Understanding Probate Litigation
Probate is the process of settling a deceased person’s will and requires the services of a probate lawyer in the Woodlands. A probate lawyer can ensure the process is as smooth and efficient as possible, even in the event that a will is contested.
Probate litigation involves resolving a will contest. A probate lawyer may authenticate a will if a person believes that it was improperly drafted or was created under suspicious circumstances. A lawyer is also necessary where the heirs are disputing the terms of a loved one’s will and need protection of their legal rights and claims to property or possessions. A probate lawyer can also help determine the rightful heirs in the absence of a will. If someone passes away without drafting a will, your attorney will appear in probate court to assisting in determining what your proper entitlement is under law. Of course, the best way to avoid probate litigation is to hire a will lawyer to draft a will while you can still make your wishes known.
Get the Facts on Child Support [Infographic]
When you and your spouse are in the process of a divorce, it can be a stressful time for everyone involved. During matters of child custody near The Woodlands , the issue of child support payments will come up. There is no national standard for determining the amount of child support; rather, each state has its own guidelines to figure out what an adequate monthly payment may be. In Texas, child support is determined through figuring out the paying parent’s monthly “net income,” and then calculating a percentage that varies depending on how many children are being supported. Failure to pay child support can result in wage garnishment, suspension of driver’s license, and other consequences—even time in prison. Take a look at this infographic to get the facts about child support. Please share with your friends and family.
Reasons to Create a Trust
Many people erroneously believe that trusts are only for the very wealthy, but wills and trusts are often established in the Woodlands to simply to help manage property and assets . To create a trust, a lawyer will create a legal document holding property or assets for a specific person, known as the beneficiary. Your lawyer will also name a trustee who controls the trust, which is generally a trusted family member, friend, or attorney. Continue reading to find out why trusts can help you manage your assets’ distribution, ensure your wishes are protected, and save your family time and money.
An attorney may recommend a trust for individuals who want to manage and distribute their assets in a very specific way. With a trust, a grantor can detail exactly how the estate will be distributed with much greater precision than a will allows. For beneficiaries who cannot be relied upon to make their own sound financial decisions, a trust permits the grantor to distribute funds in small, periodic amounts, free from the grasp of creditors.
A trust is more difficult to contest than a will, which means your exact wishes will likely be executed without resort to costly litigation. A will is comparatively open to challenge from anyone who is displeased with the distribution of assets. This is not to say that wills are inferior; they are not. As every person with a trust should also have a will, just in case. A trust can be challenged only if the complainant argues that the person was mentally incapacitated when the trust was established and did not understand the implications. A complainant may also argue that the grantor was unduly influenced by another person and did not create the trust of his or her own free volition.
Many people contact an attorney to create a trust so their survivors can avoid probate court later on. Whenever assets are distributed according to a will, a probate judge is required to determine the will’s validity. This process requires assistance from a skilled probate attorney. By creating a living trust, you enable your descendants to bypass this process so they can access estate property more quickly. Although more costly up front, a trust also helps your family avoid the fees charged by a probate court.
How to File for Divorce
The first step in filing for divorce should be to consult a family attorney in Spring, TX. A divorce lawyer will review your situation and discuss all applicable issues with you, such as child custody, property division, and child support. When you’re ready to move forward with the petition, your divorce lawyer will prepare and file a petition with the court on your behalf. Thereafter, your soon-to-be ex-spouse will be served with the divorce papers.
For more information about family law, watch this video and talk to your child custody lawyer. This brief introduction to divorce petitions explains that both spouses may be required to submit financial affidavits and supporting documents to the court. You’ll also learn about some of the temporary orders the court may issue while the divorce is pending.
A Look at Grounds for Divorce in Texas
Although every divorce case is unique, they do tend to share some similarities. For example, many people file for a no-fault divorce, rather than a fault-based divorce. Texas family law statutes allow for both types of divorce. When you visit a divorce attorney near Spring, TX, one of the questions he or she will likely ask is on which grounds you plan to seek a divorce. If you aren’t sure, your divorce lawyer will help you make this decision.
If you prefer to file for a no-fault divorce, your divorce lawyer will prepare the divorce petition based on “insupportability.” Texas family law recognizes insupportability as having occurred when there are unresolvable differences or disagreements present in the marriage. In many other states, this concept is known as “irreconcilable differences.” If you file based on insupportability, this tells the judge that you are not blaming your spouse for any particular misdeeds, such as adultery, which led to the breakdown of the marriage.
Adultery is one of the possible grounds for a fault-based divorce. It is one of the primary “fault” grounds for divorce. Proving fault in a divorce may be preferable for some individuals because the court may favor the spouse who is not at fault when determining matters such as child custody, child support, spousal support, and property division.
Texas family law also allows for a fault-based divorce if it can be proven that one spouse is guilty of cruel treatment towards the other spouse. Cruelty can be difficult to prove and its definition can vary from state to state, and from judge to judge. However, cruel treatment is generally defined as repeated demonstrations of rage, physical attacks, the flaunting of adultery, and the intentional transmission of a sexually transmitted disease without the other spouse’s knowledge.
Conviction or Confinement
If your spouse has been convicted, your family lawyer may recommend filing for a fault-based divorce. However, your spouse must have been convicted of a felony and imprisoned for a minimum of one year. If your testimony was used as evidence against your spouse in court, you are ineligible to file for divorce on these grounds. You can also file for divorce based on your spouse’s confinement in a mental hospital for at least three years without hope of recovery.
Abandonment occurs when your spouse has intentionally left you for at least one year. You can also file on the grounds of living apart if you and your spouse have not cohabited for three years.
- Estate Planning
- Family Law
- Drafting a Will
- Divorce Lawyer
- Texas Family Law
- Real Estate
- Probate Court
- Child Custody
- Andrew J. Bolton
- Law Office of Andrew J. Bolton
- Contested Divorce
- Child Support
- Living Wills
- Contested Will
- Probate Bond
- Heir Apparent
- Legacy Contact
- Living Trusts
- legal guardian
- Legal Disputes
- property rules
- Common Law
- Estate Tax