Legal Separation, Divorce and Annulment

When a family member dies, unfortunately you face not only the grief of the loss but also a list of legal duties that have to be dealt with in short order. Estate administration and probate is the court-supervised path to dealing with a loved one's estate, and a local Boerne attorney can help you move along this path as smoothly and quickly as possible. Steps to Boerne Estate Administration and Probate Gathering All Important Information First you'll need to collect all papers that prove who died, what they owned, and whether they left a will. A certified death certificate is the first document almost every institution will demand, and you will need several originals rather than photocopies because banks, title companies, and government agencies all demand originals and will keep the copies they receive. If a will exists, the original (not a scan) must travel with the application. You'll also need bank and financial account statements, deeds and vehicle titles, any life-insurance designations, and a working list of people who may inherit or who you know hold claims against the estate. Filing You'll file probate in the county where that person lived, or, if they didn't live in Texas, in the county where the principal estate property sits or where the death occurred. Once the clerk accepts the filing, a citation is posted so any interested persons are notified about the proceedings. The court will schedule a hearing, and all these parties are free to attend if they wish. Letters Testamentary At the hearing, the court confirms the death, examines the will if one was offered, and names a personal representative of the estate. If the will names an executor, that person will usually be chosen unless the court finds them unqualified. The clerk then issues something called "letters testamentary," which tell banks and title companies to treat the executor as someone with the authority to manage accounts and property and speak for the estate. Inventory and Appraisal Within ninety days, the executor must have an inventory made, do an appraisement of the estate's goods, and list all the claims or provide an affidavit in lieu of inventory stating that unpaid debts other than secured debts, taxes, and administration expenses have been satisfied. Once that filing is accepted, all taxes and valid debts get paid in a certain order. Paying the Beneficiaries Once all taxes and debts are taken care of, beneficiaries inherit the rest. If there's a will, the administrator of the estate must follow its instructions. If there is no will, Texas intestacy laws name out the heirs according to marital status, the status of all separate and community property, and whether the deceased has children. Setting things up so your estate moves smoothly through probate will make things much easier for your loved ones. For help with your probate and estate planning, contact us at the Lovorn Law Firm in Boerne, New Braunfels, or Kerrville, TX today to request a consultation.

If you are thinking about leaving Texas while a divorce is underway, or right after it ends, there are some rules to know about. Talk with a New Braunfels divorce and family law attorney to walk you through the limitations that might apply to you. Can You Move Out of Texas During a New Braunfels Divorce? The three issues that could affect you are: Residency rules for the divorce itself Any temporary orders already in place Whether children are involved Residency Rules Texas requires that either you or your spouse have lived in the state for the six months right before the divorce petition is filed and in the county of filing for the last ninety days before filing. If you leave Texas before those periods are met, the court may lose the power to hear the case. Once the petition is filed, the court keeps jurisdiction over the divorce even if one of you moves. Temporary Orders The family court will often issue temporary orders while a divorce is pending. They're not permanent, but they must be followed, and they often control what you can do. They can set who stays in the marital home, how parenting time works, and whether either of you may relocate with the children. Ignoring a temporary order and moving anyway can lead to enforcement actions, contempt findings, or changes in how the court evaluates your reliability, which could have a serious effect on your child custody rights. When Children Are Involved Most Texas custody orders will include a geographic restriction that limits where the child may live, and that restriction usually keeps the primary residence inside one county and the counties that touch it (or some other well-defined area). The parent who has the right to decide the child's primary residence must stay inside that area, unless the other parent agrees in writing, a court changes the order, or the other parent's parental rights have been completely rescinded by the court (which is rare). How to Get Around a Restriction If your child custody order contains a restriction, you must file a petition to modify the parent-child relationship if you want to move. The court will decide whether the move is in the child's best interest by looking at the reasons for the move, the effect it will likely have on the child's relationship with the other parent, the possibility of coming up with a workable possession schedule, the child's ties to the current community, and the child's educational and health needs. After Divorce After the divorce is final, you are free to move yourself. Taking your child outside any geographic restriction will still require either the other parent's written agreement or a successful modification of the standing orders. Informal texts or verbal promises do not protect you. Talk to a Divorce and Family Law Attorney You do not have to figure this out alone, and you shouldn't. Request a consultation with the Lovorn Law Firm today in New Braunfels, Boerne, or Kerrville, TX.