Are you thinking about establishing a trust to provide for your loved ones or to ensure that your most-loved charitable organization can be listed as your beneficiary without needing to go through the probate process? Depending upon your motivations for setting up a trust, it is critical to understand the legal terminology that is used to describe different types of trusts, and to understand your rights and responsibilities as a grantor (the person who creates the trust) with different forms of trusts in Texas.

In Fort Worth, the Texas Property Code governs the establishment and management of most types of trusts. We want to provide you with more information about the different kinds of trusts you can create in Texas, and to urge you to seek advice from an experienced Fort Worth estate planning lawyer to ensure that the trust meets all legal requirements.

Revocable Living Trust

A revocable living trust is a kind of trust that allows the grantor to use the assets during his or her lifetime, and to transfer those assets to beneficiaries upon the grantor’s death. As with other trusts, a revocable living trust does not require probate, which means that assets can pass to the beneficiaries without those parties needing to go through the probate process.

The revocable living trust is created during the grantor’s lifetime. The fact that the trust is revocable means that the grantor can dissolve the trust during his or her lifetime (differently, an irrevocable trust is one that the grantor does not have the ability or authority to dissolve).

Testamentary Trust

A testamentary trust is a particular kind of trust that is created in your will. It does not become activated until your death. Accordingly, none of your assets will transfer through the testamentary trust until after your death. You can create a testamentary trust for a family member or another party and allow you to ensure that your assets will be distributed to that person or persons according to the terms of the trust. Testamentary trusts in Texas can last for a specific number of years (e.g., until a child reaches the age of 30), or they can last indefinitely. Unlike other types of trusts, a testamentary trust does not allow the beneficiary to avoid the probate process.

Special Needs Trust

A special needs trust (SNT), which can also be described as a supplemental needs trust, is a type of trust established for a disabled beneficiary. Typically, a grantor who creates a special needs trust so that she or he can provide for a disabled child or another disabled family member after his or her death in such a way that does not jeopardize the disabled person’s ability to receive Supplemental Security Income (SSI) benefits and other types of government benefits.

Contact a Fort Worth Estate Planning Lawyer for Assistance

When you are thinking about creating a trust, you should work closely with an experienced Fort Worth estate planning lawyer. Our firm can discuss estate planning options with you and help you to make the choice that is tailored to your needs. Contact The Fetty Firm, PC today to learn more about how our Texas estate planning attorneys can help you.

Whether you are in the process of developing a parenting plan for the holidays as part of your Texas divorce, or you are a recently divorced parent, you might have concerns about parenting plans at the holidays. How do you develop a schedule that allows both you and the other parent to spend time with your children during the holiday season? And what should you do if an unexpected issue arises and you cannot stick to the schedule that has been set in your parenting plan? Or, for instance, what can you do if the other parent is not adhering to the terms of the parenting plan at the holidays? We want to discuss some key issues concerning child custody—also known as conservatorship and possession under Texas law—around the holidays, and what parents should consider when developing or seeking to modify parenting plans.

Developing a Holiday Parenting Plan: What to Consider

If you are working on developing a parent plan for the holidays as part of your divorce case in Texas, there are a variety of issues and options you should consider:

• If possible, work with the other parent to reach an agreement about how you will co-parent during the holidays in terms of scheduling. For instance, will you split time evenly during your child’s winter break, or will you co-parent with each parent having the child for the entire winter break every other year? Or, for example, will you alternate holidays, with one parent taking Christmas Eve and the other taking Christmas Day, and then alternating each year? No matter what you decide is best for your family, if you can develop a schedule that focuses on the child’s best interests during the holidays, you can have a co-parenting plan that works.
• Keep in mind that you will need to remain flexible if possible. According to an article in Psychology Today, being flexible with scheduling is one of the best “gifts” you can give yourself during the holiday season. Even if you make plans to travel with your child, or to alternate Christmas Eve and Christmas Day, you should recognize that unexpected events will arise and it can be helpful to plan on being flexible. If your child gets sick, or if the other parent has a legitimate issue that arises during the holidays, avoiding a contentious dispute can help to make the holiday a happy one for your child.
• If your child is old enough to play a role in decision-making, it is important to make your child know that their opinion does matter. Accordingly, if you are able to work out a holiday parenting schedule that is in your child’s best interest—while taking into account your child’s preference—you can help your child to accept the new family situation during the holidays and to feel as though their opinion and preference are important to you and your ex.

When You Need to Modify a Holiday Parenting Plan

What happens if the other parent is simply refusing to abide by the current terms of the parenting plan for the holidays, or a substantial change in circumstances has occurred? In such situations, you can request that the court step in.

Either parent can file a petition to seek a modification of child custody (i.e., conservatorship or possession) in Texas. Under Texas modification law, the court can grant a temporary order while the petition for modification is pending in the court. If you are seeking a modification related to scheduling in time for the holiday season, a temporary order can help. In order for the court to grant a modification, the party seeking the modification must be able to show, according to Texas law, that “the circumstances of the child, a conservator, or other party affected by the order have materially and substantially changed” since the initial order was entered.

Seek Advice from a Texas Family Lawyer

Parenting during the holiday season can be complicated, but having an experienced Fort Worth family lawyer on your side can allow you to develop a parenting plan that meets the needs of your family. Contact The Fetty Firm, PC today for assistance with your case.

Everyone in Texas should have a will, regardless of their age or their health. While many people assume that it only makes sense to work with an estate planning lawyer on a will as you get older or when you learn you are sick, nobody can plan precisely for the future. As such, it is critical to have a valid will through which you can clarify how you want your assets distributed. Without a valid will, if you pass away unexpectedly, not only will you lose the ability to determine how your property is distributed, but your family members will have to go through a difficult process involving Texas intestacy laws.

Whether you are planning to work with a Texas estate planning lawyer on your will soon, or you simply want more information, the following are five things you should know about wills in Texas.

1. Texas Law Has Certain Requirements for a Will to Be Valid

In order for a will to be valid under Texas law, it must meet certain requirements. First, you must be at least 18 years old, or you must be married or in the military. Then, you must be “of sound mind,” which means you must have the mental capacity to create a will that reflects your intentions. In general, you must understand that you are writing a will, you must have the intent to write a will in order to clarify how you want your assets distributed in the event of your death, and you must have a clear sense of the assets you own that will be distributed to your heirs through the will. Your will should also be signed and dated, and it must be witnessed by two people.

2. You Can Revoke a Prior Will in Texas

As long as you remain of sound mind, you can always revoke a prior will in Texas. If you do create a new will, you should make certain that any previous wills are clearly and expressly revoked in writing in your new will. In addition to making clear in writing your intention to revoke previous wills, you should also destroy existing copies of previous wills.

3. Handwritten Wills May Be Valid

Generally speaking, Texas law recognizes formal attested wills—the type of will described above. In addition, Texas courts recognize handwritten wills, which are also known as holographic wills. Unlike a formal will that meets the requirements of Texas law, holographic wills do not require a witness. For a holographic will to be recognized, it must be written completely in the testator’s own handwriting, and it must be dated. However, you should know that it can be easier to challenge or contest holographic wills given that there will not be official witnesses to confirm that the requirements of valid will making in Texas have been met.

4. Spoken Wills Are No Longer Valid Under Texas Law

Spoken wills, also known as oral wills or nuncupative wills, used to be recognized in Texas. However, you should not anticipate that a Texas court will recognize this type of will as valid.

5. If the Validity of Your Will is Not Recognized, Your Estate Will Be Distributed According to Texas Intestacy Laws

If your will is determined to be invalid under Texas law, then your assets will pass according to Texas intestacy laws, or the laws of intestate succession. When a person dies without a valid will, they are known to die intestate.

Contact a Texas Estate Planning Lawyer Today

Texas residents both young and old should have a valid will drafted. While a handwritten will might be sufficient in some circumstances, as we mentioned above, it is always a good idea to create a formal will with the assistance of an experienced Texas estate planning attorney. By working with an attorney on your will, you will have the best chance of ensuring that the terms of the will are valid and that it will not be subject to any unexpected contests. Contact The Fetty Firm, PC today to speak with an estate planning attorney about getting started on your will.

There are several reasons for terminating parental rights. A father may have found out a child is not biologically his or a parent may not be suited to raise a child. Regardless, there are many reasons for terminating parental rights. The Fetty Firm is capable of helping you terminate those rights.

The Texas court system is very complicated and requires the right lawyer for the job. Clients can find peace at The Fetty Firm and in Rashelle Fetty. She is the owner and sole attorney at the firm. She has years of experience in family court. Her skills are unmatched and will help you fight this decision in the courtroom.

Voluntary versus Involuntary

Take the actions you believe are necessary.

There are two types of termination when it comes to parental rights: voluntary and involuntary. These types are very straightforward. Voluntary parental termination is when a parent agrees to terminate their rights to a child. Then, the parent will sign various forms and then go to court to testify. They will testify, saying they are terminating their rights to the child.

Furthermore, voluntary termination can apply to biological or adopted children. There are various reasons a parent may terminate their own parental rights. It all varies on the parent and the situation in the family.

On the other hand, there is an involuntary termination of rights. This occurs when the parent does not agree with the decision, and it is ruled by the court. Major reason a parent will have involuntary termination of rights include:

• Abuse
• Neglect
• Abandonment
• Criminal Behavior
• Mentally or physically dangerous environment
• Refusal of supporting the child

These reasons are just a few, but they are the most common. The Fetty Firm can help clients fight for their child or pursue the termination of rights against a spouse. Rashelle Fetty has years of experience in family courts, which is why you should get in touch with her.

The Fetty Firm Can Help You

Get in touch with The Fetty Firm today. You can reach the firm by calling (214) 546-5746. It is also important for clients to visit the firm’s website. The termination of parental rights page features very helpful information for those seeking such actions.

A will is an important document for families and loved ones. It is a legal document that will pass on the property of a deceased loved one to a number of beneficiaries. Wills have a number of benefits, such as making the process after a loved one’s death easier. It also gives the passing loved one peace of mind they might not have had.

Now, there are two types of wills the state of Texas recognizes: an attested will and a holographic will. These two types of wills vary from each other in a small way. However, both types of wills serve the same purpose. The only difference is how they are created.

Attested and Holographic Wills

Attested wills and holographic wills are the only types of wills recognized by Texas.

An attested will is the most common type of will. It is also the way most people think about wills. A valid will must be in writing and signed by the testate. The testate is a person who has died and left a will. The testate must also have another person in their presence and two attested witnesses over the age of 14.

A holographic will is a will that is written completely by hand and signed by the testate. A holographic will does not need to be signed by a witness and is still valid in the state of Texas. These two types of wills can help you rest in peace and make the process after your death easier. Your family will appreciate the smooth process your will provide. Funeral arrangements and property distribution can be outlined in the will.

If you prefer, an attested will then get in touch with The Fetty Firm today. The owner and sole attorney, Rashelle Fetty, will help you create a will for your loved ones. The Fetty Firm can also help clients with possible living wills for those suffering from medical conditions.

Call for Your Will Services

Obtain an attested will by calling The Fetty Firm. You can reach out to the firm by calling (214) 546-5746. Be sure to visit our website to find out more about the will process. If you need a living will, then we can help with that too.

Divorces may end a relationship, but there are times when the two may still interact. One such interaction could be spousal support. Relationships are not always even financially. One partner may have a better paying job than the other, and so there is an imbalance. A divorce could lead one person financially unstable, and so one spouse may receive support from the other.

This support is also known as alimony. It is when one financially stable spouse helps the other after divorce. This situation can be court-ordered or a predetermined decision between the couple. The goal of alimony is for the unstable spouse to gain financial stability.

Qualifications for Spousal Support

Divorce is stressful, but The Fetty Firm can ease some of it.

If you want to petition the court orders spousal support, then there are a few things you must meet. Firstly, you must show you a lack of property and assets to provide basic needs. Secondly, the court must recognize at least one other circumstance, which varies.

One of those circumstances could be a spouse convicted of domestic abuse to the other spouse or a child. However, the conviction must be during the marriage or within two years of filing the divorce. Another option is the spouse has a physical or mental disability that prevents them from supporting themselves.

A third qualification includes a marriage of at least ten years and a spouse unable to obtain enough income for basic needs. Finally, the spouse has custody of a child that requires special care, and the spouse cannot support them on their own.

These are important qualifications the court will consider. Clients work closely with Rashelle Fetty so she can help you obtain the best outcome. Every case is different, and The Fetty Firm has seen many of them. There are a lot of factors to consider when claiming spousal support, so you should have an expert by your side.

Call The Fetty Firm Today

The Fetty Firm has years of experience in family court. The owner and sole attorney at The Fetty Firm, Rashelle Fetty, will help you fight for what you believe is rightfully yours. Give her firm a call at (214) 546-5746. Clients should also look at the qualifications and factors considered for spousal support on the firm’s site.

There are various types of child custody that you could be enrolled in. Regardless of the type, you may want to fight for a modification in your child custody order. This process must be done in court and may be for the following reasons:

• Current child support orders
• Existing custody orders
• Existing visitation orders
• Medical and support orders

The Fetty Firm can help clients obtain changes in their child’s custody. Rashelle Fetty has several years of experience in family court. She can help clients with a wide range of family-related hearings. Fetty was included on the 2020 Texas Rising Stars list that was awarded to the state’s top 2.5% attorneys. This accolade and many others are why you should get in touch with her firm.

Reasons for Modification of Orders

The Fetty Firm can help fight for your child.

There are several reasons you may want to modify your child’s custody orders. Common reasons include a change in job status, relocation, criminal charges, and significant changes in living conditions. The Fetty Firm understands how important your child is to you. Rashelle Fetty will work with you to change these orders.

Any parent has a right to seek or defend the modification orders. Above all, you want what is best for your child. The Fetty Firm can help obtain what is best for them. There are various reasons why you would want to change your child’s orders. You may simply think it is the best interest of the child. You may also believe the other parent is not suited for the child’s care.

So, why do you want to modify your child’s custody orders? Contact The Fetty Firm to enforce or request a change in your child’s custody order. Rashelle Fetty has worked with numerous clients to change visitation rights, child support, and custody overall. Moreover, she can help clients with divorce and then transition into child custody battles.

All of Your Family Court Needs

The Fetty Firm can help you with any of your legal family needs. If you need to modify your child’s custody orders, then get in touch with the firm today. Call (214) 546-5746 to get in touch with Rashelle Fetty. Be sure to visit the enforcement of modification orders on The Fetty Firm website too.

Probate is when a will goes through a legal process to determine if it is authentic. It is a common legal procedure, but it is also very timely. Wills that go through probate takes time and money, which is why some try to avoid it altogether. There is a way to skip probate, and there may be scenarios when you would want to skip the process.

Wills are used to pass on property to beneficiaries once a person dies. If a will is not established, then the courts will create one and distribute property how they see fit. Wills are very beneficial for the families after a family member’s death and the testate, the person dying. The family will have a more comfortable process after their loved one’s passing. Plus, their loved one will have peace of mind when they do pass.

Ways of Avoiding Probate

Most wills go through probate.

There are ways of avoiding probate, but there needs to be careful planning. Firstly, it is best to have a will. Those who die without wills may also require probate. You may want to avoid probate to skip the many legal fees you will incur or avoid the estate taxes. Your reason may also simply be privacy.

Regardless of the reason, there are ways of avoiding probate. One way of avoiding this lengthy legal process is to set up a revocable living trust. Property is placed into the trust that is only accessible to the owner. Once they die, the property is given to a beneficiary, and no probate is needed.

Life insurance policies are another way you can avoid probate. They require policyholders to add a beneficiary to the plan. Once the holder passes, then the property is passed on to the beneficiary. Retirement plans may also be another option, but not all of them work the same way.

In general, you will most likely go through probate. Unless you actively plan to avoid it, the process will most likely occur. That said, probate is relatively inexpensive, and the process has been streamlined over the years.

Call for a Will or a Probate Lawyer

If you are needing to create a will or want probate assistance, get in touch with The Fetty Firm. Rashelle Fetty has years of experience with family court. Give her firm a call at (214) 546-5746. Clients should also visit her will and probate pages to find out more about the process.