Werner Law Offices Werner Law Offices 2026-10-12T09:19:44Z https://www.wernerlawfirm.com/feed/atom/ WordPress /wp-content/uploads/sites/1301972/2020/03/cropped-favicon-32x32.png On Behalf of Werner Law Offices <![CDATA[How to probate a will in Texas: Steps and deadlines]]> https://www.wernerlawfirm.com/?p=50171 2026-10-12T09:19:44Z 2026-10-12T09:19:44Z File the application within the four-year period Probate is the court process that confirms a will and gives you, as executor, the authority to act. You file the application in the county where the person lived, and whoever holds the will must deliver it to the court clerk, or give it to you, upon learning of the death. The deadline is four years. A will generally cannot be admitted to probate after the fourth anniversary of the death, and letters testamentary, your proof of authority, are not available after that date.

Prove the will at the hearing

Filing the application starts the court’s review, which moves through three steps before the court admits the will:
  1. The clerk issues a citation, a public notice of the hearing, and the sheriff or a constable posts it at the courthouse for at least 10 days.
  2. At the hearing, you prove, among other things, that the person has died, that four years have not passed and that the will was not revoked. A self-proved will, which carries a notarized affidavit signed by the witnesses, generally does not require witness testimony.
  3. Once the court is satisfied, it admits the will, and you qualify as executor and receive letters testamentary.
Admission of the will and receipt of letters testamentary start the notice and inventory deadlines.

Give notice and file the inventory

As executor, you have four tasks after the will is admitted, each with its own starting point, as county probate court instructions summarize:
  • Notifying the beneficiaries: Within 60 days after the order admitting the will, you must notify the beneficiaries named in the will, unless they have already appeared or waived notice.
  • Notifying unsecured creditors: Within one month after you receive letters, you must publish a notice in a newspaper.
  • Notifying secured creditors: Within two months after you receive letters, you must send notice by certified mail to creditors that hold liens on estate property, such as a mortgage lender.
  • Filing the inventory: No later than the 90th day after you qualify, you must file a written inventory that lists the estate’s property, states its value, and identifies the claims the estate holds, or, if the law permits, an affidavit instead of the inventory.
Failing to file the inventory can lead to an order to show cause, revocation of letters or a fine of up to $1,000.

Getting guidance before the first deadline

Because the dates run from different events, such as the date of death and the date of qualification, you could overlook one. A missed deadline can delay the estate or expose you to penalties. An experienced attorney can calculate each deadline from its correct starting date, prepare the required notices and the inventory, and represent you if the court questions how you have administered the estate. Consulting one before the first deadline may help you protect the estate and your position as executor.]]> On Behalf of Werner Law Offices <![CDATA[Can a new work schedule justify changing custody in Texas?]]> https://www.wernerlawfirm.com/?p=50167 2026-09-01T05:16:06Z 2026-09-01T05:16:06Z A new job can change much more than your paycheck. If you move to nights, start traveling for work or take on rotating shifts, the custody schedule that once worked may suddenly create problems. In Texas, a work change can support a custody modification in some situations, but the court will look closely at how the change affects your child.

Show what changed at work

Not every schedule change is enough to modify a custody order. Texas generally requires a material and substantial change in circumstances, and any modification must serve the child’s best interests. These requirements create a higher threshold than simply showing that your job has changed. What matters is the extent of the change and how it affects the arrangement already in place. Moving from regular daytime hours to overnight shifts, taking a job that requires frequent travel or switching to an unpredictable rotation may create problems that did not exist when the court entered your order.

Explain how the change affects your child

The court will consider not only your new work hours but also their practical effect on your child’s daily life. For example, a new shift could affect school drop-offs, child care, bedtime or transportation between homes. Texas allows a different parenting time schedule when the standard possession order is unworkable or inappropriate.

Compare the new schedule with your custody order

Read your current order carefully before changing the routine. Some orders allow parents to agree on different possession times when both sides cooperate. Problems often arise when that cooperation stops. If your current arrangement no longer works, changing an existing order may provide greater stability than relying on informal, week-to-week agreements.

Find a parenting plan that fits

Think about what schedule would actually work with your new hours. If you now work weekends, weekday parenting time may make more sense. If your shifts rotate, you may need a plan built around a predictable work cycle. The goal is not simply to create a schedule that is easier for you. It should also give your child consistency and preserve meaningful time with both parents.

Gather records that support the change

Keep records that show what changed and when. An employer letter, shift calendar, travel schedule or work roster can help document your new responsibilities. You may also want to keep messages about scheduling problems, along with school or child care records that show how the current arrangement affects your child.

Make the new schedule official

You and your co-parent can make temporary adjustments when you agree, but those arrangements do not change the existing court order. If your work schedule has changed for the long term, consider whether your parenting plan needs to change with it. A thoughtful proposal should explain why the old schedule no longer works and how a new one would better fit your child’s everyday routine.]]> On Behalf of Werner Law Offices <![CDATA[What if your co-parent won’t return your child on time?]]> https://www.wernerlawfirm.com/?p=50166 2026-07-24T16:04:48Z 2026-07-24T16:04:48Z Confirm the situation Start by confirming that your child has not been delayed because of a misunderstanding or unexpected event. Review your custody order to verify the agreed return time and location, then try contacting your co-parent calmly to ask what is happening. Keeping your communication focused on your child's well-being instead of assigning blame can help resolve simple issues more quickly. If you cannot reach the other parent or receive conflicting information, make note of what happened before taking additional steps.

Document what happened

Keeping detailed records can help if the problem continues. Save text messages, emails and call logs that show when you expected your child to be returned and any responses you received. You should also write down the date, time and any other relevant details while they are still fresh in your memory. These records can help show a pattern if late returns become a recurring problem instead of an isolated incident.

Consider your legal options

Repeated violations of a custody order may require legal action. If your co-parent repeatedly refuses to return your child on time, an attorney can review your custody order, explain how Texas law applies to your situation and determine whether an enforcement action may be appropriate. Although it may feel tempting to respond by keeping your child longer during your own parenting time, doing so could create additional legal issues. Following the custody order while addressing the problem through the proper legal process can help strengthen your position if the dispute continues.

Protect your parenting rights

Taking prompt, thoughtful action can help keep a difficult situation from becoming an ongoing pattern. Continue documenting missed return times, communicate respectfully whenever possible and follow the terms of your custody order. These steps can help you address future concerns while keeping your child's well-being at the center of every decision.]]> On Behalf of Werner Law Offices <![CDATA[What happens if you die without a will in Texas?]]> https://www.wernerlawfirm.com/?p=50165 2026-06-29T11:17:25Z 2026-06-29T11:17:25Z How does Texas distribute your assets? If you die without a will, Texas law determines who inherits your property based on your family situation. The distribution depends on whether you are married and what type of property you own. Here is how the state typically divides your estate: If you are married:
  • Your spouse may receive all community property if you have no children or if all children are from your marriage with your spouse
  • Your spouse receives one-third of separate personal property and a life estate in one-third of separate real estate if you are survived by children or descendants, regardless of which relationship they are from.
  • Your children receive the remaining portions
If you are single:
  • Your children inherit everything equally
  • If you have no children, your surviving parents inherit your estate. However, if only one parent is alive and you have siblings, that parent receives half of your estate and your siblings split the remaining half. Your siblings inherit the entire estate only if both parents are deceased.
  • If your parents are deceased, your siblings become the beneficiaries
These rules apply automatically and leave little room for special circumstances or personal preferences.

Why consider creating a will?

Dying without a will can create complications for your loved ones during an already difficult time. The probate process may take longer and cost more when the court must determine heirship and distribute assets according to state law. Consider these potential issues:
  • You cannot choose a guardian for your minor children
  • You cannot leave specific items to particular people
  • You cannot exclude someone you would prefer not to inherit from you
  • You cannot designate an executor you trust to handle your estate
Creating a will gives you control over these important decisions. It allows you to specify exactly how you want your property distributed and who should manage the process. While intestate succession provides a framework, it treats everyone in similar situations the same way. Your family dynamics and wishes are unique and a will ensures your estate reflects your individual circumstances and desires. It is essential to understand your options so you could create a plan that works for your situation.]]> On Behalf of Werner Law Offices <![CDATA[3 major mistakes to avoid during the divorce process in Texas]]> https://www.wernerlawfirm.com/?p=50164 2026-06-08T11:19:30Z 2026-06-08T11:19:30Z Allowing your emotions to affect your decision-making Divorce naturally brings intense feelings of anger, hurt and frustration. If you let these emotions guide your decisions, you may regret the results later. You might be tempted to fight over items that hold little actual value simply to spite your former spouse, or you may make impulsive financial decisions that seem satisfying at the time but prove costly later. Consider taking time to cool down before making major decisions. A therapist or counselor can help you manage your emotions and stay focused on your long-term goals.

Being dishonest about your assets and finances

Texas is a community property state, which means most assets and debts acquired during marriage are divided between spouses. Some people attempt to hide money, undervalue assets or fail to disclose accounts, thinking this will give them an advantage. However, this approach typically backfires. Unlike states that require a strict 50/50 split, courts in Texas divide community property in a manner it deems just and right, which may not always be equal. Factors such as disparities in earning power and each spouse's education or employability may influence how the court divides property. Courts take financial dishonesty seriously. If they find hidden assets, it can hurt your case. Full transparency about your financial situation, even when difficult, tends to lead to fairer outcomes and helps maintain your integrity throughout the proceedings.

Using your children as messengers

Children should never become pawns in divorce disputes. Using them to deliver messages to your former spouse, asking them to choose sides or speaking negatively about the other parent in their presence can cause lasting emotional harm. Texas courts prioritize the best interests of children when making custody decisions. State law typically presumes that appointing both parents as joint managing conservators serves the best interest of the child, though this does not necessarily mean equal parenting time. Courts consider factors including the emotional and physical needs of the child, the parenting abilities of each parent, the stability of each home environment and any history of family violence when determining conservatorship and possession schedules. With these factors in mind, proving that you can work well with the other parent may help your custody case. Texas courts often look favorably upon parents who encourage and support the relationship between the child and the other parent.

Your vigilance can protect your interests during the divorce

Divorce can present difficult choices, but the steps you take now can shape your future for years to come. By approaching decisions thoughtfully, remaining honest about your finances and prioritizing your children's well-being, you can navigate the process more effectively.]]> On Behalf of Werner Law Offices <![CDATA[6 valid grounds for child support modification orders in Texas]]> https://www.wernerlawfirm.com/?p=50163 2026-05-11T14:56:47Z 2026-05-11T14:56:47Z Child support orders do not have to be permanent. If your circumstances have changed since the last order was issued, you may have valid grounds to request a modification in Texas. Hence, knowing your rights gives you the confidence to take the right action for your child's well-being.

How Texas courts define a valid change

Texas courts follow a clear standard when evaluating modification requests. They will generally consider a modification valid if circumstances have changed materially and substantially since the last order. Additionally, if three years have passed and the current monthly support amount deviates by at least 20% or $100 from what current guidelines would calculate, you may also qualify. Therefore, understanding this standard sets the foundation for the six grounds outlined below.

Six common grounds for a support modification

Now that you know what Texas courts look for, it helps to see how that standard applies to real-life situations. Several common circumstances qualify as material and substantial changes. Here are six valid grounds that Texas courts commonly recognize:
  • Significant income changes: Either parent receives a raise, a bonus, a new higher-paying job or experiences a job loss or pay cut.
  • Increased needs of the child: Your child develops a medical condition, requires specialized therapies or faces growing educational expenses.
  • New family responsibilities: When either parent has another child with a different partner, which can affect their financial obligations.
  • Cost of living adjustments: Health insurance premiums, daycare costs or medical expenses have increased significantly.
  • Relocation: A parent moves and takes on new travel or housing expenses.
  • Incarceration: A parent serves time in jail, which directly affects their capacity to meet support obligations.
Each of these situations reflects real life, and Texas courts recognize them as legitimate grounds for review. If any of these apply to you, the next step is understanding how proper guidance can help you move forward effectively.

Keep your order current and fair

Life changes and your child's support order should reflect that. If your circumstances have shifted, you have viable options. With the right guidance, you can better understand your grounds, evaluate your choices and take purposeful steps that keep your child's best interests at the center of every decision.]]> On Behalf of Werner Law Offices <![CDATA[What rights do you lose under guardianship in Texas?]]> https://www.wernerlawfirm.com/?p=50162 2026-04-15T16:03:01Z 2026-04-15T16:03:01Z What a court looks at before limiting your rights Before placing you under guardianship, a court must decide whether you can manage certain decisions on your own. The court also decides how much authority, if any, to give a guardian. In making that decision, the court will consider the following:
  • Whether you meet the legal definition of incapacity
  • What medical evidence shows about your condition
  • Whether you can manage daily or financial decisions
  • Whether a less restrictive option could meet your needs
  • Whether there is a risk to your health or property
These factors guide the court in shaping the order. The court will list which rights you keep and which rights transfer to the guardian.

What decisions a guardian may take over

Guardianship can cover different parts of your life; one person may handle personal decisions, while another may handle financial matters. A guardian of the person may decide where you live, what medical care you receive and how to meet your daily needs. This includes housing decisions and consent to treatment. A guardian of the estate may manage your finances, including income, bills and property or accounts. The court order defines the guardian’s authority and the guardian must stay within those limits.

Rights that may be limited in some situations

Courts review certain rights more closely and may limit them only after making specific findings about your ability in those areas. These rights can include your right to marry, your right to vote, your ability to drive or your ability to create or change a will. A court does not remove these rights in every case and will evaluate your situation before deciding whether any limits are necessary.

What rights you may still keep

Even if a court appoints a guardian, you may still keep certain rights because Texas courts aim to preserve your independence where possible. You may continue to make some personal choices, maintain relationships and take part in daily activities, and in some cases, you may also retain limited control over your spending. Guardianship is meant to support your safety while allowing you to remain involved in your own life, not to remove control without a clear reason.

How guardianship will affect your control and planning

Guardianship can protect you if managing certain decisions has become difficult, but it also shifts legal authority over parts of your life to another person. Before you move forward, you should consider whether a less restrictive option could meet your needs, since tools like a power of attorney may allow you to keep more control. If a court determines that guardianship is necessary, the terms of the order will define what changes, so reviewing those details in advance can help you plan ahead and make choices that reflect your preferences.      ]]> On Behalf of Werner Law Offices <![CDATA[Parallel parenting: 5 steps to plan an effective strategy]]> https://www.wernerlawfirm.com/?p=50161 2026-03-03T09:22:26Z 2026-03-03T09:22:26Z Divorce is often a pressure cooker for years of pent-up emotions; when children are involved, the risk of those feelings boiling over can create a volatile environment that no child should have to experience. For families facing ongoing conflict, parallel parenting offers a practical way to protect children while reducing daily tension. Unlike traditional co-parenting, this approach relies on a clear plan instead of constant interaction. Done correctly, it creates stability and significantly limits conflict  Here are five strategies to make parallel parenting work in Texas:

1. Use a clear, Texas-specific parenting plan

In Texas, the term “custody” is replaced by conservatorship. Most parents are named Joint Managing Conservators (JMC), which gives both parents rights and duties. A parallel parenting plan can limit these rights in daily life, avoiding overlap that can cause conflict. Include schedules for school, activities and holidays, and spell out who handles routine tasks. A well-defined plan maintains steady routines for children, creating predictability that benefits both parents and their child.

2. Set communication boundaries

Parents in frequent dispute benefit from limited direct contact. Use approved channels like email or parenting apps and share only essential updates. Written communication prevents arguments over small issues and keeps the focus on the child’s health, schooling or urgent needs.

3. Assign decision-making responsibilities

Decision-making is where many parallel parenting plans fail. In Texas, parents can give exclusive or independent rights in key areas. For instance, one parent may have the exclusive right to make school decisions. This “tie-breaker” avoids constant disputes over tutors, field trips or school projects. It lets each parent act independently while keeping big choices collaborative.

4. Plan transitions carefully

High-conflict moments often happen during hand-offs. Use neutral locations such as the child’s school. Stagger pick-up and drop-off times so parents rarely meet. An organized routine promotes a sense of safety for children and prevents unnecessary tension.

5. Address social media and the right of first refusal

Friction can also stem from disagreements online or over childcare. Include clauses that stop parents from posting negative comments about each other. You may also remove the right of first refusal, which normally requires offering childcare to the other parent first. Skipping this rule reduces unnecessary contact. By following these steps, parents create clear boundaries and give children a healthy environment.

Turn your parenting plan into a legal safeguard

Parallel parenting is not just a strategy; it can be ordered by the court, giving it legal weight. A Texas family law attorney can help you create a plan that meets legal requirements and protects your children’s well-being.]]> On Behalf of Werner Law Offices <![CDATA[How long does a divorce take in Texas?]]> https://www.wernerlawfirm.com/?p=50160 2026-01-28T16:21:31Z 2026-01-28T16:21:31Z Texas residency requirement To file for a divorce in Texas, either you, your spouse or both of you must have lived in the state for at least six months. You would also need to have stayed in the county where you filed your divorce case for at least three months (90 days).

60-day mandatory waiting period

Under Texas law, all divorcing couples must enter a 60-day waiting period before a judge can grant their divorce. This “cooling-off” timeline allows couples to reflect on their personal thoughts and consider their decisions. This 60-day waiting period starts as soon as you or your spouse files a petition for divorce. After this step, the “petitioner” must serve their spouse with a copy of the petition. Once the “respondent” receives the divorce notice, they must submit an answer within the court’s given due date. If they do not respond on time, the court can proceed with the divorce case without their input. This action is called a “default judgment”.

Factors that may help speed up the divorce process

While each couple’s situation and divorce case are unique, there are some common variables that can help fast-track the legal process. Three of these factors include:
  • You and your spouse do not have children
  • You and your spouse do not have high-value property and have no hidden assets
  • You and your spouse file for an uncontested divorce
Once both you and your spouse agree on all aspects of your divorce and the court’s rulings have been outlined, the judge will sign your final divorce decree.

All good things take time

With the right guidance and a solid support system by your side, you can navigate the complexities of your divorce and slowly transition into your life’s new chapter.]]> On Behalf of Werner Law Offices <![CDATA[Can bankruptcy affect child or spousal support orders?]]> https://www.wernerlawfirm.com/?p=50158 2026-01-05T11:17:05Z 2026-01-05T11:00:19Z You face tough financial times and wonder if bankruptcy changes your child support or spousal maintenance orders in Texas. Federal law generally protects these family obligations from discharge, yet details matter in your situation. Consider how these rules might apply as you explore your legal options.

Child support stays non-dischargeable

Child support obligations are strictly non-dischargeable in both Chapter 7 and Chapter 13 bankruptcy. They always survive the discharge. You keep responsibility for both ongoing payments and past due amounts after discharge. This protection stems from federal bankruptcy code sections that prioritize family support. In Texas, the Attorney General can pursue collection even during the automatic stay. Such steps help ensure continuity for the child involved.

Spousal maintenance faces limits

Spousal maintenance or alimony, follows similar patterns but with some nuances. Payments truly meant for your former spouse's basic support generally do not discharge in bankruptcy. Texas courts classify many as domestic support obligations, keeping them enforceable.​ Exceptions may arise if a divorce decree labels something as maintenance yet it functions more like a property split. You might challenge classification, though success depends on specific facts. Always review your order carefully.​ Key distinctions include:
  • Child support always prioritizes the child's welfare
  • Spousal payments protect the recipient's necessities
  • Property settlements could discharge more readily
These differences guide how bankruptcy interacts with your orders.

Enforcing payments amid bankruptcy

The automatic stay pauses many collections, but support claims often bypass it. You or the recipient can file proof of claim to seek arrears from bankruptcy estate funds. In Chapter 13 plans, courts require full payment of these priority debts over time. Texas enforcement tools persist, such as wage withholding or state agency actions. Recipients might request stay relief to continue pursuits. Strategies like these maintain payment flow during proceedings.​

Steps to consider next

Gather your divorce decree and support orders for review. You may contact the Texas Attorney General's office if arrears build up. You can also consult a Texas family law or bankruptcy professional to assess your unique circumstances.

Protect your family's future

Bankruptcy offers debt relief paths, yet support orders demand careful planning in Texas. You gain clarity by understanding these protections and enforcement options. Reach out to a qualified divorce attorney soon to tailor steps to your needs.]]>