Questions and updates

  • Should I Change My Will After a Divorce? How Should I Change My Will After a Divorce?

    Posted on July 26, 2021 by Chris Kirker

    After a divorce, Texas statute prohibits former spouses from inheriting or acting as fiduciaries to a former will that was created prior to the dissolution of the marriage. Texas Estates Code 123.001. However, although the statute prohibits a former spouse from taking property or acting as a fiduciary under the will you should still upd[...]

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  • Can I Collect Arrearages for Out-of-State Alimony?

    Posted on July 19, 2021 by Chris Kirker

    Unlike many other states, Texas does not offer divorcees a right to spousal maintenance or alimony. Instead, specific requirements must be met in order for a court to award spousal maintenance, and such awards are for a limited period of time. Despite Texas law’s strictness in ordering spousal support relative to other states, Texas c[...]

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  • The Development of Electronic Wills

    Posted on July 12, 2021 by Chris Kirker

    Historically, wills must follow certain testamentary formalities. These formalities include a physical document,  the testator’s signature, and signatures from at least two witnesses. See Tex. Estates Code § 251.051. These formalities were first alluded to in the Statute of Frauds in 1676 and English Wills Act of 1837 to ensure [...]

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  • What happens when someone interferes with my possession periods?

    Posted on July 5, 2021 by Chris Kirker

    Courts regularly award possessory rights related to a child through divorce decrees and custody orders. Unfortunately, problems can arise after this order when one of the parties violates the order by denying the other party access to the child when it is his or her period of possession. When a person takes, retains, or conceals a ch[...]

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