Early intervention in the case of a divorce means, essentially, getting advice about the process prior to involving an attorney. Approaching the process this way gives you an opportunity to consider many of the issues that need addressing in an atmosphere free of the pressure to take a position. Our services are directed toward providing you support in thinking through the situation you are … [Read more...]
Dying Before the Divorce is Final
Do You Want To Leave Your Property To Your Spouse If You Die Before Your Divorce Becomes Final? Filing for divorce does not remove your spouse from your will as a beneficiary or an executor. You will have to wait until your divorce becomes final to remove your spouse from your will. Unless you want to take the chance on leaving your property to your spouse, you need to revoke your present will … [Read more...]
Estate Plan Modifications & Divorcing
Why You Should Not Wait Until You Are Divorced To Modify Your Estate Plan There is also a financial reason for changing your estate plan now. For example, let’s say you spend $500 for an estate plan. The estate plan is not an asset for the purposes of dividing the property in your divorce. What happens if you purchase a television for $500 instead of changing your estate plan during the divorce … [Read more...]
Financial Decisions and Incapacitation
Who Will Make Financial Decisions For You If You Become Incapacitated? If you have a durable power of attorney in your will, your spouse’s right to make financial decisions for you under the durable power of attorney is not revoked by filing for divorce. If this is not what you desire, make sure you update your will accordingly. You should revoke the present durable power of attorney, and name … [Read more...]
Medical Decisions & Incapacitation
Who Will Make Medical Decisions For You, If You Become Incapacitated? Your medical power of attorney is not revoked by the filing for divorce. A final decree terminates your spouse’s right to act under your medical power of attorney. If you have no medical power of attorney, the law makes your spouse first in the order of priority of persons who can make a medical decision for you, if you are … [Read more...]
No Will & You Die Before the Divorce is Final
What Happens If You Do Not Have A Will And You Die Before Your Divorce Becomes Final? If you do not want to take the chance of your spouse inheriting your property, you need a valid will that expresses your current intentions on who should receive your property and who will be your executor. The State of Texas has a plan for you if you die without a will. Your property will be given away based … [Read more...]
Protecting the Children
How Do I Protect My Children? A simple will is not sufficient if you have minor children. If you leave your property outright to your minor children, a guardian will need to be appointed. That is expensive and the guardian appointed is very likely to be your spouse. You should have a trust set up in your will. The trustee whom you have chosen will manage your children’s estate until the trust … [Read more...]
Using Your Estate Planning Attorneys For Divorce
Why Not Use The Attorneys Who Did Your Estate Plan For Divorce? If that attorney saw you and your spouse together to accomplish your estate planning, then the two of you collectively are considered his client. That means what one spouse discloses to that attorney, may be disclosed to the other spouse. Ethical considerations prohibit that attorney from agreeing to withhold information from the … [Read more...]
Important Divorce Questions to Ask Before One Files
When separating from a spouse, many couples have a lot of divorce questions. Separating is not as “simple” as it used to be with laws, taxes, children, households, and other things to consider before breaking those ties that bind. No one wants to think about such a final ending to a once romantic, blissful relationship. However, when things happen that reconciliation is not possible, knowing some … [Read more...]
Child Contingency Rule
Warning! Don't Violate The Child Contingency Rule! If any amount of alimony specified in the divorce decree is reduced (a) upon the happening of any contingency related to the child or (b) at a time that can be clearly associated with a contingency related to the child, then the amount of the reduction will be treated as child support, rather than alimony, from the start. Code Sec. 71(c)(2). … [Read more...]
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