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Texas Estate Planning for Common-Law Spouses
Common law marriage is currently allowed in only eight states (Colorado, Iowa, Kansas, Montana, New Hampshire, South Carolina, Texas, and Utah). A common-law marriage is a legally recognized marriage between two people who have not purchased a marriage license or participated in a formal ceremony. Many Texas couples build lifelong partnerships without ever obtaining a marriage license.
While common-law marriage provides partners with many of the same inheritance and property rights as formally married spouses, those rights are not automatic and may need to be proven in court. Without proper estate planning, surviving partners in a common-law marriage can face challenges from family members, lose shared property, or be excluded from decision-making altogether.
Careful estate planning can ensure that each partner's intentions are protected, preventing expensive, time-consuming probate battles. If you have a common-law marriage in Texas, you must speak to an experienced Erath County, TX estate planning lawyer.
Geofence Warrants in Texas: Are Police Crossing the Line?
Imagine the police showing up at your home, bashing in the door, and placing you under arrest based on a geofence warrant. You may have had absolutely nothing to do with the crime committed, yet the police believe your phone data places you in the vicinity of the crime scene. This is not science fiction; it is the new reality of geofence warrants. In Texas and across the United States, law enforcement is increasingly using geofence warrants as justification to arrest a suspect.
Although prosecutors argue that geofence warrants are powerful investigative tools, defense attorneys are calling these warrants a "digital dragnet" that has the very real risk of ensnaring innocent people. The debate is heating up in Texas courts across the state, raising significant issues regarding constitutional and privacy rights. If you are a victim of a geofence warrant, a Hood County, TX criminal defense lawyer can aggressively defend your rights and your future.
What Happens if an Heir Refuses an Inheritance in Texas?
Even with an estate plan in place, sometimes issues can come up following a person’s death. While it is hard to imagine refusing an inheritance, it does happen from time to time. And, there are some very valid reasons for doing so. In Texas, if a person chooses to refuse an inheritance, it is done through a process called a disclaimer. It is important to understand how Texas law handles refused inheritances, should the issue arise. A Bosque County, TX estate planning lawyer can help you plan for a potential refusal of an inheritance, or if you are the person refusing the inheritance, an attorney can guide you through the process.
Why Would an Heir Refuse an Inheritance?
There are several reasons why an heir might choose to refuse an inheritance, including:
More Burden Than Benefit
Inherited property could turn out to be more of a burden than a benefit. The land may have a lien, significant maintenance and repairs may be required, property taxes could be very high, or there may be environmental issues that must be sorted out.
The Long-Term Consequences of a Texas Stalking Conviction
A 23-year-old man is being sought by SMU police for making online threats against the University. The man has eight prior stalking convictions and a history of harassing female SMU students. His current whereabouts are unknown, and the police declined to comment on the type of threats he made against the University.
A stalking conviction in Texas extends far beyond jail time and fines, although those are certainly serious considerations. A stalking conviction can follow you for years, affecting everything from your ability to obtain employment to where you can live or whether you can obtain a professional license or a federal student loan for college. Stalking is a serious criminal offense under Texas Penal Code Section 42.072, and even first-time offenders can suffer harsh penalties.
Texas Will Contests and Dementia: Proving Lack of Capacity
Although lack of capacity is the primary reason wills are contested, having a diagnosis of dementia does not automatically prevent a person from being able to change his or her will. Perhaps one of your parents changed his or her will shortly before dying, leaving you with no inheritance, and you believe there was a lack of capacity to make those changes. Whether you can contest the will depends on several factors.
Are you an only child? If you have siblings, were they also left out of the will? How far had your mother's or father’s dementia progressed? Was there a definitive diagnosis of dementia? Do you suspect undue influence by another person? Answering these questions is necessary because contesting a Texas will is complex, time-consuming, and has a low success rate. The best step you can take right now is to speak to a knowledgeable Hood County, TX estate planning lawyer who is experienced in will contests.
Are Prostitution and Solicitation of Prostitution Felonies?
As a result of a greater awareness of human trafficking, the laws concerning prostitution and solicitation of prostitution in Texas were overhauled in 2021. Under Texas law, solicitation of prostitution occurs when a person knowingly offers or agrees to pay a fee to another person for the purpose of engaging in sexual conduct with that person or another. Before the changes in the laws, solicitation of prostitution was a misdemeanor.
Texas became the first state in the United States to make a first offense for solicitation of prostitution a state jail felony. If you are facing charges of solicitation of prostitution or prostitution, you should take the charges very seriously. Speaking to a Hood County, TX criminal defense attorney is the best step you can take to ensure your rights and your future are protected.
Interstate Guardianship Issues for New Texas Residents
Guardianship issues within a single state can be challenging on their own. If you have a settled guardianship, you may face significant differences and requirements when relocating to Texas. A guardian is a person appointed by the court to manage the personal and/or financial issues of a person who is unable to do so on their own as a result of incapacity. "incapacity" could be because the individual is a minor, elderly, has an incapacitating illness or injury, or is a person with disabilities.
Guardians are charged with the highest standard of care, known as a fiduciary duty. This means the guardian must always act in the best interests of the person under the guardianship (the "ward"). If you have recently moved to Texas, you may have questions about an already settled guardianship. Speaking to a knowledgeable Bosque County, TX estate planning attorney can help you figure out these issues in the best way possible.
What is Shock Probation in Texas?
About 2.9 million people across the United States are currently on probation – more than are incarcerated. If you have just gone through a trial for a criminal offense and have been sentenced to prison, you are probably reeling from the thought of spending months or years behind bars in a Texas prison. What if, a couple of months into your sentence, you are released from prison and sentenced to probation?
There is a little-known type of probation in Texas, known as "shock probation" (Article 42A.202 of the Texas Code of Criminal Procedure), which is essentially an alternative sentencing or early release program that converts a prison sentence to probation. Shock probation allows a judge to send a person convicted of a criminal offense to jail or prison for a short amount of time, then place the defendant on probation with the hope that the time behind bars will "shock" the defendant into becoming a law-abiding citizen going forward.
What is the Job of an Executor in Texas?
If you have an estate plan, including a will, an executor will be named as the person you designate to fulfill your wishes after your death. An executor is often a close family member or a trusted friend but can also be an attorney or other professional. The named individual will execute the terms of your will as far as probating the will, distributing assets to heirs, paying any remaining financial obligations, and having assets appraised when necessary.
The person you choose as the executor of your estate should be one you trust implicitly and believe has the capacity to carry out your wishes. When a person dies without a will in the state of Texas, the personal representative is called the administrator rather than the executor and is appointed by the court.
If there is a will with a named executor, but that person is unable to serve, the court will also appoint an administrator. If you have questions regarding how to choose an executor for your estate or you have been named the executor of another’s estate and are unsure of your role, an experienced Bosque County, TX estate planning attorney can help.
How Can You Avoid Jail for a First-Time Texas DWI?
Being arrested and charged with DWI can be stressful, anxiety-inducing, and even frightening. Those who have never had any brush with the law before may not understand the process, which makes it more nerve-wracking. You may not know whether you will still have a job when the criminal case is settled or how you will manage your life after having your driver’s license suspended.
You may even be unsure whether you need a DWI lawyer or should handle the matter on your own. There are so many benefits to hiring an experienced DWI lawyer, including the fact that your attorney will know whether certain aspects of your stop and arrest can be challenged, perhaps getting your charges lowered or the entire case dismissed.
Most people do not have the legal knowledge and experience to do this on their own. Your most pressing question may be whether you will be sentenced to jail for a first-time DWI. Contact a highly skilled criminal defense lawyer in Granbury, TX, to have all your questions answered and your options presented.
Contact Us Today
If you want the most experienced, skilled attorneys for your situation, give the team at The Law Offices of Rob Christian a call.
Granbury Office
1405 West Pearl Street, Granbury, Texas 76048
P682-936-4003
Located in Granbury, Texas, The Law Offices of Rob Christian proudly serves clients throughout the area, including Weatherford, Cleburne, Benbrook, Crowley, Burleson, Stephenville, Mineral Wells, Somerville, Glen Rose, Hood County, Parker County, Johnson County, Bosque County, and Erath County.
Results listed are not a guarantee or indication of future case results.
1405 West Pearl Street, Granbury, Texas 76048
682-936-4003
