March 2019 - Wylie, Sachse & Murphy Lawyer and Affordable Attorrney

What is Paternity?

March 27, 2019 3:42 PM Tyler Edmondson

Paternity by definition means the state of being someone’s father. Not every family begins in the traditional way. So, when a child is born to parents who are not married to each other, the law doesn’t recognize the biological father as a legal parent and also doesn’t have legal rights to his child until he becomes a legal parent. This is established through paternity, often through the use of DNA testing. The mother or an alleged father of the child can take paternity action to prove or disprove paternity. Mothers often file paternity actions to establish child support obligations. There are several reasons why a mother may want to establish paternity other than child support.

How Do You Establish Paternity?

There are two ways to establish paternity, “voluntarily” by signing an Acknowledgment of Paternity (AOP) form or “involuntarily” through a court order.

An AOP is a legal form signed by a man and the child’s mother that states the man is the child’s genetic father. This is usually done when the parents aren’t married but agree on the identity of the child’s father.

Sometimes, in order to establish paternity, the court will order an alleged father to take a paternity test. For men unwilling to admit paternity, it can also be established through a paternity lawsuit filed by the mother or by the state on the mother’s behalf. A paternity suit can require the presumptive father to appear in court and submit to a blood test.

Why Establishing Paternity is Important?

Establishing paternity secures the father’s rights as a parent. It also gives the child a legal connection to their father. When you establish paternity, your child gains legal benefits such as social security, health insurance, life insurance, inheritance, and veteran’s benefits, from both parents if they are available. Not only that, but it allows the child access to the father’s family medical history.

Finding a Family Law Attorney

Paternity affairs can be emotionally and legally complex. But, establishing paternity is more than just having a father named on the child’s birth certificate. The child, mother, and father can all benefit. Having an experienced family law attorney can help you understand your rights and responsibilities, legal procedures and ramifications of establishing paternity. Edmondson Law, PLLC has years of experience and can handle your case with regards to your child’s legal rights and well-being. Contact our law office at 972-442-8329 or visit us at www.wylietxlaw.com for more information on how we can assist you.

Information, Not Legal Advice. We provide the information on this website as a public service. The legal landscape is constantly changing and being modified by state law and case law. As a result, we cannot promise that this information is always up-to-date and reflective of the most current jurisprudence.

We do not intend this information to be legal advice. By providing this information, we are not acting as your lawyer. If you need legal advice, you should contact a lawyer through our number (972) 442-8326 or contact another attorney of your choosing.

Probate

March 22, 2019 4:46 PM Tyler Edmondson

Probate is the court-supervised process of authenticating a last will and testament if the deceased has made one. Probate has a process that involves many steps that are all necessary to move assets from the ownership of the deceased into the ownership of the living beneficiary. Unfortunately, probate has a reputation for lasting forever and be a tedious and time-consuming process. Some people can settle within a few weeks or months, while others can deal with it for years. That’s right years! But in the state of Texas, probate isn’t typically something to worry about because it has one of the most simplified probate processes in the nation.

Probate in Texas

Texas has three kinds of probate dependent administration, independent administration, and one unique to Texas, muniment of title.

Dependent Administration involves a lot more court supervision which means the administrator needs the court’s permission to conduct any action in the probate process. This could be anything from selling a house, paying the estate’s debts, or cashing in stocks. It can also be more time-consuming and expensive.

Independent Administration is the most common and favored type of probate administration. It is quicker, less expensive, and simpler. It usually involves only one court hearing and the filing of an inventory. Most Texas wills direct the named executor to pursue independent administration. Even if the will doesn’t provide for independent administration, the executor can ask the court for authority to act as an independent executor if all beneficiaries agree.

Contact a Wylie Estate Attorney

Even if you don’t have a large estate, the process of transferring your assets can be costly and time-consuming. The best way to simplify your situation of distributing your property is by taking the appropriate estate-planning steps and consulting a professional estate planning attorney. Edmondson Law, PLLC has a vested interest in providing the highest level of legal service and representation to our clients. Contact us at 972-442-8326 or visit us at www.wylietxlaw.com. Most of the time all we need is a bit of a nudge to actually begin the process. And, there is no time like the present to get started.

Prenuptial in Texas

March 15, 2019 3:10 PM Tyler Edmondson

A prenuptial is a legal contract or agreement entered by two people prior to marriage. The prenup can include spousal support/alimony and division of property in the event of a divorce. A prenuptial is only valid if it is completed and signed before marriage. Currently, a prenuptial is recognized in all fifty states and typically requires five elements to make it valid: it must be in writing, must be executed voluntarily, full disclosure, cannot be one-sided/unjust, and it must be executed by both parties.

Most people would think they don’t need a prenup because they’re not rich or own any property before marriage. But those days are gone. If you plan to give up your career to raise children, own property during your marriage, or have income separate from your spouse, it would be wise to have a prenup. You can also outline any consequences of adultery that leads to divorce.

Reasons to Get a Prenup

In what circumstances should you consider drafting a prenup? If you or your future spouse brings in major debt, property, children, or more wealth than the other are good reasons to have a prenup.

Dividing debt can limit your responsibility when it comes to your spouse’s debt during your marriage or in the event of a divorce. You can save time and money if you figured out how the debt will be handled.

If you or your spouse inherited property, you both can decide that the property remains with each spouse individually in the time of a divorce.

Prenups can’t prevent a parent from paying child support or force a parent to pay a larger amount. It also can’t pre-determine visitation.

Prenup in Texas

What if you don’t have one? No problem. In the state of Texas, you are protected from the dividing up of assets that legally belonged to you prior to marriage. If you can prove your separate property belongs to you, it will remain yours. But what some people don’t know, if both parties agree, assets acquired during the marriage can be protected in a prenup. For a prenuptial to be legal in Texas, the following requirements must be met:

the agreement has to be in writing
it doesn’t have to be supported by “consideration”
it must have been written and signed with a definite marriage in the future

Family Law Attorney in Wylie

There is nothing easy about asking your future spouse to agree on a prenup. But the reality is that prenups can be beneficial to both parties. While everything above is a brief rundown of prenuptial, you will still need the guidance of a professional family law attorney. The attorneys at Edmondson Law, PLLC have what it takes to craft a prenuptial agreement that will work for you. Contact us at 972-442-8326 or visit us at www.wylietxlaw.com.

Construction Attorneys

March 6, 2019 4:28 PM Tyler Edmondson

Texas is an ever-growing state with developments popping up left and right. According to Texas Economic Development, for the last 10 years, our beautiful state has led the nation in job creation and in population growth. And so came the development of constructing new homes and businesses. While the idea of new homes being built is exciting, homeowners may have a concern of dealing with sketchy, untrustworthy contractors. This can lead to legal conflict between the owners, contractors, subcontractors, or anyone else involved in the project. You can be made promises and guarantees, but unfortunately, you may be left with some “construction defects.”

Modern Contractor Solutions states that construction defects are the most common causes of disputes and litigation in the construction industry. The term varies from state to state but can be generally defined as a defect in the design, the workmanship, and/or in the materials or systems used on a project that results in a failure of a component part of a building or structure and causes damage to person or property, usually resulting in financial harm to the owner. This can include both design and workmanship. Dealing with construction defects can be costly and lower the value of your home. So what can you do?

Experienced Construction Law Attorney in Wylie Texas

The construction industry can be complex and lead to legal conflict with homeowners and contractors. With so much at stake, such as money, materials, and labor you will need the expertise of a professional construction attorney at Edmondson Law, PLLC in Wylie, TX. If you find yourself in a legal battle dealing with a construction project, contact Edmondson Law at 972-442-8326 or visit us at www.wylietxlaw.com for information about our attorneys and law firm.