Contact a probate attorney to contest a will. A will can be challenged in Texas for one of the following reasons:

• Lack of testamentary capacity: The person who wrote the will didn’t understand the consequences of their actions.
• Undue influence: Someone was inappropriately influencing the person creating the will.
• Due execution: The will was not properly witnessed or signed.

It is possible to probate a will in Texas without an attorney because of “independent administration.” Independent administration means executors can work with little probate court supervision.

Even though an individual can probate a will on their own, it’s recommended that you seek the help of an attorney.

Yes, divorce has an impact on a will in Texas. While the will is still valid, the deceased’s ex-spouse and their relatives will no longer be a part of the will – even if they were included.

Contact your estate planning attorney to ensure that all the documents are in order whenever a significant life event occurs, such as a birth, divorce, or death.

At a basic level, estate planning is the process of managing and disposing a person’s assets in the event the person becomes incapacitated or dies. However, the estate planning process also can be used to preserve your family’s legacy and wealth.

Estate planning typically involves a will, living trust, power of attorney, or other estate planning documents that will protect your loved ones and make the probate process easier for them.

Yes, you can attempt to remove an executor in Texas for the following reasons:

• Flagrant misconduct
• Failing to perform the duties of the executor
• Conflict of interest
• Incapacity

To remove an executor, one must file a petition with the appropriate probate court and prove a good reason for the removal.

Here is a simplification of the probate process in Texas:

1. The will and application for probate are filed with the court in the decedent’s last county of residence.
2. A probate court hearing is held. During this time, the judge confirms that the person applying to be the executor is fit to serve and legally recognizes the will as valid.
3. The executor inventories, appraises, and sells the deceased person’s estate assets and notifies beneficiaries of the will. They also post a notice to interested creditors, pay debts, file the decedent’s final federal tax return, and settle the estate.
4. Disputes are resolved.
5. Estate assets are distributed to the beneficiaries.

A probate judge will recognize and confirm the decedent’s death. In addition, the judge confirms that the person assigned to be the executor is fit to serve and will verify the will as valid.

Then the county clerk will issue “letters testamentary” to the executor, which serves as notice that the executor has the authority to act as a representative on behalf of the estate.

Probate may be required in Texas under the following circumstances:

• An individual with considerable assets dies without completing estate planning
• A party contests a will

Probate is not necessary under the following circumstances:

• Property of the deceased was held as joint tenancy with the right of survivorship
• Community property was held with the right of survivorship
• Bank accounts were set up to be “payable on death”

A probate lawyer can help with the following tasks:

• Represent the executor or administrator of an estate
• Make all appearances in front of the Texas probate judge
• File all required probate applications with the court
• Catalog and appraise all assets
• Prepare and send out notices to the estate’s creditors
• Make arguments during probate proceedings
• Help contest a will if needed

Probate can be a long, complicated process. There are many disadvantages to going through the probate process, including:

• Your personal family and financial information may become exposed to the public.
• Court, attorney, and executor fees are deducted from the estate’s value.
• Probate can be complicated and stressful for executors and beneficiaries.

The probate process can be avoided with professional estate planning with a trusted advisor.

A step-parent may not make decisions about the child’s health care or have the right to visit the child in the hospital. 

However, sometimes a step-parent has a closer relationship with the child than the biological parent. If you wish to formalize the relationship with your stepchild into a “permanent legal pond,” you should consider adopting.

Child support orders in Texas can be modified under the following conditions:

• The child support order was put in place or last changed more than three years ago
• The amount calculated under Texas Family Code guidelines varies by 20% 
• A “material and substantial” change has happened since the previous child support order was established

There are many reasons for a contested divorce. Some of the most common disagreements include the following topics:

• Division of assets and debts
• Child custody and visitation matters
• Spousal support

In Texas, the divorce process is five different lawsuits in one. Because it is best for the Final Decree of Divorce to resolve current and possibly future matters, it is best to receive the help of an experienced San Antonio attorney when filing the Petition. 

A Final Decree of Divorce states the names of the people getting divorced, jurisdictional claims, the grounds for divorce, property division issues, and the relief sought. Of course, children’s matters are also addressed.

To file for a divorce in Texas, one of the parties has to have lived in Texas for the past six months. Additionally, one of the parties has to live the last 90 days in the county where the divorce is filed.

Alimony and spousal maintenance laws in Texas are complicated. Generally, the marriage must have lasted for more than ten years to qualify. If rewarded, the maintenance often only lasts for up to 36 months. 

To be awarded maintenance, a person must be unable to provide for their minimum “reasonable needs” either through a job or through the assets awarded to that spouse in the divorce. 

The cost of a divorce depends on a variety of factors. 

Gathering information about the couple’s finances can take time and incur substantial legal fees. So, the more data you can provide to your attorney regarding your assets and debts, the more money you will save.

Additionally, the personalities of the people involved in the divorce can also determine how much it will cost. For example, San Antonio couples who agree quickly during the negotiation process will save on legal fees. 

If a couple agrees on every aspect of the settlement, including property division and a visitation schedule, they might be eligible for an “agreed divorce.” 

An “agreed divorce” means that once the parties have settled things on their own, they will hire an attorney to draft the decree. The decree is then signed by both parties and presented to the court.

Typically, each person will pay their own attorney. However, the court may sometimes allow one party to use the community property to pay these fees. 

The court may also equalize the fees between attorneys on both sides so that your spouse can draw out community funds to pay their attorney.

Long-term alimony is very unusual in Texas.

However, temporary or permanent spousal support will be decided on a case-by-case basis. The court will consider several factors, including the length of the marriage, both spouses’ jobs or job skills, health concerns, and other considerations. 

The term “custody” is not typically used in Texas law. Instead, legal documents refer to “conservatorship.” Regardless of the terminology used, each situation is looked at on a case-by-case basis.

A parent is rarely given the authority to keep the children from the other parent completely. However, in some instances, one parent is given the power to make all decisions regarding the children – including where the children will live. In other cases, the parents must live close to each other, and the decision-making is shared.

The policies set by the State of Texas encourage frequent contact between a child and each parent to develop a close and continuing relationship. For that reason, a “standard possession order” is typically awarded. The standard possession order varies depending on how far apart the parents live. 

Here’s what a standard possession order looks like for parents living closer than 100 miles from each other:

• The first, third, and fifth weekend of each month
• Thursday nights
• Every other year for spring break
• Thirty days in the summer
• 1/2 of Winter Break
• Alternating years for Thanksgiving
• At least two hours in the evening on the child’s birthday
• Father’s Day Weekend for Fathers 
• Mother’s Day Weekend for Mothers

Unless there is a history of family violence, there is a presumption that parents will serve as the Joint Managing Conservators of their children. 

However, it is essential to realize that Joint Managing Conservatorship does not mean that each parent has the children half the time. It also doesn’t mean that child support won’t be awarded.

To determine what custody arrangement the Texas court is likely to order in your situation, contact an experienced family law attorney in San Antonio.

The Texas Family Code has sections about the rights and duties of the parents. The rights and responsibilities can be awarded to one parent or shared equally.

This means that one or both parents can be given the right to decide the child’s primary residence. A judge can also determine who can make medical and educational decisions.

The court will not let the child choose where they reside. However, the court may hear a child’s preference during the original proceeding or upon a motion for modification.

Even if the court interviews the child regarding their preferences, it is still at the court’s discretion to determine their best interest.

Texas courts prefer that the parents agree to the custody and visitation of the children. However, if no agreement is reached, the court will issue an order based on what is “the best interest of the child.” 

There are a lot of factors that are considered, including the unique needs of the child and any other relevant factors – which may change over time.