Real Estate, Probate and Family Law Blog

Unfortunately, many marriages end in divorce in Texas. When this occurs, you need an experienced Texas divorce lawyer from Hixson Law Firm to represent you. This is an emotional time, and you need someone that is level headed to ensure your legal rights are protected and to guide you along the way. Every divorce is different, and we can take the necessary time to evaluate your situation to offer our expert legal advice. We try our best to get to terms that are fair and equitable for both parties.

Texas Divorce Laws

In order to file for divorce in the State of Texas, either spouse must be a resident for at least six months before filing. They also must have resided in the count that the petition is being filed for at least 90 days. The petitioner must give notice to the other spouse. If they don’t answer within 21 days from being served, the case is default. This is usually a 60-day waiting period from the date the petition is filed before a judge grants the final divorce decree in Texas. This isn’t required if the court finds someone guilty of domestic violence or there’s an active protection order against the other party.

A divorce can be granted if the marriage is a conflict of personalities, adultery has occurred, there’s been cruelty, one spouse commits a felony, or abandonment has occurred for at least one year. A divorce order will include information about child custody, support, assets division, and more.

Call to Schedule a Free Consultation with a Texas Divorce Lawyer Today

If you or a loved one is contemplating divorce, Hixson Law Firm can help. Our experienced divorce legal team can answer your questions about the legal process and laws in Texas. We serve all of Mansfield, Arlington and Grand Prairie, Texas. Call us today to schedule a free legal consultation at (817) 261-5000. We are ready and willing to serve you and your family.

Parents of minor children who are getting divorced or were never married must work out a legal arrangement that works best for the children. This usually means that the noncustodial parent must pay child support to the person who holds custody. With the help of our Texas family lawyer, you can ensure that you and your children’s legal rights are always protected. At Hixson Law Firm, we have years of experience and the necessary resources to help you to get the results that you need for your family. A change in financial support is known as child support modification.  

Child Support Laws

Your child support order in Texas is only eligible for modification only if one or more of the following applies to the situation:

• The monthly amount of the child support order differs by $100 from the amount that would be awarded or 20%
• The order was last modified or established more than three years ago.

Also, a modification only applies if the noncustodial parent’s income has increased or decreased. And they are legally responsible for other children and/or the child, or children’s insurance coverage has changed in some way. In order to execute child support modification, an in-office negotiation or a Child Support Review Process must be done. A court hearing may also occur. Informal agreements do not change the amount. This is only done by one of the two options above.

How Do I Modify My Child Support Order?

First gather all relevant information, including name and address of the other parent, copy of the original support order and the name and addresses of the child or children involved in the original order. With the help of our family lawyer, you can file a petition for child support modification. If the court rules in your favor, the modification becomes effective the date that the original petition was filed.

Call to Schedule a Free Consultation with a Texas Family Lawyer Today

If you’re interested in learning more about child support modification, call our experienced legal team today. The Hixson Law Firm serves the cities of Arlington, Grand Prairie and Mansfield, Texas. To schedule an appointment for a free consultation with a professional Texas family attorney, call (817) 261-5000 today.

When it comes to ending a relationship or a marriage, child support issues arise. With the help of our professional child custody attorney at Hixson Law Firm, we can work with you to get through these legal situations easily. Unless there is a prenuptial agreement intact, child support proceedings can take a long time. However, with the help of our experienced legal team, we can ensure that your legal rights are protected every step of the way.

How We Can Help

Our child support attorney will take time to look through your financial resorts and determine what each person contributed to the relationship or marriage. The more prepared you are, and the more documentation you bring, the more likely the process will go faster. When calculating these child support payments in Texas, the court must first determine the monthly net resources of the parent paying child support.

This will include everything minus federal income and state income tax, union dues, social security taxes, and health insurance expenses for the child or children. For monthly net resources less than $7,000, a percentage of the proceedings will be given, such as 20% to one child, 25% for two children, etc. This money can be used for the needs of the child, the cost of their insurance, schooling, etc. This child support order lasts until the child’s 18^th birthday. If this is in the middle of their school year, it continues until the end of the school year. Our legal team can also help with child support modification as well.

Hire a Texas Child Support Attorney Today to Protect Your Parental Rights

If you or a loved one needs help with child support in the State of Texas, it’s time to hire a professional child support lawyer to represent you. Hixson Law Firm serves Arlington, Grand Prairie and Mansfield, Texas. Call us today to schedule a free legal consultation to discuss child custody at (817) 261-5000.

Laws are set up so that public safety is protected, and citizens are obligated to not jeopardize that safety. Sometimes, however, people are negligent, and their behavior results in harm to others. If this has happened to you, you have the right to file a civil lawsuit. By doing this, you may be able to get compensation for the damages that were done to you. A civil law attorney can help you to file this type of lawsuit in the state of Texas. The Hixson Law Firm of Texas and its professional legal staff are dedicated to giving you a voice. We will evaluate your case and determine whether you can obtain legal compensation.

How a Civil Lawsuit Works

Civil law is a different area of law than criminal law. You need not be working in the area of law enforcement to bring a civil lawsuit against someone.  Anyone may file a civil lawsuit if there has been negligence of some kind. The first step is to file a complaint with a court. Once that is done, the discovery process starts. During Discovery, the defendant, or person being sued, and the plaintiff, or person filing the suit, gather evidence to support their side. For example, if the lawsuit is regarding a personal injury caused by some defective product, the plaintiff will gather medical records of treatment for the injury. A legal professional from the Hixson Law Firm of Texas can plead your case in court and help you win compensation for damages caused to you by the defendant.

Call to Schedule a Free Consultation with a Civil Law Attorney in Texas Today

If you have been harmed by the negligence of another, call to schedule a free consultation with a civil law attorney in Texas today.  Let the Hixson Law Firm help you hold those who have harmed you accountable for their actions and give you a legal voice. We serve the cities of Mansfield, Arlington and Grand Prairie, Texas, and we are dedicated to representing you.  Call us at (817) 261-5000 and let us be your advocate.

Ultimately, taking the time to prepare with a thought-out estate plan that consists of a will or a living trust is one of the best things you can do for your family. Professional Texas attorneys such as John Hixson have been helping families do that for years in Arlington and the surrounding community. This helps your loved ones to grieve without having to make important decisions or deal with lengthy paperwork at a difficult time.

Understanding The Differences Between Wills & Trusts

One main difference between wills and trusts in Texas is that one goes into effect after someone dies and the other takes effects as soon as it is created (a trust). A will is a legal document that directs who will receive property at someone’s death. It also appoints a legal representative to carry out the wishes of the will. While a trust is used to begin distributing property before death, at death or even after. A trust is a legal arrangement through which one person or institution such as a bank or law firm, known as a trustee, holds the legal title to property for someone else known as a beneficiary. A trust typically has two beneficiary types: one that receives income from the trust throughout their life or another that receives whatever is left after the first set of beneficiaries pass on.

A will covers any property that is only in the beneficiary’s name when they die. It doesn’t cover anything in a trust or in joint tenancy. A trust, however, covers only property that has been transferred directly to the trust itself. Also, a will passes through probate. That means that a court oversees that the will is valid and the property is distributed accordingly. A trust passes outside of probate, so a court isn’t required. This saves both time and money for living family members.

If you or a loved one need help with wills & trusts in Arlington or the surrounding communities, call 817-261-5000 today to speak to a professional estate planning attorney.

A will, also known as a last will and testament, helps to protect both your family and your property. A will can be used to:

• Name an executor, the person who is responsible for carrying out your wishes
• Name a trusted person to manage property that you leave to minor children
• Name a personal guardian to care for your minor children
• Leave property to people/organizations

Will preparation by a professional wills & probate Texas attorney helps to ensure that you and your family are prepared for the worst. It is one of the most selfless decisions you can make for your family as they are given time to grieve when it is needed and not to resolve your loose ends.

What happens if I die without will preparation in Texas?

In the state of Texas, if you die without a will, your property is distributed according to state intestacy laws. This means your belongings go to your closest relatives starting with your spouse or children (if applicable). If you have neither, then your grandchildren or parents get your property. The list continues until the court is able to find living relatives to give your things to.

A professional wills preparation lawyer will work with you to prepare your will perfectly. They will ensure that everything is thought of when it’s most important. You will be protected when you need it most. Professional will preparation is more than just paperwork, it is years of experience analyzing situations to advise you on the best way to accomplish your wishes.

If you or a loved one need help with will preparation from a professional attorney in Texas, call 817-261-5000 today.

The wealth you’ve earned in your lifetime can help your family to continue on without you after your death. A properly-drafted and administered trust can help protect your assets. With legal guidance from an estate attorney in Arlington, you can both design and administer your family’s trust in a way that benefits them the most. This can include irrevocable, revocable, marital, charitable, generation-skipping transfer, or grantor retained annuity trusts.

Trust Administration Laws in Texas

The laws concerning trust administration are found in the Texas Trust Code, the court decisions interpreting said trust law and in the trust instrument. This code allows trustees to administer trusts according to the terms of the trust document and the provisions of the law codes in the state of Texas. A trustee is a fiduciary, who is responsible for carrying out the wishes of the person who appointed them as such. Some of their responsibilities include:

• Administering the trust in the interest of beneficiaries
• Keep beneficiaries informed of the trust and any updates regarding it
• Invest/manage trust assets as an investor (if applicable)
• Take action to collect claims due to the estate

Ultimately, a trust in the state of Texas isn’t a legal entity. It is simply a relationship where a trustee acts as an agent for beneficiaries, whether income or remainder. Beneficiaries may ask the trustee for an accounting of the estate at any time. It is their duty to allow you to look at the books and to keep copies readily available. As you can see the process of trust administration is difficult, making it increasingly important to hire a legal professional to represent you and to guide you.

If you or a loved one need help with trust administration from a professional Arlington estate lawyer, call 817-261-5000 today to learn what they can do for you and your family.

When your property rights come into dispute and something you’re entitled to has been taken from you, you need a title disputes lawyer in Texas who will represent your interests. Whether the dispute is about ownership or your rights to something else such as easements, John Hixson can help you. He helps litigate or negotiate title disputes for his Texas clients.

Ultimately, a title issue can stop a real estate transaction from completion. A clean title is the difference between a transaction going through or not. A title issue can stall a sale or purchase of a home or property indefinitely.

What types of disputes can a Title disputes lawyer help with?

Ultimately, determining who has the title to the real estate and the rights associated with the real estate according to Texas law can be difficult to understand. The history must be traced through land records and deeds/conveyances must be examined and interpreted properly.

A titles disputes lawyer can help with:

• Easement disputes
• Boundary disputes
• Disputes over who the right to convey
• Disputes over which property a deed actually conveys
• Disputes over trust property conveyed by a trustee
• Disputes over oil/gas titles

When it comes to real estate, the stakes can be high with litigation over titles. At John Hixson, we understand you need personal attention to your case for the best possible results. Because these issues require close attention to detail and understanding of the law, it is advisable to always hire a legal professional to help you with title disputes in and around Arlington, Texas.

If you or a loved one need legal advice from a title disputes lawyer in and around Arlington, Texas, call 817-261-5000 today.

Small estate laws in Texas were created to enable heirs to obtain property of the deceased without the need for probate. They also can shorten required probate proceeds when certain conditions were met. Small estates can be administered quicker and cheaper too. If the deceased didn’t include everything in their trust, small estate laws may help. A professional estate lawyer in Texas can help determine what can be done with these issues following a loved one’s death.

How can a small estate affidavit help?

In Texas this small estate affidavit is executed by the spouse and/or the heirs of the deceased. It is presented to the holder of the property so as a bank in order to obtain the property. The main requirement in Texas to use an affidavit is that the value of the property does not exceed $10,000 USD. If it does, a summary administration is allowed. A summary administration is allowed for values of more than $10,000, but less than $20,000. A professional Arlington attorney can help you determine which legal document is required.

Texas law requires the filing of an affidavit within 30 days of the death of the decedent, that’s why it is so important to hire a professional attorney quick. After an affidavit is approved by the court, it can be used to collect debts owed to the decedent.

An affidavit must:

• Be sworn to by two disinterested witnesses
• Include all known estate assets and liabilities
• Include the name/address of each distribute
• Include any relevant fact concerning heirship that shows the distributee’s right to receive money or property.

If you or a loved one need help with small estate affidavit preparation from a wills & probate lawyer in Texas, call 817-261-5000 today.

Any legal matters involve tenant and rental properties or real estate transactions can become lengthy and costly legal battles if they aren’t dealt with properly. With the help of a real estate attorney in Arlington, Texas, you can save money, negotiate the best deal, ensure that any issues with tenants are resolved well and can also make sure that there is a smooth transfer of property (if applicable).

How a Real Estate Attorney Helps Property Owners

This real estate attorney will have experience with real estate law and helping property owners in many ways including and not limited to:

• Collecting for work performed
• Helping with title issues
• Preparing deeds to change the title of a property
• Advice regarding real estate transactions
• Preparation of contracts or other documents
• Closing services
• Document preparation or litigation to clear title to property
• Preparation of wills and trusts to help with smooth transfer of property after death
• Probate of a will to change the title of a property
• Heirship proceeding (in no will situations) to change the title to property
• Foreclosure services
• Filing liens

Landlord Representation in Arlington, Texas

Finding an experienced eviction attorney is important as they’re experienced with evicting a tenant legally. With the help of law enforcement, tenants are evicted. The goal is to evict people without someone getting hurt or their belongings being damaged in any way. Hiring a lawyer in Arlington to handle an eviction will save you stress, time, and money. They can handle your legal affairs with ease and ensure that every law is followed during this difficult process.

If you or a loved one need help with a real estate matter in Arlington or the surrounding communities, call 817-261-5000 today.