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  • Should You Change Your Will After Divorce?

    Divorce lawyers serving Spring, TX, regularly advise their clients to change their wills after a divorce. While in this process, you should also make any necessary adjustments to your living will and power of attorney.

    Divorce lawyers caution all clients amend their wills and the beneficiary designations for life insurance, 401Ks, IRAs, and any other documents where a former spouse is named as beneficiary. After you file divorce papers, you may feel understandably emotional. While making changes to wills and trusts may be the last thing on your mind, you need to consult with a probate lawyer or divorce lawyer as soon as possible. Effectively, even though a divorce “disinherits” your spouse, failure to be vigilant may result in your own children and other beneficiaries becoming effectively disinherited. Ideally, you should review your will, living will, and trusts before filing for divorce, and, if not, most certainly afterwards. That way, your former spouse will not be able to unfairly pursue your individual resources.

    Will

  • Answering Common Questions About Filing for Guardianship of a Minor

    Family law in the Woodlands has very specific rules when it comes to seeking guardianship of a minor child . If you want to become a child’s guardian, then certainly your first step should be to consult with a guardianship or child custody attorney. Your lawyer can review the specific facts of your case and gather up the necessary paperwork. You will ultimately need to file an application with the court. Continue reading for answers to some frequently asked questions about guardianship over a minor.

    Can I Establish Guardianship Without the Parents’ Consent? Guardianship of a Minor
    Customarily, a guardianship over a child occurs when the minor’s parents are deceased. For child custody over a minor to be obtained legitimately, then you will usually need to have the consent of the child’s parents. On the other hand, if you are seeking legal advice on how to seek custody when parents have abandoned a child or are otherwise failing in their parenting duties, then your attorney will advise you that the rules may be different. The court will take away child custody if it is in the child’s best interests to have a non-parent as their guardian.

    Are Legal Guardians Financially Responsible for Children?
    Custody lawyers caution potential legal guardians that their financial responsibilities can differ, depending on the circumstances. If the parents’ rights have been legally terminated, they are no longer required to pay for any of a child’s care. However, if biological parents still have physical child custody or the right to visitation, they may continue to be financially responsible for the child. In short, guardians can seek child support from living parents.

    Why Would Parents Want to Appoint a Guardian?
    While legal guardianship is sometimes sought while parents are still alive, parents may also appoint a legal guardian in case they become unable to raise their children. For example, legal guardianship may be a part of the wills and trusts process. If you have children, naming a legal guardian is simply good planning. While no one imagines that anything bad will happen to them, it is reassuring for many parents to know that their children will be well cared for by a guardian of their choosing if they pass away suddenly.

  • How Pets Can Become An Important Issue During a Divorce

    Divorce attorneys near Spring, TX regularly give their clients advice on both child custody and pet custody. In family law, pets are treated as property when a couple makes the decision to divorce.

    As divorce lawyers know, couples can have a difficult time determining which partner retains custody of a pet, or perhaps how a pet is to be cared for following separation. After you make the emotional decision to divorce—and select your divorce attorneys from a family law firm—the last thing you want is to give up the love and comfort that a pet provides. Cats and dogs offer unconditional friendship and never let their owners down. If you are considering divorce and want to keep your beloved pet, seek legal advice from an experienced family lawyer.

  • Navigating the Contested Divorce Process

    Once you have made the difficult decision to end your marriage , your first step should be to consult with divorce lawyers serving Spring, TX. Only divorce lawyers who are experienced in family law and know the family court system sufficiently well can make sure your rights are protected throughout the process. Over the course of a marriage, many people have children and also may have accumulated significant assets. Such matters can lead to disagreements over money, child support, and child custody. Continue reading to learn more about the steps involved in a contested divorce, including meeting with your attorney, filing the divorce petition, and negotiating the terms of the split.

    Initial Meeting Contested Divorce
    Divorce lawyers advise seeking legal advice immediately after making the decision to end a marriage. After you have selected a family law firm, your attorney will sit down with you to go over the facts of your case. During this meeting, your divorce lawyer will interview you thoroughly and review documents pertaining to marital assets and children of the marriage. He or she will then advise you of what you are fairly entitled to, including child support and property rights.

    Divorce Filing
    Filing divorce papers, or a “petition,” is the next step in a contested divorce. Your divorce attorney will serve the petition for divorce on your spouse, who will then be given a certain time period to respond. If your spouse does not respond to the petition for divorce within 20 days plus the following Monday, he or she is in default and you may obtain a judgment of divorce without your spouse’s imput. If your former spouse does respond, the case proceeds to discovery and trial, or settlement.

    Terms Negotiation
    During discovery, your divorce lawyers will ask your spouse’s attorneys for detailed information regarding his or her income and child care. After both sides have the requested paperwork, their divorce attorneys generally meet and attempt to come to an agreement, or settlement, before the final court date. If spouses cannot agree to divorce terms, a trial is scheduled.

  • Understanding Guardianship

    In family law in the Woodlands, guardianship refers to one individual’s legal ability to make important decisions for another person. Similar to, but not the same as power of attorney, a guardianship usually comes into play when a loved one is incapacitated due to age or special needs.

    The family law concept of guardianship has long enabled spouses or close family members to protect loved ones who are no longer able to make sound decisions. A family law firm regularly counsels clients who are concerned about aging relatives who have begun to lose their mental faculties. Sadly, seniors are often highly susceptible to fraud or being otherwise taken advantage of by unscrupulous criminals who prey on their infirmity. If you and your attorneys ask a court to grant a guardianship over one of your loved ones, it means you will make important decisions about his or her residence, medical care, and end-of-life procedures. The court will only remove the rights over which it believes the proposed person under guardianship is incapable of handling. As your law firm will explain, guardianship is a major responsibility, and you should only begin the process after seeking legal advice.

    Guardianship

  • Evaluating the Benefits of Separating Before Divorce

    Family law in the Woodlands is potentially complex, and therefore couples considering divorce should consult individually with a divorce lawyer. Even when a split is amicable, divorce is often a difficult and emotional process. Divorce lawyers sometimes advise couples who are considering splitting up to separate for a period of time before filing for divorce. Continue reading to learn more about the benefits of separating before divorce, which includes allowing both parties to retain the benefits of marriage, giving each spouse emotional space to process the split, and allowing a couple to negotiate (rather than litigate) the terms of child support, child custody, and property division.

    Marital Benefits Separation
    Divorce lawyers regularly counsel clients that separating before divorce allows spouses to retain the benefits of marriage as they come to a final decision. So if you are unsure about whether or not you want to file divorce papers, you can consider meeting with attorneys to negotiate the terms of a separation instead. Because couples who have separated are still married in the eyes of the law, they continue to share benefits like health insurance coverage and perhaps tax benefits. For example, if one spouse does not have health insurance, a legal separation ensures that he or she will be covered for any medical problem.

    Emotional Space
    Family lawyers may also suggest separation before divorce so both parties can have the time and space they need to process the idea of a permanent split. The terms of a separation are not legally binding. After some physical and emotional distance, some couples decide to work on their marriage and never file divorce papers at all. Additionally, if one spouse has already come to terms with the idea of divorce, the other partner often needs time to reach the same conclusion.

    Negotiation Period
    When you and your spouse separate, you have more time to make difficult decisions about property, finances, and children. A divorce attorney may recommend separation before divorce to give couples time to negotiate such terms within their divorce. The decision to end a marriage is often painful and emotional, especially when children are involved so time can be a party’s best asset.

  • Hiring a Family Law Attorney

    If you are in the market for a family lawyer in The Woodlands, then you may be wondering what to look for in a family law attorney. As with any other attorney, the most important thing is to feel comfortable with the person whom you choose.

    When you hire a family law attorney, it’s important to insure that he or she has significant experience in family law practice. An experienced family lawyer can represent you no matter how complicated your case may turn out. He or she should know the state family law statutes and case law, as well as local courtroom procedures. A prospective attorney will also likely have handled many similar cases in the past and can advise you of possible outcomes.

    For a family law attorney in Conroe, TX, look no further than the office of Andrew J. Bolton, Esq. With nearly 25 years legal experience, Andrew J. Bolton is dedicated to protecting your assets and doing what is best in your family law matter. Call us at (936) 435-1908 to get started.

  • The Basics of Estate Planning

    Estate planning in the Woodlands can be complex, which is why you need assistance from a lawyer . While some people falsely believe that estates are reserved only for the very wealthy, anyone who owns something of value that they would like to pass on to a loved one upon death has an “estate.” Estate planning is the best way to maintain and enhance your financial security for the future. Continue reading to learn the basics of estate planning.

    Estate Planning

    Drafting a Will
    Wills are the cornerstone of estate plans . As your lawyer will explain, a will is a legally binding declaration of how you intend to dispose of your property upon death. A will can be changed at any time but allows you to control exactly how your finances are arranged. A properly drafted will contains explicit instructions for a personal representative to distribute your property following your death. You can choose anyone to be your executor, as long as that person is both mentally sound and not guilty of a felony.

    Establishing a Trust
    Under some scenarios, if you want to transfer assets to beneficiaries most efficiently, then a wills lawyer may suggest creating a trust. Trusts are established during an individual’s lifetime and involve the transfer of your property to an individual who manages your designated assets for the benefit of one or more beneficiaries. An “inter vivos” or living trust is effective during your lifetime and can be made to be either revocable or irrevocable. A testamentary trust only becomes operative upon death.

    Understanding the Law
    A lawyer who understands estate planning is essential to helping you use the estate tax system to your advantage. The government allows a certain amount of property, known as the basic exclusion amount, to pass between individuals free of tax. Different laws apply depending on your relationship to the beneficiary. For example, your spouse is entitled to certain more lenient provisions.

    For all your estate planning needs in Spring, TX and Conroe, TX, contact will attorney Andrew J. Bolton, Esq. at (936) 435-1908. Our experienced attorneys offer a free confidential consultation, and we are dedicated to ensuring your current and future financial well-being. Call us today to speak directly to a lawyer.

  • What Is a Living Trust?

    As a lawyer who handles estate planning and wills in the Woodlands can explain, a living trust is a written document that any property owner can create during his or her lifetime. Just like a will, a living trust is usually created by a will attorney and spells out your exact wishes regarding your assets, your dependents, and your heirs.

    The difference between wills and living trusts is that wills only become effective after you die and your estate has entered into probate. A living trust can be beneficial where it is advisable to bypass the probate process. In such an event, your named trustee can carry out your instructions regarding your property after you die. Where you are unable to manage your financial, healthcare, and legal affairs due to illness or incapacity, then your trustee may also be given control over such matters.

    For a lawyer who handles wills and estate planning and can help you establish a trust, contact Andrew J. Bolton, Esq. of Spring, TX. Our experienced attorneys have years of experience handling wills and trusts. You can reach us at (936) 435-1908.

    Living Trust

  • Premarital Agreements in Texas

    A family law attorney in the Woodlands often counsels engaged couples to consider creating a premarital agreement, sometimes called prenuptial agreements. No one ever anticipates getting divorced; a prenuptial agreements is simply an agreement that contractually determines how property is distributed if there is a split. As your family attorney will explain, having a plan in place will make sure that there are fewer issues, or disputes, later on. Continue reading to find out how hiring a lawyer to draft your premarital agreement will ensure legal validity, equitable distribution of property—and even encourage financial stability throughout the marriage.

    Encouraging Financial Stability Premarital Agreements
    In Texas family law, having your lawyer draw up a prenuptial agreement can encourage financial stability during a marriage. For example, if one spouse has a great deal of debt but not a lot of income, then a prenuptial agreement can arrange your affairs to keep the debt-free spouse’s income completely separate. In this way, creditors of the indebted spouse cannot touch the property or income of the debt-free spouse.

    Dividing Property Equitably
    The Texas Family Code authorizes prenuptial agreements to divide property upon divorce or the death of one spouse and can function to require, or exclude, spousal support or alimony. A lawyer can draft an agreement so that property is limited upon divorce whenever a specific contingency is not met. For example, a prenuptial agreement might require one spouse to pay a certain amount in contractual alimony to the other spouse if that spouse files for divorce without attending a certain amount of marriage counseling.

    Ensuring Legal Validity
    When you have a lawyer who practices family law draw up your prenuptial agreement, you can be confident that it is a legally binding contract. To be a valid premarital agreement in Texas, the document must be in writing and signed by both parties. As your family lawyer will explain, both spouses must also disclose all assets and liabilities before signing the agreement.

    To speak directly to a family law attorney in Spring, TX, contact Andrew J. Bolton, Esq. Our family law firm handles all issues pertaining to family law and wills, including estate planning. If you are considering drafting a prenuptial agreement or even weighing your options for legal separation, call us at (936) 435-1908 to speak to an attorney.