A will is perhaps the most well-known type of estate planning document, and with good reason. Even if you use other tools to transfer the majority of your assets outside of probate, having a will can still serve a number of important purposes.

Most people who consider asking their fiancé to sign a premarital agreement do so for one primary reason: They have substantial assets that they want to protect in the event of a divorce. While this is a completely valid reason to broach the subject of signing a “prenup,” there are a number of other reasons to consider a premarital agreement as well – and many of these other reasons apply equally to both soon-to-be-spouses.

If you have decided to divorce, one of the first major steps in the process will be to inform your spouse of your decision. This is usually done in one of two ways: (i) by serving your spouse with divorce papers, or (ii) with a conversation that begins, “We need to talk.”

Child support and custody issues present unique challenges and require careful consideration in light of each family’s unique circumstances. The children’s best interests must always be the top priority; however, getting both parents to agree what is “best” can sometimes be easier said than done, and there are statutory guidelines that must be followed in all child support and custody matters.

For individuals seeking to incorporate charitable giving into their estate plans, there are a variety of options available. Charitable trusts provide opportunities to make a difference while also preserving wealth for your family, while a private foundation can help you establish a legacy that will last for generations.   

Whether you are a mother, you believe you are a child’s father or you need to disprove that you have a biological relationship with a child, establishing paternity is important for a variety of different reasons. While a child born naturally to a husband and wife is presumed to be the husband’s biological child in Texas, in all other circumstances, establishing paternity requires additional legal steps. This could be as simple as filing an Acknowledgement of Paternity (if everyone is in agreement on the child’s paternity), or as complicated as going through a contested paternity proceeding in Texas state court.

If you have recently lost a loved one and are preparing to go through the probate process, there is a lot you need to know. While probate can be confusing, it does not have to be scary, and understanding what you can expect during the process will help alleviate some of the stress involved.

While getting divorced is a legal process, most divorces do not actually go through the courts. In most cases, divorcing spouses are able to come to terms without asking a judge to make decisions for them, and then finalizing their divorce is simply a matter of obtaining the court’s stamp of approval.

When going through a divorce, in addition to devoting the necessary time and attention to the divorce process, it is also important to consider how your divorce impacts your estate plan. In Texas, getting divorced automatically impacts certain aspects of your estate plan, but not others, and these automatic impacts will not necessarily reflect your final wishes.

Getting divorced involves several issues, some of which are more complicated than others, but all of which require your attention during the process. While most people are familiar with the main issues involved in the divorce process (i.e. dividing marital assets and establishing child support and child custody), in McKinney divorce lawyers’ experience, there are a number of issues that spouses tend to overlook as well.