Whether you have been putting off putting together an estate plan or you currently have a plan in place, the end of the year is a good time to reevaluate your estate planning needs. From changes in family or health circumstances throughout the year to gifts during the holiday season, various events and activities can potentially have implications for your estate plan. Addressing them now will allow you to ring in 2020 knowing what you and your loved ones can expect with regard to things like taxes, health care decision-making and preserving your assets for future generations. Here are five tips from our McKinney estate planning lawyers:

According to an article published by USA Today, January has been unofficially designated as “Divorce Month.” Data from various sources indicate that divorce rates in the United States peak in January and August – just after the winter holiday season and summer break.

Like most states, Texas law requires custody determinations to be based on the best interest of the child. While this seems like a broad and somewhat vague standard, there are specific factors the court will likely consider, including parental ability, the physical and emotional needs of the child now and in the future, and programs available to assist the parent and the children. As McKinney child custody attorneys, we are experienced in handling complex custody matters and advising our clients how to establish each of the factors the court will consider in determining custody.

The legal right of a non-custodial parent to spend time with his or her children and to now their whereabouts are commonly referred to as “access and visitation” or “possession.” As McKinney family lawyers, we are experienced in helping our clients to understand their parental rights and duties. 

Divorce does not have to be an adversarial experience that plays out as a courtroom battle. There are a number of non-adversarial options for resolving divorce-related issues, including collaborative divorce, which can reduce the stress and animosity that often accompanies divorce, as well as promote open communication and creative solutions. As Collin County divorce lawyers, we are experienced in helping our clients to obtain the best outcome, whether through traditional litigation or a non-adversarial option like mediation or a collaborative divorce.

To assist states in improving guardianship and data collection, Congress recently re-introduced H.R. 4174. The house bill is identical to the Guardianship Accountability Act, currently pending in the Senate Judiciary Committee. As McKinney estate planning attorneys, we stay up-to-date on developments in estate planning law that impact our clients. Primarily about education, the bills require the Elder Justice Coordinating Council to create a National Online Resource Center on Guardianship for the publication of resources and data relating to court-determined adult guardianships. Many agencies, including the AARP and the Alzheimer’s Association have expressed their support for the legislation.    

A postnuptial (or postmarital) agreement is essentially the same as a prenuptial agreement, except that you and your spouse enter into it after you have already gotten married, rather than before. Postnuptial agreements, also known as partition agreements, allow spouses to specify how they will divide their money and property in the event of a divorce. Texas is among the states that recognizes the legal enforceability of postnuptial agreements. As McKinney divorce attorneys, we are experienced in assisting our clients with the preparation of postnuptial agreements, to ensure that they are legally enforceable, address all ancillary issues, such as creditors’ rights and estate planning considerations, and meet your family’s immediate and long-term needs.

Everyone should have an estate plan, regardless of wealth. And thanks to modern medicine, Texans are living longer lives. As we age, however, it is important to take time to make decisions about how our property and our healthcare should be managed in the event of a health crisis, as well as after we are gone. From powers of attorney to advance directives and living wills, McKinney estate planning attorneys can help ensure that your wishes are respected, giving piece of mind to you and your loved ones during a stressful and difficult time in your lives.  

The legal right of a non-custodial parent to spend time with his or her children and to now their whereabouts are commonly referred to as “access and visitation” or “possession.” As McKinney family lawyers, we are experienced in helping our clients to understand their parental rights and duties. 

Following a divorce, your circumstances or those of your ex-spouse are likely to change over time, whether financially or personally.  Fortunately, Texas law allows the parties to a divorce to seek modification of the terms of the divorce.  As McKinney divorce attorneys, we are experienced in assisting our clients with post-divorce modification relating to income and financial needs, child custody, as well as enforcement issues.  Here are the basics of post-divorce modification in Texas.