The Palmore Law Firm, PLLC FindLaw IM Template 2026-05-28T16:25:14Z https://www.palmorelaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1101064/2018/11/cropped-site-identity-32x32.jpg On Behalf of The Palmore Law Firm, PLLC <![CDATA[Does adultery matter in a Texas divorce?]]> https://www.palmorelaw.com/?p=47980 2026-05-28T16:25:14Z 2026-05-28T16:25:14Z Texas law recognizes adultery as a basis for divorce Most couples in Texas pursue divorce on no-fault grounds, meaning the marriage has simply broken down without hope of reconciliation. However, state law also allows you to file on fault-based grounds, with adultery being one of them. To prove adultery, you need enough evidence to convince the court that it most likely occurred, such as text messages, bank statements or photographs. Placing fault on the record can strengthen your position when it comes to property division and child custody.

Infidelity may affect how property is divided

Texas is a community property state, meaning courts divide shared assets in a way that is just and right. When adultery is proven, a judge has the discretion to award you a larger share of the marital estate. This is especially relevant if your spouse used joint funds to pay for gifts, hotels or trips for the person they were seeing. Courts treat this as a waste of community property and can add the value of those expenditures back into the total marital pool before dividing it. Reclaiming these “wasted” funds does more than protect your current wealth. It also safeguards the estate you can pass down to your children.

Affairs can influence custody decisions

Infidelity alone rarely prevents your spouse from obtaining custody or visitation rights. Texas courts focus on the best interest of the child above all else. However, if the affair directly affected your children’s well-being, a judge will factor that into the custody decision. This includes situations where your spouse:
  • Introduced the children to a new partner in an inappropriate way
  • Left the children unattended to pursue the affair
  • Exposed the children to unsafe environments
In these cases, a judge may adjust custody arrangements to protect your children's safety and emotional health.

Legal guidance can protect your rights

A divorce involving infidelity adds emotional and legal complexity to an already difficult process. Consulting with a family law attorney can help you understand your options, build a stronger case and protect your financial and parental rights. With the right guidance, you can confidently resolve your divorce while laying a stronger foundation for your financial future and the legacy you leave for your children.  ]]> On Behalf of The Palmore Law Firm, PLLC <![CDATA[Before you marry: Understanding prenups]]> https://www.palmorelaw.com/?p=47958 2026-02-16T16:16:57Z 2026-02-20T15:00:12Z prenuptial agreement allows you and your future spouse to set expectations in advance rather than rely entirely on those default rules.

Planning considerations before you marry

As you prepare for marriage, you are forming more than a personal union. You are entering a legal and financial partnership that has long-term impact under Texas law. Because income earned, assets purchased and debts incurred during marriage may take on shared legal status, many couples choose to set expectations before the wedding. A prenup allows you and your future spouse to define those terms in advance. Rather than relying solely on default rules, you can decide how specific assets, future earnings and financial responsibilities will be handled. This discussion takes place before conflict arises and helps establish alignment at the start of your marriage.

What a prenup can define and protect

A prenuptial agreement allows you to define separate property and outline how you will handle financial and property matters. It can address a wide range of financial issues, including:
  • Protection of a business or professional practice
  • Preservation of anticipated inheritances
  • Treatment of real estate owned before marriage
  • Allocation of retirement accounts and investment growth
  • Responsibility for pre-existing debt
  • Coordination with estate planning in blended families
Without a written agreement, courts will default to Texas law that may not reflect your intentions. For example, if you build a company during marriage, the court may treat it as community property. A prenup allows you to decide what happens to your future company in advance.

Entering the marriage with defined financial expectations

A prenuptial agreement does not require extreme wealth. It reflects careful planning at the start of your marriage. When you address financial structure early, you enter the relationship with shared expectations about property and responsibility. A prenuptial agreement provides a structured way to define financial boundaries before disagreements arise. By setting terms at the outset, you create a framework that supports your long-term plans and the life you intend to build together.]]> On Behalf of The Palmore Law Firm, PLLC <![CDATA[How inheritance works when someone dies without a will in Texas?]]> https://www.palmorelaw.com/?p=47955 2025-11-24T14:37:17Z 2025-11-24T14:34:08Z When a loved one dies without a will in Texas, you might feel unsure about what happens next. You may wonder who could inherit the estate or how the state decides the order. Having a general idea of the process can help you know what to expect and feel more prepared.

What does intestate succession mean?

Intestate succession describes the rules that apply when someone dies without a valid will. Under Texas law, intestate succession generally depends on family relationships. The law first considers the surviving spouse, children and other relatives to determine how it might distribute assets.

How does the process usually begin?

To start, the process typically involves identifying the person’s assets and debts. You might review what they owned, what they owed and any potential claims. Once you have a full picture, you can move on to the part many families pay most attention to: who could inherit the estate.

Who might inherit under Texas law?

Inheritance in Texas generally depends on family relationships. Shares can vary depending on whether the deceased had a spouse, children or other relatives. For example:
  • The estate division may change if some children are from another relationship when sharing with a spouse and children.
  • The exact portion a spouse receives when there are no descendants might depend on the type of property.
  • Each child may receive an equal portion when there is no spouse.
  • The distribution may go to surviving relatives when there is no spouse or children.
These examples show how family structure often determines the division of assets, helping you understand why outcomes can differ from one situation to another.

How can property type affect inheritance?

Property type can also influence how holdings are divided. When all children are from the marriage, the surviving spouse keeps the full share of community property. If children come from another relationship, the spouse keeps half and the children receive the other half.  For separate property, the spouse receives one-third of personal property outright and a life estate one-third of real property, while the remaining portion goes to the children. Additionally, factors such as surviving parents or siblings can affect these divisions. Understanding these distinctions may help you anticipate how property could be allocated.

Understanding intestate succession may help

Learning about intestate succession can provide a clearer sense of how Texas handles property without a written will. While the default rules might work for some families, they might not reflect your personal wishes. Seeing how the law fills in gaps can also encourage you to think about planning your will in a way that aligns with your goals and intentions.]]> On Behalf of The Palmore Law Firm, PLLC <![CDATA[How do you update your estate plan after a divorce or remarriage?]]> https://www.palmorelaw.com/?p=47953 2025-08-19T22:35:51Z 2025-08-19T22:35:51Z Life events like divorce or remarriage can change your family dynamics and affect your estate planning decisions. Updating your Texas estate plan ensures that your wishes are clear and legally binding, protecting your loved ones and assets.

Review beneficiary designations

After a divorce or remarriage, the first step in updating your estate plan is reviewing beneficiary designations on life insurance policies, retirement accounts, and bank accounts. A divorce automatically removes an ex-spouse as a beneficiary unless a new designation is made. You may wish to add a new spouse or family member, or change beneficiaries to reflect your current wishes.

Update your will and trusts

A divorce often changes the terms of your will or trust. You may want to rewrite your will to remove provisions that benefit your ex-spouse. If you have a trust, consider revising its terms to ensure the right people receive your assets. It’s important to reflect new relationships and provide for children, new spouses, or other loved ones.

Review power of attorney and healthcare directives

After a divorce or remarriage, it may be necessary to update your durable power of attorney and healthcare directives. These documents grant someone the authority to make decisions on your behalf if you are unable to do so. You may wish to appoint a new person, such as a child or current spouse, in these roles.

Protect your new family members

If you remarry, you might want to ensure your new spouse and children are provided for. This may include updating your will, setting up new trusts, or adjusting your beneficiary designations to reflect your updated family situation. Updating your estate plan after a divorce or remarriage helps ensure that your estate will be distributed according to your current wishes and that the right people are in place to manage your affairs.]]> On Behalf of The Palmore Law Firm, PLLC <![CDATA[Do custody arrangements affect inheritance rights in Texas]]> https://www.palmorelaw.com/?p=47951 2025-05-27T14:33:49Z 2025-06-03T14:28:41Z If you’re a divorced parent, you probably often worry about one thing: Will custody decisions affect your child's inheritance? In Texas, the answer is simple: Custody has nothing to do with inheritance rights.

Living situation doesn't matter

Texas law draws a clear line between custody and inheritance. Your child can live with you full-time and still inherit from your former spouse. The state cares about legal relationships, not who lives where. Consider this example: Your husband loses custody after a bitter divorce. He rarely sees your child. Under Texas law, your child still has full inheritance rights from his father. The custody ruling doesn't change the legal parent-child bond.

Blood and law trump everything else

The Texas Estates Code protects children's inheritance rights in several ways. Biological children automatically qualify. So do adopted children and those whose paternity gets established later. The law treats all these children the same. It doesn't matter if Dad was absent for years or never paid child support. As long as he's legally recognized as the father, his child can inherit.

What happens when there’s no will

Most Texans die without a will. When this happens, state law decides who gets what. Children rank high on this list — right after a surviving spouse. Here's how it works: If someone dies with a spouse and children, the spouse gets one-third of the deceased’s personal property. The children split the rest. Real estate gets divided differently, but children still get their share. Custody arrangements don't change these rules. Even if your child is living with grandparents, he still inherits the same as one living with a parent.

The paternity problem

Not all inheritance cases are straightforward. Problems arise when paternity was never legally established. Simply being listed on a birth certificate isn't always enough. Some fathers never acknowledge their children. Others have their paternity questioned later. In these cases, children or their guardians may need to prove paternity in court before claiming inheritance rights. Texas courts can order DNA tests to settle these disputes. They can also look at other evidence like financial support or public acknowledgment of the child.

When to get legal help

If you are dealing with custody and inheritance questions, you should talk to an attorney. Texas probate law can be complex, especially in blended families or when paternity is disputed. A lawyer can explain how your current custody arrangements might affect estate planning. They can also help establish paternity if needed or draft wills that reflect a parent's wishes. You don't have to wait until problems arise. Avoid having to deal with bigger problems by getting legal advice early.]]> On Behalf of The Palmore Law Firm, PLLC <![CDATA[How does Texas law approach property division in divorce?]]> https://www.palmorelaw.com/?p=47948 2025-02-28T23:13:15Z 2025-02-28T23:13:15Z Dividing property in a high-asset divorce can be complicated. Texas follows community property laws. However, factors like business ownership, investments, and separate property claims can make division more complex.

Understanding community property laws

Texas law considers most property acquired during a marriage to be community property. This includes income, real estate, retirement accounts, and other assets. The court aims to divide property fairly, though this does not always mean a perfect 50/50 split. Judges may consider factors like earning potential, contributions to the marriage, and fault in the divorce when dividing assets.

Distinguishing separate property from marital assets

Separate property includes assets owned before the marriage, inheritances, gifts, and personal injury settlements. Proving an asset is separate property requires clear documentation. Without proof, the court may classify it as community property and include it in the division. Tracing separate property through financial records is often necessary in high-asset divorces.

Handling complex assets and valuations

High-asset divorces often involve business ownership, stock portfolios, real estate, and valuable collections. Accurately valuing these assets is important to ensure a fair division. Courts may rely on financial experts, appraisers, and forensic accountants to assess the true worth of complex assets. Misreporting or hiding assets can lead to legal consequences.

Protecting financial interests in a high-asset divorce

Individuals involved in high-asset divorces should take steps to protect their financial interests. This may include gathering financial documents, working with valuation experts, and understanding tax implications. Prenuptial and postnuptial agreements can also help define asset division in the event of divorce, reducing conflicts and uncertainty.]]> On Behalf of The Palmore Law Firm, PLLC <![CDATA[What are stepchildren’s rights in estate claims?]]> https://www.palmorelaw.com/?p=47946 2024-12-05T16:13:37Z 2024-12-05T16:13:37Z Blended families are becoming more common, which brings unique questions regarding inheritance. Stepchildren may wonder if they have any rights in an estate when a stepparent passes away. Understanding how estate laws apply to stepchildren can help families navigate the complexities of inheritance.

Inheritance rights without a will

Stepchildren do not automatically have inheritance rights if a stepparent dies without a will. Unlike biological or legally adopted children, stepchildren are not considered next of kin under intestate succession laws. This means that, if a stepparent passes away without a will, their estate typically goes to their biological children, spouse, or other family members. Stepchildren might not receive anything unless they have been formally adopted or there is a specific provision in a will.

How a will can protect stepchildren

A stepparent can ensure that a stepchild inherits by clearly stating it in a will. Including specific language about the stepchild is crucial. This helps avoid disputes and ensures that the stepparent’s wishes are honored. Without these provisions, stepchildren often have no legal standing to claim an inheritance, even if they had a close relationship with the deceased.

Rights if adoption has occurred

If a stepchild has been legally adopted by the stepparent, they gain the same inheritance rights as a biological child. This means they have a right to inherit under the state’s intestate laws if the stepparent dies without a will. Adoption grants stepchildren a legal status that provides inheritance protection and ensures they are treated like other children in the family. Blended families should prioritize clear communication and proper estate planning to prevent conflicts. Understanding the rights and options available can make a significant difference for stepchildren and other family members during challenging times.]]> On Behalf of The Palmore Law Firm, PLLC <![CDATA[How often should you update your estate plan?]]> https://www.palmorelaw.com/?p=47944 2024-08-26T15:09:16Z 2024-08-26T15:08:48Z accompany you throughout your life, be with you through the highs and lows and reflect your life's history.

Life changes

One of the most common reasons to update your estate plan is when there is a significant change in your life. For example, a marriage, a divorce, the birth of a child or the death of a loved one. These are critical life changes that could impact your estate plan directly.

Legal changes

Just like a person's life, the law changes throughout time. This means that you must ensure your estate plan complies with current rules and regulations to ensure a smooth transfer of assets to your beneficiaries after your passing.

Financial ups and downs

Most people experience changes in their financial situations during their lives. For example, they may purchase or sell a significant asset, receive an inheritance or experience a substantial increase or decrease in their income. These are good reasons to work with your attorney to update your estate plan.

Communicating with family

Updating your estate plan lets you speak with your family about any changes you have made and explain why. This ensures they understand your decisions and avoid potential problems should you pass away unexpectedly. Keeping your estate plan up-to-date is essential to life, much like filing taxes. While you may not need to do it every year, you should consider reviewing your estate plan any time you experience a significant change in your life, and if you do not experience any substantial changes, every three to five years to ensure everything remains compliant with state laws.]]> On Behalf of The Palmore Law Firm, PLLC <![CDATA[Can you get a divorce in Texas while pregnant?]]> https://www.palmorelaw.com/?p=47941 2024-05-29T18:59:25Z 2024-06-03T17:58:42Z Legal considerations In Texas, judges are generally reluctant to finalize a divorce if the wife is pregnant. The court usually prefers to wait until the child is born before finalizing the divorce. This allows the court to address welfare-related issues, such as custody, visitation and support. The court's primary concern is protecting the child's best interests.

Paternity and child support

A key reason courts hesitate to finalize divorces during pregnancy is to establish paternity. Once the baby is born, tests can prove paternity, ensuring that the father is responsible for child support and has parental rights. This legal clarity helps in making fair decisions about custody and support. If the father is not the husband, this needs legal clarification. This can further delay the divorce process.

Custody and visitation arrangements

Finalizing a divorce after the baby is born allows the court to make informed decisions regarding custody and visitation. The court will evaluate each parent's ability to provide a stable environment for the child. Waiting until after the birth ensures that these decisions consider the child's actual needs rather than assumptions or predictions.

Emotional and practical concerns

Divorce during pregnancy can be emotionally taxing. The expectant mother may face additional stress, affecting her and the baby's health. Waiting until after the birth may provide a more stable environment for both the mother and the child. Navigating a divorce during pregnancy requires careful consideration of legal, emotional, and practical factors. You can better prepare for the challenges by understanding the complexities involved.]]> On Behalf of The Palmore Law Firm, PLLC <![CDATA[Co-parenting success tips]]> https://www.palmorelaw.com/?p=47939 2024-03-08T22:22:13Z 2024-03-08T22:22:13Z Effective communication No matter who has custody of your children, make sure to share important information about your child, such as school events, medical appointments and extracurricular activities. Use respectful and polite language when communicating with your co-parent to avoid misunderstandings and conflicts.

Create a co-parenting plan

Develop a detailed co-parenting plan outlining each parent's responsibilities and schedules for parenting time. This plan can include arrangements for holidays, vacations and special occasions. However, be flexible and willing to make adjustments when necessary. Life can be unpredictable and unexpected events may arise that require changes to the parenting schedule.

Respect boundaries

One thing that may have contributed to the 989,518 divorces in 2022 is a lack of respect. However, you need to respect your co-parent's boundaries and decisions regarding parenting matters post-separation. Try to work together as a team to make decisions that are in the best interest of your child.

Stay positive

Maintain a positive attitude and focus on the benefits of co-parenting for your child. Avoid criticizing or undermining your co-parent's authority in front of your child. Celebrate your child's achievements together and support each other in their parenting roles.

Seek support

Do not be afraid to seek support from friends, family members or a counselor if you are struggling with co-parenting issues. Talking to someone who understands can provide valuable insight and help you navigate challenges more effectively. Remember that co-parenting is about what is best for your child. Children benefit from having positive relationships with both parents. Therefore, remain focused on your child's needs and well-being.]]>