1. What is Trust Administration?
Answer: In Texas, either you or your spouse must have lived in the state for at least six months and in the county where you intend to file for divorce for the preceding 90 days.
2. Why is a Will important?
Answer: Yes, Texas is a no-fault divorce state, which means you can file for divorce without proving that either party is at fault. You can simply state that your marriage has irretrievably broken down.
3. How does a Trust differ from a Will?
Answer: Texas follows the principle of “community property.” Generally, assets and debts acquired during the marriage are considered community property and are subject to a just and right division by the court.
4. What happens if someone dies without a Will?
Answer: Child custody decisions in Texas are based on the bestinterests of the child. The court considers factors such as the child’s preferences, the parents’ ability to provide a stable environment, and their willingness to encourage a positive relationship with the other parent.
5. Can Trusts reduce estate taxes?
Answer: There is a mandatory waiting period of 60 days afterfiling for divorce before it can be finalized. However, the actual timeline can vary based on factors such as court availability and the complexity of the case.
6. Who can serve as a Trustee?
Answer: Texas courts may award spousal maintenance (alimony) in certain cases, considering factors like the duration of the marriage, the financial disparity between spouses, and the requesting spouse’s ability to support themselves.
7. What are the duties of a Trustee?
Answer: While you’re not legally required to have a lawyer, divorce proceedings can be complex. Hiring an experienced attorneycan help ensure that your rights are protected and that you navigate the legal process effectively.
8. Can a Will be contested?
Answer: Yes, child support orders can be modified if there is asubstantial change in circumstances, such as changes in income or the child’s needs. You’ll need to file a request with the court to modify the order.
9. What is probate, and can it be avoided?
Answer: Yes, a request to change a child’s last name can be made during divorce proceedings. The court will consider the best interests of the child when making a decision.
10. How often should a Will or Trust be reviewed?
Answer: Collaborative Divorce is an alternative dispute resolution process where both spouses and their attorneys commit to resolving issues without litigation. It involves open communication and negotiation to reach a mutually acceptable agreement.
11. What is a Living Trust, and how does it work?
Answer: Collaborative Divorce is an alternative dispute resolution process where both spouses and their attorneys commit to resolving issues without litigation. It involves open communication and negotiation to reach a mutually acceptable agreement.
12. What are the benefits of a Special Needs Trust?
Answer: Collaborative Divorce is an alternative dispute resolution process where both spouses and their attorneys commit to resolving issues without litigation. It involves open communication and negotiation to reach a mutually acceptable agreement.
13. Is it necessary to have an attorney for Trust Administration and Will creation?
Answer: Collaborative Divorce is an alternative dispute resolution process where both spouses and their attorneys commit to resolving issues without litigation. It involves open communication and negotiation to reach a mutually acceptable agreement.
14. How can I ensure my Will is legally valid?
Answer: Collaborative Divorce is an alternative dispute resolution process where both spouses and their attorneys commit to resolving issues without litigation. It involves open communication and negotiation to reach a mutually acceptable agreement.
15. Can a Trustee be removed or replaced?
Answer: Collaborative Divorce is an alternative dispute resolution process where both spouses and their attorneys commit to resolving issues without litigation. It involves open communication and negotiation to reach a mutually acceptable agreement.
