If you’re like many people, chances are you don’t want to think about your own death. However, even if you are healthy now, accidents can happen and circumstances can change. That’s why it is a good idea to draft a living will in The Woodlands . A will is used after you pass away to distribute your property to family members, friends, organizations, or anyone else you so choose. If you do not have a will, Texas law dictates that your property will go to close relatives first. The property of a person without relatives through blood or marriage may be seized by the state. You can appoint an executor of a will, or a person who will make sure that it is carried out in the way you want. Take a look at this infographic to learn more about wills in Texas, including what you need to make a handwritten will legal. Please share with your friends and family.

Under the Texas Constitution, all parents have a legal obligation to support their children financially. According to family law in Texas, “a parent” refers to the child’s biological mother and a man who either signed a paternity acknowledgment, was married to the mother, or who has been otherwise legally determined to be the child’s biological father. Adoptive parents are also responsible for financially supporting their adopted children. Texas family law requires parents to support a child until he or she turns 18 years old, with some exceptions. Whichever parent does not have primary custody of the child is generally known as the obligor; and it is he or she who is obligated to pay child support. Child support rules are multi-faceted and so a family law attorney in The Woodlands is best able to help you estimate the amount you could be ordered to pay or receive.

Income

The income of the obligor is the most significant factor when calculating child support. In Texas, parents are required to submit to the court information about their gross income. If they are self-employed, they must submit their average monthly self-employment income, which is gross income less business expenses.

Deductions

Inform your child support lawyers of any deductions that the court should consider when calculating the amount of your payment. This may include health insurance premiums that you pay for your children. You may also be allowed to deduct court-ordered alimony or child support that you are already paying for a previous marriage and other children. When in doubt, let your attorney know what costs or expenses should be deducted, nothing should be left “off the table.”

Family Size

The amount of the child support payment will be adjusted depending on how many children must be supported. If you are paying child support for two children, the amount of the original payment is not doubled. Instead, the payment is increased by a certain percentage of your income.

Guideline Adjustments

Texas family court judges use family code guidelines when calculating the amount of child support to order. However, there are circumstances in which a judge will consider adjusting the support amount. The amount may be increased or decreased depending on the child’s age and needs, educational expenses, extraordinary healthcare expenses, and any other factors that speak to the best interests of the child.

If you do not yet have a living trust , consider talking to a probate attorney near The Woodlands about whether this arrangement might benefit you. When you create a living trust, you can name yourself as the trustee to remain in full control of any assets you transfer into the trust. You can use the trust to pass on assets to your heirs after your death. One main benefit of having a probate attorney establish a living trust for you is that any property that remains in the trust at the time of your death will not go through the probate process. This means that if your heirs need financial resources right away after your passing, they can have access to them without waiting for the estate to be closed.

In some cases, it is more difficult to challenge a living trust than to challenge a will. If someone challenges the validity of a living trust, he or she would need to prove that you were mentally incompetent at the time the trust created or perhaps that your signature was forged. Generally, the fact that you continued to manage the trust after you created it is sufficient proof of your mental competence. However, be aware. There are often very good reasons not to create a trust for your properties. For example, the “taxable basis” of your trust property may be different than what it would be if the property were inherited in a simple probate case, so consult with a lawer prior to creating such an instrument without proper counsel.

In an uncontested divorce, both spouses may sign a divorce decree agreeing to the terms of the divorce, such as the division of property. Alternatively, one of the spouses may simply not oppose the terms set forth by the other spouse. Nevertheless, if one spouse refuses to sign-off on a divorce decree, then the divorce becomes a “contested divorce.” Regardless of whether you expect your divorce to be uncontested or contested, you should seek divorce advice from a family law attorney in The Woodlands. Divorce lawyers will handle your case for you, letting you move forward with your new life.

Will the Refusal Halt the Divorce?

It’s a common misconception that when one spouse refuses to sign the papers, the divorce is placed on indefinite hold. In fact, one spouse cannot hold the other “hostage” in the marriage by refusing to sign the paperwork. However, it does mean that it may take longer to finalize the divorce.

What Does It Mean to Set a Case for Hearing?

When a divorce is contested because one of the spouses refuses to sign the divorce decree, then the court will resolve the contested issues at trial. Your divorce lawyers will contact the clerk or administrator of the court to set a final hearing on the case. Shortly after setting a case for final hearing, the other party must be notified in writing of the hearing date and time. While awaiting the hearing, your divorce lawyers will conduct discovery, which is the process of obtaining information to be presented in court. This includes information about the marital assets, income, and similar issues. At court, each party has the opportunity to present evidence before the judge.

Should You Try Mediation?

Before the case goes to trial, there is still time to attempt to transition a contested divorce to an amicable divorce. Some court require mediation prior to any trial of your case. Even if a court does not require mediation, you might consider enlisting the help of a professional mediator, who is a neutral third party. Mediation can often help two parties with divergent goals and viewpoints find common ground. Mediators cannot force the parties to agree to anything. If mediation fails, then the case will go to trial.

If you’re looking for divorce advice and live in Spring, TX, a family law attorney can help you. One of the questions divorce lawyers typically ask new clients is whether it might be possible to resolve family law matters amicably instead of leaving these decisions to the judge. Your answer to this question will determine whether your divorce proceeding is contested or uncontested.

Defining Contested and Uncontested Divorces

Under Texas family law, a divorce may proceed as an uncontested divorce if you and your spouse have reached an agreement about all issues relevant to your case. Such issues include matters involving property and liability allocation, child custody arrangements, and child support. A divorce may be considered uncontested in cases in which your spouse has officially been given notice of the divorce, yet fails to file an answer with the court. In this situation, the divorce is uncontested by “default.” The most common uncontested divorce, however, is the “waiver” divorce wherein your spouse agrees to step out of the proceeding by signing a statement to that effect. A contested divorce is one that involves any substantive disagreement over any issue. Even if a couple agrees to all issues but one, the divorce will be considered contested. When a divorce is contested, a family law judge will evaluate the evidence, hear arguments, and issue a ruling.

Agreeing on the Issues

It’s often preferable for spouses to make compromises in order to reach a divorce agreement out of court. If your spouse has not hired an attorney, then consider asking your divorce lawyer if he or she would speak with your disagreeing spouse to discuss the potential for mediation. Mediation may be successful even if spouses are no longer on friendly terms with each other. It involves meeting together, but with the involvement of a neutral third-party. Each spouse will then have the opportunity to discuss his or her concerns, goals, and points of view. Spouses who are willing to compromise on one or more issues may be able to have the case resolved in a expeditious manner.

Petitioning for Modifications

A divorce decree resolves the major issues arising from the breakdown of the marriage. However, certain family law question may be modified later. For instance, where there is a substantial change in circumstances, you or your ex may petition the court for a modification in child custody arrangements. You could also file a petition to change the existing spousal support or child support order.

Divorce lawyers understand that they work with clients during one of the most difficult times of their lives. During such a stressful time, it may be difficult to think clearly and it’s all too easy to make mistakes that may cost you. Please do yourself a favor and listen carefully to the legal advice of your family law attorney. He or she will let you know best how Texas family law affects your case filed in The Woodlands. Your lawyer can also help you avoid the kind of mistakes which cannot be remedied. For example, in one recent case, the parties were arguing over the amount of child support; my client wanted to pay less, but his wife wanted him to pay much more (and she was also unrepresented). So, in an effort to save my client fees in litigating the matter, I suggested that they split the difference, but also call the payment above our first offer “alimony” instead of child support. They both agreed. What the wife didn’t know is that my client could now the deduct alimony off of his taxes as it was imputed as income on her own taxes. With child support, he couldn’t do that. It was an honest compromise, but the wife wasn’t getting all of the benefit from it that she expected, and my client was not putting into it all that he thought.

Dismissing the Idea of Mediation

Divorce lawyers often work with clients who prefer to avoid communicating with their soon-to-be ex. While this is understandable, that isn’t a good reason to avoid giving mediation a sincere try. Even in contentious divorce cases, mediation may be an effective way to resolve marital matters, accelerate the divorce process, and avoid the stress of going to court. Mediation is not binding, so you have nothing to lose by giving it a try. Consider talking to your divorce lawyer about preparing for your mediation. On the other hand, there are situations where mediation is not the best route for resolving your divorce case. For example, if you were affected by domestic violence, then mediation might not be a good option for you.

Avoiding Difficult Discussions with the Kids

To protect the kids, it’s best to avoid mentioning the divorce until you’re absolutely certain that you will move forward with the process. After this point, trying to hide the divorce from the kids may only confuse them. Ideally, both parents will sit down with the kids and explain that they will no longer live together. Give the kids plenty of reassurance and remind them that both parents still love them and that this is “not the end of the world.” Remember, your desire is to allow them to grow up and hopefully have successful marriages themselves. So avoid burdening the kids with the details of the divorce; bad mouthing the other parent; or perhaps telling them that your spouse was unfaithful. Such “jabs” at your ex will only inflict psychological harm on those who you rightly love the most.

Forgetting to Talk to a Tax Advisor

Your divorce lawyer may not be the only professional you need to consult. Divorce sometimes affects your taxes, investments, and retirement accounts. It will also substantially change your budget. Your tax advisor or financial planner can help you sort through these issues.

After your passing, your assets will be distributed through a process called probate. A probate lawyer can file the necessary paperwork and make court appearances for your family. If you had your probate lawyer create a will and trust for your estate in Conroe, TX, then the probate process is fairly straightforward. Provided that your will is legally valid, your assets should be efficiently distributed in accordance with your wishes.

As the expert in this video explains, wills and trusts can help prevent potential probate problems. Without a valid will, your surviving family members may argue over your assets, which can delay probate, increase costs, and adversely affect familial relationships.

If you’ve consulted a probate attorney in The Woodlands, you’re probably already familiar with the concept of using a last will and testament to designate beneficiaries for assets and guardians for minor children. “Living wills” are completely different. A living will, also known as an advance directive, is a document that your probate lawyer can draft on your behalf. A living will goes into effect during your lifetime, rather than after your passing.

When your probate lawyer creates a living will, he or she will convey to medical or healthcare providers your healthcare preferences. This allows your healthcare providers and family members to identify the care you want to receive in the event that you become incapacitated and cannot communicate these wishes. For instance, you might decide to express a desire for palliative care, but that you wish to avoid extraordinary measures such as cardiopulmonary resuscitation (CPR). Should your preferences change, you can revoke the living will at any time and create a new one if desired. Finally, never forget, an advanced directive does not override your stated wishes if you are awake and competent–it only affects decisionmaking when you are unable to make your own decision following a medical emergency.

Wills and probate are important aspects of the legal process involved in wrapping up a deceased person’s estate. Because going through and untangling an estate can be confusing, it helps to retain a probate lawyer near The Woodlands to walk you through the process. Having a probate lawyer handle the case can help you avoid unnecessary delays and minimize conflict. These answers to common questions about probate will help you understand what to expect.

How Do I Know If Probate Is Necessary?
Not all estates are required to go through probate. For instance, community property can transfer to a surviving spouse and life insurance proceeds can be paid to the specified beneficiary without probate in Texas. Small estates, in which there is no will and the value of the estate is less than $50,000, can often skip probate court, so long the beneficiaries agree on the distribution of property and sign an affidavit to that effect. Even if you believe you do not need probate court, it is still advisable to have a probate lawyer review your case to ensure the estate is being handled appropriately.

What Are the Different Types of Probate?
The most common type of probate in Texas involves the “independent administration” of the estate. During this type of probate, an executor who is either named in the will (or unanimously nominated by all beneficiaries) supervises the process of handling the affairs of the estate. Once approved as an independent administrator by the Court, he or she can act independently to pay outstanding debts, sell property attached to the estate, and distribute assets to beneficiaries without obtaining court approval for each step. The second kind of probate is the often maligned “dependent administration.” It is less common because it requires the court to become more involved in the probate process by approving actions by the executor each step of the way.

What Role Does the Will Play In The Probate Process?
An uncontested will can make probate simple if it properly provides direction for estate administration including authorizing an independent administration. If there is no will, or if the authenticity of the will is challenged, or whenever the beneficiaries dispute the terms of the will, then a probate lawyer can provide both legal direction as well as representation in probate court.

Divorce affects your finances in a number of different ways, including the way you pay your taxes. Before you decide how to file your taxes, talk to your divorce lawyer in The Woodlands to ensure you’re making the right financial decision and to avoid any complications. Oftentimes, I divorce lawyer will refer you to a certified public account for specific direction.

This video explains your options for filing taxes after you file divorce papers. If your divorce is finalized by the last day of the year, you can file as a single person. Your divorce lawyers should work out which spouse gets to claim head of household status, based on each party’s financial contribution. Child support and other post-divorce payments can figure into your tax filings as well. Your divorce lawyer can give you advice on tax filings to shield you from responsibility for your ex’s tax debts and complications caused by incorrect deduction claims.