Frequently
Asked Questions

  • Divorcing with substantial assets requires a strategic approach to property division, business valuation, tax consequences, and potential hidden assets. It’s important to work with an attorney experienced in complex financial disclosures and high-net-worth settlements.

  • Texas is a community property state, but characterization of business interests and investments can be nuanced. We work with forensic accountants and valuation experts to ensure accurate assessments and equitable distribution.

  • Yes—inheritances and gifts are typically separate property, but you must preserve documentation and avoid commingling. We help clients trace and protect these assets from being included in marital division.

  • Child support guidelines apply up to a certain income cap, but courts may order more if justified. Spousal maintenance is not guaranteed and is based on need, duration of marriage, and earning capacity. We build strong cases tailored to your financial profile.

  • We utilize forensic financial experts, subpoenas, and discovery tools to uncover undisclosed income or assets. Concealing assets in a divorce is unlawful and can lead to serious legal consequences.

  • Custody (called “conservatorship” in Texas) is decided based on the best interest of the child. Courts consider factors like each parent’s ability to care for the child, the child’s emotional and physical needs, and any history of family violence or instability.

  • DescriptioIn joint managing conservatorship, both parents share decision-making rights. Sole managing conservatorship gives one parent the exclusive right to make major decisions about the child’s welfare. Courts usually favor joint conservatorship unless there are strong reasons to limit one parent’s rights.

  • If parents are joint managing conservators, one may be granted the exclusive right to designate the child’s primary residence. Courts may also place geographic restrictions on where the child can live (such as within a specific county or area).

  • Texas law allows a judge to consider the preference of a child 12 or older, but it is just one factor. The court is not required to follow the child’s wishes if it determines another arrangement is in the child’s best interest.

  • You can request a modification if there has been a material and substantial change in circumstances since the last order, or if the current arrangement no longer serves the child’s best interests.

  • You can file a motion to enforce the order. Courts may impose penalties for non-compliance, including contempt, fines, or changes to custody if violations are serious or repeated.

  • Yes. Many Texas custody orders include geographic restrictions. If the other parent wants to move, they must get court approval or reach a new agreement with you. You can contest the relocation if it affects your ability to maintain a meaningful relationship with your child.

  • In high-conflict cases, the court may appoint a custody evaluator or guardian ad litem to investigate and make recommendations about what is best for the child. These professionals gather evidence, interview parties, and may testify in court.

  • Yes. You can request a temporary orders hearing early in the process to establish interim custody, visitation, and support arrangements until a final order is issued.

  • We bring calm, strength, and legal precision to high-conflict custody cases. Whether through negotiation, mediation, or litigation, we prioritize your child’s well-being while protecting your parental rights every step of the way.

  • A trust is a private, flexible legal tool that holds assets during your lifetime and distributes them after death, often without probate. Unlike a will, a revocable living trust can also manage your affairs if you become incapacitated.

  • This document lets you appoint someone to handle your financial and legal matters if you are unable to do so due to illness, injury, or incapacity. Without one, a court may need to appoint a guardian.

  • A Medical Power of Attorney allows you to name someone to make healthcare decisions for you if you’re unable to communicate. This person acts as your advocate during medical emergencies.

  • This document states your wishes about life-sustaining treatment if you have a terminal or irreversible condition and cannot speak for yourself. It helps reduce the burden on your loved ones during critical decisions.

  • A HIPAA authorization allows your chosen individuals to access your private medical records so they can speak with doctors or make informed medical decisions on your behalf.

  • This document lets you nominate a guardian for yourself or your minor children in case a court ever needs to appoint one. It helps prevent disputes or the appointment of someone you wouldn’t choose.

  • No. Every adult should have basic estate planning documents in place—regardless of wealth—to ensure someone can act for them in a crisis, avoid court delays, and protect minor children or family members.

  • A trust is a legal arrangement that holds and manages assets during your life and after death. Unlike a will, a trust avoids probate, can provide ongoing asset management, and offers greater privacy and control over how and when your assets are distributed.

  • A will takes effect only after death and requires court oversight. A revocable living trust works during your lifetime, including in cases of incapacity, and allows your assets to be distributed privately and efficiently, without court involvement.

  • Benefits include probate avoidance, privacy, quicker access to funds for beneficiaries, incapacity planning, and the ability to set detailed instructions for asset distribution across generations or over time.

  • Certain types of trusts—such as irrevocable trusts—can provide asset protection, but a basic revocable living trust does not. We help clients evaluate which trust structures align with their risk profile and planning goals.

  • Trusts are ideal for blended families because they allow you to customize how assets are divided—ensuring your spouse is cared for while protecting inheritances for your children from a previous relationship.

  • Almost any asset can be placed in a trust, including real estate, bank accounts, investment portfolios, business interests, and life insurance policies. Proper funding is essential to ensure the trust works as intended.

  • No. With a revocable trust, you retain full control and can amend or revoke it at any time. You act as trustee and beneficiary while living, maintaining access and control over all assets in the trust.

  • If you become incapacitated, your successor trustee can immediately step in to manage your finances and care for your loved ones—without the need for a court-appointed guardian.

  • No. While high-net-worth individuals often benefit the most, trusts are valuable for anyone who wants to avoid probate, protect privacy, or provide for minors or special needs beneficiaries.

  • An estate plan is a set of legal documents that ensures your wishes are followed if you become incapacitated or pass away. It helps you protect your assets, care for loved ones, and avoid court delays or family disputes.

  • A will is a legal document that states who will inherit your property and who will be in charge of settling your estate after your death. It must go through probate and becomes public record once filed with the court

  • A trust is a private, flexible legal tool that holds assets during your lifetime and distributes them after death, often without probate. Unlike a will, a revocable living trust can also manage your affairs if you become incapacitated.

  • This document states your wishes about life-sustaining treatment if you have a terminal or irreversible condition and cannot speak for yourself. It helps reduce the burden on your loved ones during critical decisions.

  • We provide customized estate planning tailored to your values, goals, and family dynamics. Whether you're looking to protect assets, care for loved ones, or plan for future generations, our team creates thoughtful, comprehensive trust plans that work.

  • A Lady Bird Deed (also called an enhanced life estate deed) allows you to transfer real property to a beneficiary upon your death without going through probate, while retaining full control of the property during your lifetime.

  • A TODD is a statutory deed in Texas that lets you name a beneficiary to receive your real estate automatically upon your death—also avoiding probate—without giving them any rights to the property while you are living.

  • Both allow real property to pass directly to a named beneficiary without court involvement, helping your family avoid probate delays and expenses. You also retain ownership and control during your lifetime

  • Lady Bird Deeds are based on common law and allow you to sell, mortgage, or revoke the deed without the beneficiary’s permission.

    TODDs are governed by the Texas Estates Code and must meet specific legal requirements; they are automatically revoked if the beneficiary dies before you.

  • These deeds avoid probate for real estate, meaning your beneficiary receives the property faster, privately, and without court fees. In contrast, a will must go through the probate process to transfer title.

  • Yes. Both types of deeds can be revoked or replaced at any time during your lifetime, as long as you have legal capacity.

  • Lady Bird Deeds are especially popular because they preserve Medicaid eligibility and protect the property from Medicaid estate recovery in many cases, making them useful for long-term care planning.

  • No. Because you retain full ownership during your lifetime, there is no gift tax consequence, and your homestead or other exemptions remain intact.

  • You can name multiple beneficiaries in either deed. However, you should plan carefully to avoid conflict, especially if they are to receive unequal shares or if one predeceases you.

  • We evaluate your goals—whether it’s probate avoidance, Medicaid planning, or family protection—and advise whether a Lady Bird Deed, TODD, trust, or combination of tools best fits your needs. We also ensure the deed is properly drafted, signed, and recorded to be legally effective.

  • Probate is the legal process of recognizing a will (if there is one), identifying heirs, collecting assets, paying debts, and distributing property after someone passes away. It ensures assets are transferred according to law or the decedent’s wishes.

  • Texas offers several probate procedures, including:

    Independent Administration (most common)

    Dependent Administration (court-supervised)

    Muniment of Title (for estates with a valid will and no debts)

    Small Estate Affidavit (for estates valued under $75,000 without a will)

    Heirship Proceedings (when there is no will)

  • Independent administration allows the executor to settle the estate without ongoing court supervision, which saves time and legal costs. It requires either a will that waives bond and supervision, or agreement from all heirs.

  • This simplified probate method is available when the decedent had a valid will, no unpaid debts (except secured debts like a mortgage), and no need for a formal administration. It transfers title to real estate without appointing an executor.

  • If someone dies without a will and their estate is worth less than $75,000 (not including homestead or exempt property), the heirs may use a small estate affidavit to distribute assets without full probate.

  • If there is no will, the court may hold a hearing to legally determine the heirs. This is often used with Dependent Administration when heirs can’t agree or when creditors are involved.

  • A typical independent administration may take 6 to 12 months, depending on the complexity of the estate. More complex or contested cases may take longer, especially if court hearings are required.

  • No. Assets with designated beneficiaries (like life insurance, retirement accounts, or payable-on-death bank accounts), jointly owned property with right of survivorship, and trust assets typically avoid probate.

  • If there’s no will, Texas intestacy laws determine who inherits. This usually includes a spouse, children, parents, or siblings—but the process requires court involvement and possibly a determination of heirship.

  • We guide executors, administrators, and beneficiaries through every step—whether you need a full probate, a Muniment of Title, or help preparing an Affidavit of Heirship. Our goal is to make the process clear, efficient, and stress-free.

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