianships are critical to getting the child much needed help. Guardianship may also be sought if the individual could be considered incapable of making financial decisions, such as in cases where the proposed ward is a minor.
Since guardianship of a disabled child or an adult requires making crucial, potentially life-changing decisions, it’s important to proceed cautiously. You can receive the legal guidance you need when you consult a lawyer about this aspect of family law. Finally, your family lawyer can also help you seek guardianship of an individual whom you believe is not being adequately represented by a person who holds power of attorney.
Steps to Preparing Your Will
If you’re an adult, and if you haven’t yet prepared your will, it’s time to make an appointment with a lawyer who provides estate planning in Conroe, TX. It is worrisome that most Americans pass away intestate, which means they die without a will. When this happens, their estate is subject to inflexible state regulations and guidelines. Additionally, family conflicts over finances and legal guardianship of children may be more likely to occur when a loved one dies intestate. You can protect your family by having a qualified attorney draft your will for you.
Make a List of Your Assets
Before you meet with a lawyer to have your will drafted, you’ll need to make a list of your assets. This is not so much for inclusion into the will, but to give your attorney an idea of what’s involved in the estate. Such a list should include intangible assets such as your bank accounts, along with physical property such as family heirlooms and jewelry. Any assets you have that name a beneficiary, such as a life insurance policies or joint bank accounts, will go to that particular beneficiary. In other words, you cannot use your will to override your beneficiary designations. However, you can change your beneficiary designations, if desired. You can use your will to designate heirs for most all other assets.
Evaluate Prospective Legal Guardians
Choosing a legal guardian for a minor child can be one of the most difficult decisions a parent will face, particularly if there are no obvious candidates available. If you have siblings or other family members, then your will could name one of them to be the legal guardian of your child. However, you should carefully consider whether any particular candidate may be more likely than others to adhere to your preferences for your child’s upbringing. In sum, communication prior to tragedy often limits the scope of that tragedy.
Revisit Your Lawyer Periodically
Estate planning isn’t a “one and done” procedure. As your life circumstances change, so too should your will. Where large estates are involved, it might be wise to make an appointment with your lawyer at least every five years to re-evaluate your situation in light of any recent tax law changes. You should also schedule appointments if you experience a significant change in circumstances, such as the birth of a child, a divorce, a marriage, or the death of a family member if that passing affects your finances.
The Basics of Filing for Child Custody
When it’s time to end a relationship with the other parent, determining child custody is a significant concern. Your first step in filing for custody is to contact a child custody lawyer serving Spring, TX. Such family law attorneys will have an in-depth knowledge of child custody proceedings. He or she will ensure that the forms are filled out properly and filed with the appropriate court to prevent unnecessary delays in your case. A child custody attorney will also guide you through the mediation process, which is often mandatory.
To hear more about working with a family law attorney, watch this brief video. This expert explains that family law varies from state to state. He also urges viewers to get in touch with an attorney for personalized legal guidance.
Answers to Questions About Divorce in Texas
The disputed divorce is often challenging, particularly because both parties must disclose their personal information, deal with the division of property, and reach an agreement regarding child custody arrangements. A divorce attorney near Spring, TX, can help make this divorce process easier, giving you all the information you need and walking you through the proceedings, step-by-step. Your divorce lawyer can also answer any questions you may have about Texas family law.
Are There Any Residency Requirements?
Yes, Texas family law requires that one or both spouses be a resident for at least six months. Additionally, the party who files the divorce petition must be a resident of the county in which the paperwork is filed for a minimum of 90 days.
What Are the Grounds to File for Divorce?
Texas is a no fault divorce state. This means that it is not necessary to prove that either party is responsible for the breakdown of the marriage. When your divorce lawyer prepares the paperwork, he or she can cite “irreconcilable differences.” However, Texas law does allow divorce on fault-based grounds. Let your family attorney know if you may be eligible to file for a fault-based divorce based on adultery, conviction of a felony, cruelty, or abandonment. Other grounds for divorce in Texas include confinement in a mental hospital and separate residency for at least three years.
How Long Will the Process Take?
This can vary widely, depending on the complexity of your case, and whether you and the other party can come to a mutual agreement. Once the divorce petition is filed, you must wait at least 60 days for the divorce to be finalized. If there are disputes regarding child custody, support, property division, liability distribution, or other issues, the process can take longer.
Is a Divorce Trial Necessary?
In many cases, both parties appear in court and a judge makes the final decisions regarding the matters of dispute. However, it is possible to reach an amicable divorce agreement. You and your spouse can meet in mediation to reach agreements on property, custody, and other matters. Working with a divorce lawyer can help facilitate the mediation process.
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