As each year comes to an end, we have clients who promise that “next year” will be the year that they sign a will. And, of course, as we get older, it becomes more likely that our families will benefit from knowing that their loved ones have a signed will, a statutory durable power of attorney, a medical power of attorney, and a directive to physicians (which some folks call a living will). There is still time to take care of your estate planning this year and make 2015 the
It is common for clients to bring us powers of attorney, wills, divorce decrees, and other documents that they have prepared themselves, with help from sources they have found on the internet. It is very rare that these forms are done well and even more rare that they actually meet all of the client’s needs. Here are some things to consider:
1. The laws of every state are different. What state’s laws were considered when that internet form was drafted? If it wasn’t Texas, then the odds that your form is
You should know that, if your case arises under the Texas Family Code, the odds are high that you will be ordered to go to mediation before you can proceed to trial. When this happens, you should have a basic idea of what mediation is, and what it is not. Mediation has the potential to be a great benefit to you and really has little, to no, downside.
Mediation is an informal process, facilitated by a mediator, designed to bring about a settlement of your case. Mediators are typically, but not
You have heard it said many times that, in a divorce, the Judge is just going to split things down the middle, so we might as well do that and move on. Well, hold on a second. You should know that the Texas Family Code allows the Court to award you what is called a “disproportionate share” of your community estate, under certain circumstances. That means you could get more than half of your marital property if you can show the Judge things like:
a. your spouse is at fault in
Our office always recommends that our clients review their estate plan whenever a major life event occurs. People often think of their estates when they marry or have a child. However, a divorce is also a major life event, and one that requires a close check of your estate plan, starting with your will.
Remember, though, that your will is not the only part of your estate plan that should be reviewed. Insurance beneficiaries, for example, need to be adjusted. Also, any retirement, investment, or other accounts that will be paid
You have every right to ask your attorney why they are doing things in your case. I have had cases in which the other side consistently took positions that were unreasonable and, frankly, that they could not (and did not) win. I had the impression that the client on the other side did not know that their attorney was taking these positions.
For example, recently I had an attorney oppose a routine motion I filed on behalf of my client in a post-divorce modification. It was such a routine motion that
Todd White Rockwall Divorce Attorney, and The White Law Firm in Rockwall, Texas, were recently honored by the American Institute of Family Law Attorneys as one of their 10 Best Family Law Attorneys for Client Satisfaction. If you are facing a divorce or other family law litigation in Rockwall, Texas or our surrounding area of Collin, Dallas, Hunt, Kaufman, Rains or Van Zandt Counties call the firm today at 972-771-8011.
Todd White, Rockwall divorce attorney, has been selected one of the “Nation’s Top One Percent” by the National Association of Distinguished Counsel. Todd White, Rockwall divorce attorney, also received the “10 Best Client Satisfaction Award” from the American Institute of Family Law Attorneys. Todd White and The White Law Firm were voted Best Law Firm in 2012, 2013, and 2014 by the readers of the Rockwall Herald-Banner. Todd White, Rockwall divorce attorney, strives to keep the standards of his practice high and to serve his Rockwall family law clients to