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McKinney Texas Family Law Blog

Legitimate causes for concern in a high-asset divorce

Divorces are typically more complex when they involve a high amount of material wealth. This is simply because there is more to organize and there is more at stake. Divorcing spouses in Texas with a high number of assets should work with the law to protect their possessions and assert their rights.

You are likely to have many fears and concerns when embarking on the divorce process, but not all of them will be justified. The following are some things that you should concern yourself with when embarking on a high-asset divorce.

How to plan a summer vacation as a divorced parent

It doesn't matter if you have physical custody of your children or visitation rights, there's a good chance you'll want to plan a summer vacation. This is a great opportunity to spend time with your children.

Unfortunately, issues regarding child custody can move to the forefront, thus killing your good time before it starts.

Heirship Determination Proceeding

If an individual dies without a Will in Texas, an heirship proceeding must be filed in the probate court to determine the heirs of the estate. An individual interested in the estate would file an application to determine the heirs and to appoint an administrator of the estate if necessary. The court would then appoint an ad litem attorney to represent the unknown heirs of the estate. 

Do you understand how Texas will handle child custody in divorce?

As a parent, your love for and sense of responsibility toward your child very likely influences all of your important decisions. From how you choose to advance your career after becoming a parent to where you take a vacation, the needs and desires of your children often become more important than your own.

Being a devoted parent can make going through divorce that much more frightening. Many parents worry about whether they will lose custody of their children. Everyone has heard at least a few horror stories about good parents who get cut off by a malicious former spouse.

Temporary Orders in Divorce Cases

Divorce proceedings can take longer than anticipated depending on the specific facts of your case. However, there are some aspects of the proceedings that require immediate relief, and temporary orders provide this relief. Temporary orders can protect you, your children, or your property while the divorce is pending. 

This is how divorce can affect you when you're self-employed

If you will be going through a divorce and are self-employed, you must understand that you will be identified as a business owner. As such, it's in your best interests to do everything possible to protect your business and source of income.

To start with, you want to optimize the options you have available. That means thinking as creatively as possible in terms of protecting your assets and getting through your divorce peacefully. By looking into some alternative approaches to your divorce, you'll be in a better position to protect yourself.

Family Suing Doctor for Violating Patient's Living Will

A new lawsuit has been filed by the family of an Alzheimer's patient against his treating doctor in Westchster County, New York, alleging that the doctor ignored the patient's Living Will and prolonged the patient's life using medication. The patient's Living Will requested that he be given comfort measures only and no intravenous medications if his condition were to become irreversible. Faced with life-threatening sepsis, the patient would not be able to regain any physical or mental function. 

Is a Contingent Trust Right for Your Estate Plan?

A contingent trust is a trust that does not exist until a certain event occurs. Oftentimes, contingent trusts are part of your Last Will and Testament. In your Will, you should designate a trustee to serve as the fiduciary of the trust and specify the terms of administration. A trustee can be someone you know and trust or a corporation. 

Business owners facing divorce must strategize carefully

Anyone who lives in Texas for even a short while can tell you we do things a bit differently here. While many of the things that make Texas unique are worth praising, the laws that govern divorce often make the process more difficult and complicated than it might be in other states.

Unlike almost all of the other states in the union, Texas uses community property laws to determine how a couple divorces. This requires that each spouse receive an equal share of all marital property.

Why Is a Living Will Important?

A Living Will, or Directive to Physicians, is a legal document that informs emergency responders, physicians, and family members of your wishes in the event you require emergency or end-of-life medical care at a time you are unable to communicate your wishes. Your Living Will is signed by you and notarized while you have full capacity to execute the document. This estate planning tool can be as detailed or simple as you would like, but it often contains at least your preferences for either life-sustaining care or palliative care in the event you have a terminal or irreversible condition. 

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