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Posted by on in Family Law

You are single: if you are single and an adult, with no children, your estate will go to your closest biological family member according to Texas law. If you would rather your estate go to young nieces and nephews, friends, etc. you will need a Will to designate the distribution of your property. In addition, your family members may be at odds in making necessary medical and care decisions for you, should you become incapacitated.  You should have a durable power of attorney, healthcare power of attorney, and possibly a designation of guardian to ease this process. These documents will ensure that your wishes are adhered to and that your family will not spend time, money, or emotional energy fighting battles over your care. In addition, you may wish to appoint a person to dispose of your remains, or to choose how your remains are disposed, if you do not think your parents will agree with one another on this issue.

You are married: if you are married without a premarital agreement or a partition and exchange agreement, you have community property. If this is a first marriage, and there are no children, all of your property will go to your spouse, including any items that you wish would go to your parents, siblings, nieces and nephews, etc. The only way to dictate how your property is distributed upon your death is with a Will. 

You have children: if you have minor children and are married to the children’s other parent, you should name someone to be a guardian and care for your children if something is to happen to you and your spouse. Also, you will want to include a contingent trust in your Will so funds will not be held for your children if you want them to use funds now, and so funds will not be fully disbursed at age 18, if you intend for funds to be overseen for a longer period.

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Posted by on in Family Law

Holidays are generally a time love and family; however, this time can be very stressful and difficult, especially with children living between two homes.

There are some things parents can do to ease this process and hopefully create more peace for the parents and the kids around the holidays.

First, determine whether or not you have orders in place that dictate the holiday possession schedule.

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In 2014, Ms. Rose had much success in overcoming final protective orders entered with the Court. In one case, she was able to advocate for the dismissal of an entire protective order involving children, and her client’s visitation with the children was fully reinstated. In another, she was able to achieve a substantial decrease in duration of a protective order, from two years to one year (to end one month after the hearing on the modification).

While Sarah has successfully challenged final protective orders, it is always best to have competent and experienced local counsel defend you in the initial trial proceeding to avoid the improper protective order from the beginning. If a protective order has already been ordered and you believe it was not proper, please contact Mrs. Rose to advise you on your options.

Tagged in: Newsletter
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Posted by on in Family Law

In Texas, guardianship is a process where a court appoints a person or an organization to care for the physical and/or financial needs of a minor child or incapacitated adult. This is generally an onerous process because the rights of the person who needs a guardian (Ward) are being removed and given to another person or organization.

There are two types of guardianships: guardian of the person and guardian of the estate. A guardian of the person makes decisions for the Ward’s well-being and daily care. A guardian of the estate cares for the Ward’s property and financial well-being. Not every Proposed Ward requires both types of guardians, and those who do require both may have the same person or different people named in each capacity.

There are a few circumstances where guardianships are more common:

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Posted by on in Family Law

Texas Paternity Registry: Dads Preemptively Asserting Rights

In Texas, if a woman has your child, your rights in regard to that child are only maintained in one of the following ways:

  1. You are married to the mother at the time of the conception or the birth of the child. See the specific requirements in Texas Family Code Section 160.204;
  2. Your name is on the birth certificate of the child;
  3. You and the mother sign an Acknowledgment of Paternity;
  4. You have completed a Notice of Intent to Claim Paternity with the State Paternity Registry; or
  5. The mother maintains custody of the child and you (or she) file a Paternity suit.

Why is it important to assert and protect your rights?

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