What is Parental Alienation Syndrome

November 6, 2018 3:41 PM Tyler Edmondson

What is Parental Alienation Syndrome

Parental Alienation Syndrome (PAS) was first introduced in 1985 when child psychiatrist Dr. Richard Gardner wrote in his paper, “Recent Trends in Divorce and Custody Litigation,” describing the syndrome and its effects on children. This PAS occurs when one parent tries to turn their child/children against the other parent in a negative way, usually during separation or divorce. He says, “…a disorder that arises primarily in the context of child-custody disputes. Its primary manifestation is the child’s campaign of denigration against the parent, a campaign that has no justification. The disorder results from the combination of indoctrinations by the alienating parent and the child’s own contributions to the vilification of the alienated parent”. A parent can be angry at their spouse or ex-spouse and manipulate the children by painting a negative picture; deliberately making negative comments, pushing blame or false accusations on the other parent. They can even hoard the kids, doing everything they can to keep the kids from the other parent.

Dr. Gardner mentions eight symptoms that distinguish an affected child:

a) relentless denigration of the targeted parent; (b) a frivolous, weak, or absurd rationale for the denigration; (c) a lack of guilt or embarrassment about the denigration; (d) a lack of ambivalence such that the child considers one parent to be entirely “good” and the other parent to be entirely “bad”; (e) automatic support for the alienating parent in any conflict; (f) hostility toward and refusal of contact with the extended family of the targeted parent; (g) the presence of “borrowed scenarios,” in which the child’s speech when describing aversion to the targeted parent often includes the same phrases used by the alienating parent; and (h) the child’s insistence that he or she is expressing his or her own opinions in denigrating the targeted parent.

This negative effect could cause the child to bad-mouth the other parent, they may not want to see or talk to the other parent, can’t say anything good, or has hatred for the alienated parent.

While the American Psychiatric Association doesn’t recognize PAS as a mental disorder, doesn’t mean this behavior doesn’t occur. As the alienated parent, however, the best thing to do is not to engage in similar actions towards the other parent, you don’t want to make things worse. You may want to get counseling for your child and yourself on how to react to your child’s actions and emotions, focus on positive activities when visiting with your child and don’t do anything to violate any court orders.

Wylie Family Law Attorneys

Divorce is not always easy, and children involved suffer the most. While this difficult road may not be easy to handle, your children are worth it. The best thing to do is contact an experienced family law attorney to talk about your options or answer any questions about your situation. The attorneys at Edmondson Law, PLLC have years of experience with a variety of different issues. Contact us today to schedule a free consultation at 972-442-8326.

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.

Owner Financed Transactions

October 30, 2018 12:39 PM Tyler Edmondson

Owner Financed Transactions

A home is a big investment one can make, but it involves some type of financing due to its high cost. Some home buyers may find it difficult obtaining a mortgage loan because their financial situation is not ideal. There is a lot that goes into buying a home including a predictable salary, employment history with no interruptions, and a pristine credit score. As the seller, you may not only have a hard time finding a buyer, but the borrower can have trouble getting approved for a loan, which can be a lengthy process. There is another way to complete the transaction that cuts out the conventional mortgage lender or bank.

Owner financing is a financing arrangement, between the buyer and seller, in which the homebuyer finances the purchase straight from the seller, resulting in installment payments, rather than having the buyer obtain a loan from a bank. In other words, the seller extends enough credit to cover the purchase price of the home to the buyer, and the buyer makes payments until the amount is paid. Owner financing goes by many names, such as Owner Will Carry, Owner Carried Financing, or Owner Carryback; it all means the same, it just depends on where you live. There is a lot that goes in owner financing for both the seller and buyer. You might think as the buyer you could make payments directly to the seller rather than going through the process of getting a mortgage, and that’s that. These types of owner financed deals are rare. What many do not realize is that the seller has to pay off their existing mortgage before they can sell and they may not have the finances to do so. As the seller, owner financing may not be a bad idea. You can sell “as is,” retain the title, and sell your home faster since the buyer avoids the lengthy mortgage process.

Real Estate Attorneys in Wylie

While all of this can be confusing, even after doing research online, it is in your best interest, as a buyer or seller, to be sure you understand the process and your rights. And there are advantages and disadvantages both parties should be aware of when considering or engaging in an owner-financing arrangement. A qualified Real Estate attorney at Edmondson Law, PLLC will answer any questions or concerns you may have. Our staff can also assist you in drafting contracts and promissory notes when needed. Contact us by calling 972-442-8326 or visiting us at www.wylietxlaw.com for more information about our services.

When You Should Revise or Review Your Will

October 23, 2018 3:38 PM Tyler Edmondson

When You Should Revise or Review Your Will

There are thousands of people who live their lives and die without having the proper documents in place to protect their loved ones. And there are those who do have a will in place but don’t put much thought into it after drafting it. This brings up the question, “How often and when should we revise our will?” Some people put their will or estate planning documents in a safe place for years without making any changes as there are significant changes in their lives. There are several reasons for you to look back and make necessary changes to these documents and Investopedia has a list for you to consider because of expected of unexpected life-changing events.

New People Should Be Named in Your Will

If there is a new addition to your family since you first drafted your will, it pays to take a look at the document just to make sure it is worded in the correct manner and to consider reviewing it with an attorney to see if any alterations need to be made.

You Get Married or Divorced

There may be a time that you decide to get married again and want to include your new spouse in your will or living trust. After a divorce, the last thing you may want to do is leave any money or rights to your ex in a time you may become sick or die. If you’ve gotten divorced since you last signed a will, consider discussing with an attorney what changes your will might require.

People You’ve Named Are Now Deceased

Whether your spouse, family member, or child, unfortunately, passes away, there should be changes made in your will. Wills are written or should be written in such a way that there are backups for everything. Let’s say, if your spouse were to predecease you, your assets might go to another relative.

It’s Just Time to Make Changes

You should review and make necessary changes to your will every few years. Many peoples draft a will when they are young or get married at a young age. It’s great to start planning at an early age, but keep in mind that what seemed appealing when you were young may not work when you are older according to Investopedia. If you have a change of heart, review your will and speak with your attorney.

Do You Need Help Updating Your Will?

If you need to make changes in your will, contact a knowledgeable estate planning attorney at Edmondson Law, PLLC. We can assist you in creating or revising any documents to be sure your affairs are in order. Contact us by calling 972-442-8326 to schedule an appointment with one of our attorneys.

What Are Property Easements?

October 16, 2018 2:23 PM Tyler Edmondson

What Are Property Easements?

There are several situations where you may experience an easement. If you are looking to buy property with a home, you may not know that your potential new neighbor may have a legal right to access your property. Your neighbor may need to drive through your new property to get to work or access their property and is within their right to do so. It could also be a legal right to use someone else’s land for a particular reason, such as a water company needing to run pipes under your property. There are several types of easements: utility, private, easements by necessity, and prescriptive easements. It is important to find out if any property you are interested in has an easement before finalizing the purchase. Easements don’t change when the property changes hands.

A Few Things to Keep in Mind About Easements

Trulia has a few points and rights to keep in mind when purchasing a new home or property with an easement. It is not a simple case of keeping a person or entity from entering your property once you buy it by building a fence or causing damage or delays. Before purchasing, it’s important to know whether there are any easements on the property before you close, where they are, and what type of easements they are. Some can remain after you buy the house, but others can be canceled depending on the type of easement.

Two to think about is an appurtenant easement and an easement in gross. An appurtenant easement is one in which the neighbor sought and now owns the easement, like the example in the top paragraph. With an easement in gross, you have more say, and it does not remain once the property changes hands. An example used is if a neighbor had an agreement with the original property owner to use a path that runs through the property to access a fishing pond. But the easement in gross does not remain once the property exchanges hands and you as the new owner can keep the neighbor from accessing the path on your property. Another type of easement is an easement by necessity. An example of this is if you buy property with an easement and has the only access for your neighbor to get to their property, you can not block their way otherwise you would be trespassing upon such easement.

Experienced Real Estate Attorneys in Wylie

All of this can be confusing, or you may be questioning a situation of someone illegally trespassing. If that is the case, you will need a real estate attorney that is experienced in these type of cases. Being a new homeowner, you need to know and understand your property rights. The attorneys at Edmondson Law, PLLC have the experience and tools to help you in your situation. Contact them today by calling 972-442-8326 to schedule a free consultation.

Avvo Ratings

October 9, 2018 10:58 AM Tyler Edmondson

Avvo Ratings

Avvo.com is a legal aid site that provides a greater depth of information than standard lawyer marketing websites; it is essentially an online resume. On the site, you can expect more than a lawyers name, address, and phone number, but a list of academic and employment history, publication credits, awards, and significant cases. According to Avvo, the directory provides comprehensive profiles, client reviews, peer endorsements, and its own proprietary rating for more than 97% of all licensed attorneys in the United States. Lawyers can post links to their website and answer legal questions posted by potential clients. Avvo’s rating is generated using a model that considers information a lawyer included in their profile in addition to the information Avvo collects from state bar associations and other organizations that license legal professionals.

Tyler Edmondson has an Avvo profile and has a 5 out of 5 stars rating. Every rating has a positive message about his work and the work of his staff at Edmondson Law, PLLC. One former client wrote:

“I cannot express how highly I would recommend Tyler. I was in a horrible divorce that was dragging on. Tyler was not only understanding and compassionate, he kicked butt!!!! If you want an honest lawyer, that will do the best possible job for you, Tyler is your man!!!! My whole family and I are in his debt. I thank God for the day I called him, he gave me my life back.”

Avvo.com is an easy way to find a highly-rated lawyer in your area or to ask a lawyer for free advice, anonymously. You will usually get a response within 12 hours and are able to ask follow-up questions.

Trusted Lawyer in Wylie

If you are in need of a divorce lawyer or need advice about your case, contact Edmondson Law, PLLC today. Edmondson houses a knowledgeable staff willing to work hard to help you guard your assets and keep you focused on your goals. Give us a call today and set up a free consultation by calling 972-442-8326.

The Importance of Making Sure That Your Affairs Are in Order

October 1, 2018 2:18 PM Tyler Edmondson

The Importance of Making Sure That Your Affairs Are in Order

If you’ve worked hard your whole life, you have more than likely created or established a decent estate. Essentially your estate which could be your house, your vehicle, perhaps your RV, or any other worldly possession that has value is how you measure success in life. Ultimately your estate is your legacy and one that you intend to leave to your heirs once you have passed. But have you established a will to dictate how your estate will be handled? This is a very common question as many people procrastinate on this and do not get their estate in order before they passed; which then makes what was supposed to be a seamless transition into a major headache.

Why You Need a Will

Ultimately this is why it is important that you have a will in place. If you don’t have a will in place, then it is impossible for your loved ones to know what your final wishes are. And what is worse is the state will then have to get involved in distributing and liquidating your estate. This is the last thing you want. At this is going to cause a lot of heartache for your heirs. That is why the best way to handle this is to simply take the necessary steps to ensure that your final wishes are known by getting your will done by a professional. This can be done at any law firm that specializes in estate planning. This is something important you should do for your family. You will need to understand that the difficult loss of your passing is going to be very hard on your family. Why make this harder than it has to be by making them go through a long legal process.

Estate Planning Attorney in Wylie

If you are in need of establishing a will, then contact a law firm that understands estate planning law specifically in the state of Texas. Edmonson Law, PLLC is one such law firm. Edmonson has years of experience dealing in estate planning law and knows Texas code in and out. So if you are ready to make the next step to ensure that your final wishes are known, then please do not delay and call Edmonson Law today at 972-442-8326 and schedule a consultation.

Responsibilities of Being Power of Attorney

September 25, 2018 1:41 PM Tyler Edmondson

Responsibilities of Being Power of Attorney

Being appointed power of attorney (POA) allows another person to transfer financial and health care decision-making powers to another individual. The person named power of attorney is referred to as the “agent,” and the person they are acting on behalf of is the “principal.” Sudden events can happen to make the principal unable to make certain decisions on their own.

Typically, the children of the principal are appointed for various reasons. Becoming power of attorney is a big responsibility that not everyone is cut out to become, and that’s okay. According to an article by Forbes, there are several reasons why many children turn down this request by their parents. “Becoming someone’s power of attorney is a monumental job,” says Cheryl David, a North Carolina elder law attorney. “It’s huge, and the task should not be entered into without great thought.” Keep in mind, there are numerous types and combinations of power of attorney, but the two most common are General Durable Power of Attorney and Health Care or Medical Power of Attorney.

One must understand that being appointed power of attorney does not mean that you will acquire their debts. John Ross, an elder law attorney in Texas, says, “People don’t always realize that they’re just acting on behalf of another person, not making themselves personally liable.” Still, taking on this task can become overwhelming. Being responsible for someones medical decisions, if they were unable to, can weigh heavy on you. You may not be in a position emotionally or geographically. And what many may not know it a parent can name more than one agent and if asked, you can say no. David had a client in a similar situation in which the client’s mother had a son who was in a better situation to make decisions for their mother.

There are several questions to ask yourself to see if you are the right person to be power of attorney of a loved one. Ross recommends asking yourself the following three questions when considering whether to commit to being someone’s power of attorney and he recommends that you are honest with the person who plans to name you power of attorney if you have concerns:

Are you able to drop everything, perhaps for weeks or months, and make crisis medical decisions?, Do you have the emotional fortitude to make tough, life-and-death decisions?, How is your family dynamic? Do you have a brother who is quick to anger or a sister who could be suspicious of your motives when it comes to medical or financial decisions?

Trusted Wylie Attorneys

There is a lot to consider when appointing a person power of attorney or if you, yourself have been appointed. Contact Edmondson Law, PLLC if you have any questions about your situation and need an experienced attorney to guide you. Legal assistance is needed to ensure that you or your loved one’s wishes and best interests are heard. If you are looking for someone who is knowledgeable and understanding you will find them at our law firm.

Child Support- Senate Bill 550

September 18, 2018 4:45 PM Tyler Edmondson

Child Support- Senate Bill 550

According to Star-Telegram, child support changes in Texas have gone into effect which will require parents who pay child support to start providing dental insurance. This is an addition to the already required health insurance they need to provide for their kids.

Annette Hernandez, communications director for the Texas Attorney General’s Child Support Division, says not everyone will be affected by this law right away.

“It’s really important to make sure the public understands this is not something to panic about,” she said. “This is not an automatic change. This is dictated by the courts.”

There were more than 1.5 million open cases across the Lone Star State, according to new statistics provided by the Texas Attorney General’s office. The law going into effect comes from Senate Bill 550, passed by the Texas Legislature in 2015. This Senate Bill’s purpose is to provide dental aid to children if it can be acquired at a reasonable cost, which means the cost should not be more than 1.5 percent of the annual income for the parent paying child support.

New cases requiring child support likely will require the parent making payments to provide dental insurance for their child. But if child support payments already are underway and health insurance already is being provided, if there’s no separate financial change for the parent receiving the payments, a request for dental insurance isn’t enough of a reason to bring that case to court, Hernandez said.

“It’s not an automatic thing,” she said. “Customers who already have ongoing child support obligations have to request a modification of their case. … They can’t be modified solely on the addition of dental support.”

Hiring a Child Support Attorney

The attorneys at Edmondson Law, PLLC understand that this area of law can be complex and we encourage you to seek the professional help of a family law attorney. We are experienced in obtaining the best results for your case involving your children. So, if you are looking for a trusted advocate who will provide quality legal representation, contact us today and schedule a free consultation. We are here to answer any questions you may have to help put your mind at ease regarding your family.

Handling the Unexpected

September 11, 2018 11:33 AM Tyler Edmondson

Handling the Unexpected

the balance– It is something that is very tragic, and most people don’t typically want to think about, but unfortunately losing a spouse or a loved one happens. This was something that was not anticipated and may have caught you completely by surprise. This may leave you in charge of handling their estate. Some steps need to be taken in order to avoid frustrations and costly mistakes. Tisha Diffie, founder of After the Fact – Final Affairs, LLC, understands the challenge of having to handle the process correctly and has some helpful tips that will help get you through it.

5 Things That Should be Done Right Away

Tisha believes by getting these five things done will help prevent identity theft. By not doing this right away, it can catch up to you later.

Call the three credit agencies and put a fraud alert on their Social Security number.
Run a final credit report on the deceased from all three credit agencies.
Keep the primary credit card and the deceased drivers’ license with you.
Punch a hole in their driver’s license and passport.
Get all the paperwork together for the insurance companies.

Outstanding items or open accounts can also leave you dealing with debt collectors. One of Tisha’s clients didn’t cancel anything, change names, or looked for missing money after her husband passed. This caused the client to receive collection notices, calls and letters. These types of instances can be overwhelming.

5 Things That Should Not be Done Right Away

While there are important things to be done as soon as possible, there are some that shouldn’t.

Don’t cancel the deceased’s primary phone right away.
Don’t cancel the primary credit card right away.
Don’t inform everyone about the death right away.
Don’t put an obituary in the newspaper unless it’s necessary, and then keep it simple.
Don’t make any major decisions without consulting a professional first.

By leaving phone numbers available, you will be able to receive important calls, and by leaving credit card accounts open, you will be able to see any memberships or recurring items that need to be canceled.

Seek Professional Help

Another important thing to keep in mind is don’t assume someone is handling the final closing process and other affairs. You can’t expect hospitals to let health providers know about the death or assume that since a will and trust is completed that everything is done. It is easy to become overwhelmed and make mistakes when dealing with this situation. Seeking professional help is the best way to be sure that everything is handled legally and properly. We encourage you to seek legal help from a trusted Estate Planning attorney at Edmondson Law, PLLC. We have years of experience and are committed to providing trusted care to our clients.

Have You Considered Getting a Will?

September 4, 2018 10:19 AM Tyler Edmondson

Have You Considered Getting a Will?

Have you considered getting a will? It is something that everyone contemplates. It’s something that people procrastinate on and don’t ever actually get it. This is somewhat tragic as many people leave this world unexpectedly and they don’t have a will in place. This is very problematic as it’s a massive headache for their family who is left behind. This is already a very trying time for your family so why would you want to make it more difficult for them? We understand you don’t want to do this to your family. You want to make this time as easy as possible for them. The only way to indeed accomplish this is to make sure that your final wishes are known and that a will is in place and done by a professional. This way your family doesn’t have to worry about going through probate court or bickering amongst themselves as they speculate what you may or may not have wanted.

The Steps to Get a Will

There are specific steps that you need to go through in order to get a will. First and foremost what you need to do is to run a tally of your estate. See what you have and how you would like your estate to be broken up. You also need to get all of your bank statements together and everything that reflects all of your assets. And finally, you need to see a lawyer that specializes in Estate Planning. This is the most crucial step. A lawyer that specializes in Estate Planning is going to be able to expertly help guide you through the legal system of getting a will in place. The lawyer will also offer helpful advice all along the way so that you do not feel like you’re doing this on your own. Many people procrastinate on getting a will because they think that they cannot afford, or it would be a lengthy and challenging process. Little do they know that Estate Planning attorneys offer their services to put your mind at ease at a reasonable price. They also go through this process thoroughly to be sure they meet your needs and that you understand every step.

Estate Planning Attorney in Wylie, Texas

If you decide that you want to get a will consider seeing a responsible, reliable, and experienced attorney. You will want to be prepared for what happens after you pass away and you will want to make the process as painless as possible on your family. You will need to get with the law firm that not only specializes in Estate Planning but also has years of experience. Edmondson Law, PLLC located in Wylie, Texas is one such law firm. Edmondson Law has been the standard for the region for many years. Edmondson Law also has a friendly and accommodating staff will make you feel welcome while you’re in the office. So if you are considering getting a will in place then do not delay and contact Edmondson Law, PLLC today at 972-442-8326 for more information and to schedule a consultation.