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Problems with holding off on Probating a Will As a Experienced North Texas Probate Attorney one of the issues I typically see in probate usually arises when no probate is initiated after the death of the first spouse. Where the deceased spouse has no children outside of the current marriage, then cleaning up title issues are a simple matter. However, that is not always the case. If a person dies with a Will, the Executor typically has four (4) years to bring the Will to probate court. If four (4) years have elapsed, the only way to probate a Will is [...]

The People’s Court Justice of the Peace Courts are often termed “The People’s Court” because the rules are more relaxed and less restrictive than the District Courts and County Courts. Unless the Judge chooses otherwise, the Rules of Evidence are typically not followed. This is more conducive for people to represent themselves in Court without the need for attorneys and without the stress and worry of admitting evidence to the Court. This is not to say you cannot hire an attorney as you always have the right to be represented. Justice of the Peace Courts follow Part V of the Civil [...]

What's Changing? Did you know there are changes in the Texas Family Code taking effect in 2018? One of these changes has to do with dental insurance. Currently most noncustodial parents are ordered to pay child support, along with health insurance or, if not available at a reasonable cost, to pay some health supplement. Effective September 1, 2018, the Courts will begin ordering the noncustodial parent to cover their child’s dental insurance at a reasonable cost. One of the biggest changes that will have an impact is that the Court will not have the ability to modify child support even if the [...]

LESS RESTRICTIVE ALTERNATIVES Although the policy of the State of Texas relating to guardianships has always been to limit the guardianship to what is necessary to promote and protect the well-being of individuals, in practice it has not always seemed to be the case. In furtherance of that policy, the past few years have seen several changes in the guardianships laws. The Courts recognized that it is not always in the Ward’s best interest to have a full guardianship and removing all of the Ward’s individual rights. In some instances, the Ward may be fully capable of making their own health care [...]

One of the challenges parents often face when raising a special needs child is when that child is turning 18. This milestone is a celebration but also brings stress and worry. Passing into adulthood means some of the doctors, physicians, or specialists will now tell you to obtain a guardianship as they will no longer be able to discuss the child’s medical care with you. Suddenly you have gone from the sole caregiver dealing with the doctors daily, to sitting on the sidelines, knowing full well your child cannot care for himself alone. The Texas Estate Code Section 1103.001 allows a guardianship proceeding to [...]

It is typical to have an attorney prepare powers of attorney and other supporting documents in conjunction with having a Will drafted. There may be instances where you need a specific document rather than an entire Estate Plan. So what are powers of attorneys? Powers of Attorney are documents that a person signs, appointing an agent to act on their behalf, either effective immediately or to be effective upon later incapacity. The documents can be limited for a very specific purpose or can give broad authority. For this reason, you should never execute any powers of attorney until you understand exactly what [...]