Questions and updates

  • I Was Just Served Divorce Papers. Now What?

    Posted on August 2, 2021 by Chris Kirker

    Most people never want to end up being involved in a lawsuit or the judicial system. But sometimes we get pulled into a legal matter due to another person’s initiation of a proceeding. Just because you did not initiate the legal action does not mean that you are free to ignore it. Once papers have been served, the legal clock automati[...]

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  • 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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