When an individual dies, the probate process begins after the executor files the necessary application in probate court. Sometimes, the surviving family members will hire a lawyer to represent them in the probate court in The Woodlands. The executor then proves the validity of the will before the Court. In such cases, it usually takes only a few months to complete the probate process. However, some cases may take longer, particularly if a probate attorney disputes the authenticity of the will or disputes one or more terms of the will.

You can hear more about the probate process by watching this video or consulting your lawyer. This expert explains why probate is necessary and discusses the role of the executor. He also explains which types of assets do not need to go through the probate process.

Generally, the process of divorce is similar across the country. However, each state sets its own specific family laws . So, if you’re a resident of Texas contemplating divorce, it’s in your best interests to consult a family law attorney serving The Woodlands as soon as possible. Your lawyer can advise you of the applicable laws, explain the steps of the process, and help you in protecting your legal rights.

How Long Does the Divorce Process Take?
If you’ve recently moved to Texas or to a new county in Texas, the divorce process can take a little longer than usual. As your divorce lawyer can inform you, Texas has a residency requirement. You or your spouse must have been a resident of the state for six continuous months. Additionally, one of you must have been a resident of the county in which the divorce papers will be filed for a minimum of 90 days. After the lawyer files the divorce petition, the divorce cannot be finalized for at least 60 days. However, if there are disagreements it may take longer to finalize a divorce.

What Are the Grounds for Divorce?
Like almost all other states, in Texas, you can file for either a no fault divorce or a fault-based divorce. If you can prove that your spouse is to blame for the breakdown of the marriage, it may be in your best interests to file for a fault-based divorce. This is because the judge may consider the fault of the other spouse when determining questions such as the division of marital assets. The grounds for a fault-based divorce include adultery, abandonment, cruel treatment, long-term incarceration, long-term confinement to a mental hospital, and separate residency of at least three years.

Can I Receive Spousal Support?
Spousal support isn’t alimony, and it isn’t automatically granted. However, your divorce lawyer can argue that you should receive spousal support payments. In many divorce cases, a judge may grant temporary spousal support while the divorce is pending if you are unemployed or have significantly lower wages than your spouse. Depending on whether the conditions are met, it is possible for spousal maintenance payments (or alimony) to be ordered paid for up to three years after divorce.

Divorce is rarely a stress-free process, particularly when the parties disagree about issues such as child custody or the division of assets. When a marriage has produced a child, it is particularly important to retain the services of a family law attorney in The Woodlands. A lawyer can help both parties develop a unique child custody plan that supports the child’s best interests. Ideally, a custody plan should allow the child to have access to both parents in a balanced manner and reduce the likelihood of future conflict.

Other common disputes a divorce lawyer can handle include disagreements regarding property division. Under Texas law, property division during a divorce isn’t necessarily equal. The judge considers factors such as fault of a party which gives rise to the divorce as well as each party’s earning potential. A lawyer can thoroughly review the case to determine if one party may have a stronger claim to certain property. Family law attorneys can also provide guidance with regard to child and spousal support disputes. Because judges typically consider more than the mere finances of the parties, it is important to have a trusted lawyer assist you in asserting your rights.

If you haven’t yet drafted a will, it’s time to schedule an appointment at a law firm that emphasizes estate planning in The Woodlands. Having a will is important for nearly every adult, especially parents who have minor children. An estate planning attorney can draft your will in a way that reduces the possibility of disputes. This can go far in promoting family harmony after your death. Even if you have already made your last will and testament, it’s a good idea to visit your lawyer periodically to update your will as your circumstances change.

Children
Even if the distribution of your property after your death is not a matter of concern for you, you definitely need a will if you have minor children. If you die intestate (which means without a will) then a judge will determine guardianship for your children. This may not necessarily lead to an arrangement that you would have chosen yourself. Having your lawyer create a will for you is the only way to designate your children’s guardians in a manner pleasing to you.

Children’s Property
It’s common for parents to name their children as beneficiaries for certain assets. However, if you die while your children are still minors, an adult must manage the property. You can use your will to designate a property manager and you can leave specific instructions with regard to how you want the property to be managed.

Pets
Sometimes, an individual’s beloved pets end up in an animal shelter after his or her death. You can prevent this from happening to your pets by using your will to designate a caretaker for your furry or feathery friends. You might also consider leaving money to the caretaker for the care of your pets. Many shelters and animal adoption centers offer plans which allow you to create very unique and satisfying arrangements for your pets should you pass.

Property
People often consider it very important to ensure that specific assets are distributed to certain people after their passing. You can use your will to designate beneficiaries for certain financial accounts, vehicles, and similar assets. If you have family heirlooms, designating beneficiaries for them can be helpful for preventing family disputes after your passing.

Estate planning involves the creation of many different documents for avoiding probate in The Woodlands , including living trusts, advanced directives, and powers of attorney. A living trust may be beneficial for managing your assets following death. However, a will may be preferable because it is both simple to create and works well with your power of attorney.

In this video, a will attorney outlines what documents you need for creating a trust and which documents you need for creating a will. As he explains, you need financial powers of attorney to allow someone to manage you assets if you become incapacitated. To obtain powers of attorney, you also need to provide your lawyer with medical directives and a HIPAA release. This allows you to list everyone you want to be able to talk to the doctors in the event you become incapacitated.

A number of people take a do-it-yourself approach to creating a will and assume they don’t need to consult with a will lawyer in The Woodlands . However, each state has very specific requirements for drafting a will, which must be followed in order for the will to be legally valid. If you do not know what these requirements are, how do you know that you’ve complied with them? Meeting with a will lawyer can help someone ensure transfer of assets, guardianship of children, and other estate decisions are handled properly.

Meet state requirements
Perhaps the biggest reason to hire a professional when drafting a will is to make sure that your will meets Texas’s unique will-drafting requirements. Some lawyers even offer free consultations for the purpose of discussing wills and trusts. If you don’t meet your state’s requirements in drafting a will, then you may lose the opportunity to make decisions regarding the division of your estate and guardianship of your children. Without a proper will upon death, state statutes will dictate the division of your assets between your spouse and children. On the other hand, a will attorney can help you ensure certain assets are given to specific loved ones. Additionally, consulting with an attorney allows you to make an educated choice in determining who will be responsible for your children after your death.

Lessen family disputes
Self-created wills can be easy to change and update. Unfortunately, this means that overzealous relatives can take advantage of an elderly family member and convince him or her to alter the will in a particular favor. A will lawyer makes sure that clients have the capacity to write and change their wills, which reduces the likelihood of bitter family disputes and lengthy court battles.

Reduce expensive court costs
Drafting a will on your own and failing to do so properly opens your family up to painful legal battles after your death. This means that while do-it-yourself will drafting may be cheaper initially, it also could end up costing your family thousands in subsequent court fees and legal battles. Ensuring your will is drafted properly can also help ensure your family won’t be fighting over property or guardianship issues after you die.

Even if you are in good health, from time to time it’s a good idea to consult with a will attorney in The Woodlands about updating your will. Creating a will is one of the most important decisions you can make for your family, as it reduces the likelihood of disputes after you pass, as well as smoothes the transition for your loved ones. Consequently, you should have a skilled will attorney draft this important document to ensure the terms of your will are properly carried out.

In addition to the need to choose a will attorney, the will itself also need to choose an executor who ensures that its provisions are properly carried out. The executor should be a responsible person whom you can trust. As circumstances often change, accept that you may need to alter the terms of your will down the road. An experienced will lawyer can make sure your present will still reflects your wishes upon passing. Your lawyer can also make sure you avoid any misunderstandings by using proper language in your will. You believe that your do-it-yourself will is clear and concise? Remember this: You will not be there to explain it to the judge. Leaving ambiguous terms in the document could lead to disputes among your heirs or even a failure for the will to be accepted into probate. Will lawyers draft using clear language to ensure life is easier for your beneficiaries.

If you’re like most people, the first step in filing for divorce is meeting with a family law attorney in The Woodlands . Though every law firm is different, you should always expect to feel comfortable working with your divorce attorney. To ensure your attorney will help you feel comfortable, there are certain factors to look for in your first meeting with a potential divorce lawyer.

Experience in divorce law
Before you actually hire a particular attorney, you need to make sure that person has handled cases like yours before. However, you shouldn’t wait until your initial consultation to gauge his or her experience. Before you schedule a meeting, look for reviews online and check to see if the attorney has been the subject of professional misconduct cases before. This information is usually available on your state bar association’s website. You can also gauge your attorney’s experience by finding out how many years he or she has practiced family law.

Informative in answering questions
The stage that your divorce case is in dictates what you and your attorney will discuss at that first meeting. For example, your discussions will be very different if your divorce papers have already been filed or you and your spouse have already pledged to use a collaborative divorce process instead of litigation. Either way, your divorce lawyer should be able to answer any general questions about an impending or recently filed divorce case. He or she should also be able to describe the next steps to take as your case progresses.

Maintains confidentiality
No matter what you discuss with your divorce attorney, he or she is bound by attorney-client privilege. As a result, with very few exceptions, the information you discuss at your initial meeting should stay confidential. This is true even if you aren’t sure whether you want a divorce and only scheduled the meeting to gather information about the process. Your right to privacy is critical when it comes to communications between you and your attorney. As a result, you don’t have to worry that your spouse is going to discover what you said to your lawyer.

Getting divorced can be painful, but it’s sometimes necessary for the emotional well-being of all involved. Child custody arrangements are a particularly difficult aspect of divorce that millions of couples struggle with. If you’re in the midst of a divorce involving children, then you should have a skilled family law attorney in The Woodlands represent you in your divorce case. It also helps to understand the basics of family law in Texas and the factors involved with child custody.

Relationships
The relationship that the child has with each parent is an important factor to consider when determining child custody. Mothers most often get primary custody in divorce cases, but not always. Courts look at which parent has historically been the child’s primary caregiver. The child’s personal friendships may also factor into a custody decision—especially if custody with one parent means taking a child away from those friendships.

Logistics
Many divorced parents share joint custody of their children. However, this may not be feasible if one parent lives in a different town or has a complicated work schedule. If it’s not possible for a divorced couple to share custody 50/50, then one parent may be given sole, or primary, custody.

Visitation
Texas courts want both parents to be involved in their children’s lives, if possible. If one parent has primary physical custody, the other parent should be granted reasonable visitation rights which fit within everyone’s schedule. Divorced parents may also negotiate independently for joint legal custody, wherein both parents are involved in making decisions regarding the child’s education, religion, healthcare, and other matters.