If you have been doing research about preparing your estate plan, you have probably read that much of the estate planning process involves keeping your assets out of probate. While by no means a universal rule, avoiding probate tends to make it easier, faster and less expensive for a person’s loved ones to administer his or her estate after death. As a result, many people choose to build their estate plans using the various tools that are available for avoiding the probate process.

For anyone who has either built a substantial retirement savings or planned to rely upon their spouse’s savings in retirement, getting divorced can raise some very important questions about what to expect in the future. Are retirement assets subject to equitable distribution in Texas? If so, will I be required to give up (or am I entitled to receive) retirement benefits as part of my divorce?

If you have been appointed as a personal representative – either in someone’s will or by a court during the probate process – it is important to make sure that you have a thorough understanding of your legal obligations.  Personal representatives have a number of responsibilities, and they owe a fiduciary duty to fulfill these responsibilities for the benefit of the estate. Breach of this duty can have significant consequences, including a lawsuit filed by the estate’s beneficiaries that could result in personal financial liability.

In Texas, the terms of a couple’s divorce are established either by agreement of the parties or by a judge. These days, most couples resolve at least the majority of their differences out of court. There are a variety of methods – including mediation and collaborative divorce – that spouses can use to resolve their differences amicably, and doing so allows them to retain control over their decision-making instead of putting their (and their children’s) futures in the hands of a judge.

In Texas, there are two ways to establish the terms of a divorce: (i) by going to court, and (ii) by entering into a martial settlement agreement.