Honesty is the best policy when working with your attorney

July 27, 2018 by treyyateslaw-admin

Most of us agree with the simple, yet powerful life principle, “honesty is the best policy.” Yet, when it comes to working with your attorney, whether it be with regard to your divorce, your estate plan, your will, or any other legal case, it is especially vital that you are honest and candid with him or her from the beginning.

Your attorney will be an advocate in your case. Consequently, in order to perform his duties well, he and his staff will require accurate, detailed information from you. You will be an active member of your team in this regard — not a silent partner, or a nonparticipating bystander. So, pulling together the necessary documents and facts of your case will be largely your job, unless some kind of legal action is required in order to obtain necessary documents.

The information and documents pertaining to your case will be used to protect your interests and help you and your attorney develop a strategy. They will also be foundational to helping you effectively navigate the process toward a desired set of goals.

Know that you will be delving into often very personal, intimate areas of your life that may expose marital problems, income, debt, spending habits, bank accounts, tax forms and more.

For example, if your spouse or other relative has tried to control you through intimidation, threats, violence or restricting access to your personal information, you should immediately let your attorney know about these concerns. This type of behavior may mean you cannot engage in fair and open negotiations. In cases where abuse exists, attorneys are likely to approach the process very differently than cases where no abuse exists.

(For more information about how actual or threatened abuse can affect a legal proceeding such as divorce, contact your local domestic violence shelter, or the National Center on Domestic and Sexual Violence at http://www.ncdsv.org.)

In your search for the best attorney for you, you will want to choose one who is seasoned and skillful in the area where you need help. A secondary qualification involves whether the attorney has a personality you feel comfortable with. Remember, you will likely be sharing very personal and intimate details with him or her, so this is important.

It is common for those seeking legal counsel to schedule several consultation meetings with attorneys before they choose one. So, it is best if you prepare for these meetings in advance, and are somewhat organized when you meet. Think about the details of your case ahead of time. Gather as many financial and other pertinent documents as possible, and review them before the consultation meeting.

There may be individuals in your life who have valuable information relevant to your case. Be sure to explain this to the attorney. Get a feel for where you stand financially and otherwise, and reflect on what your goals are for the future.

Share with your attorney the settlement terms that are the most important to you. If you aren’t sure, ask him or her to help you make this determination in alignment with your legal rights. Sharing this with the attorney helps him or her get a better point of reference for your case.

If you think there is something in your past that may be potentially damaging to your case — such as conduct that could affect your child custody arrangement — disclose it to your attorney as early as possible. And the same is true of your social media activity. Discuss your social media accounts and what you know about your spouse’s activity, and then get his or her advice on how to use the accounts during your legal process. If a situation changes or you remember something that could be of interest to your attorney, let him or her know as soon as possible.

If depositions are conducted, you will be asked questions under oath. Be sure to work with your attorney in preparing for this stage. Your answers can be used later, so be sure you completely understand the question and you answer it honestly. If you know of questions that might be asked of you, inform your attorney who can help you prepare.

If you are uncommunicative or dishonest with your attorney, you may not get an accurate assessment of your case. Your attorney also may withdraw from your case. Changing attorneys midstream can be expensive and time consuming for all.

By simply committing to being candid and honest, you will gain peace of mind, while also maintaining your dignity, as you move forward in your life.

A workshop for Leaving a Legacy – Giving Beyond a Lifetime

July 10, 2018 by treyyateslaw-admin

Trey Yates will be presenting a complimentary Legacy Planning Workshop on Sunday, July 15, 2018, 12:30 – 1:30 p.m., at Unity of Houston. This informative workshop is designed to assist individuals, couples or families in understanding the benefits of basic estate and gift planning, and how “Your Legacy” can shape the future of your favorite charity for the next generation and beyond.

At the workshop, Yates will provide professional and practical information designed to help you develop a Legacy plan that not only meets your goals, but is aligned with your spiritual values.

He will also discuss common misconceptions regarding Legacy planning, along with the basic fundamentals of creating wills, trusts, and other gift planning opportunities.

Highlights of this workshop:

What is Legacy planning and why do I need it?
Setting your Legacy planning goals
Tools essential to Legacy planning
Getting organized
Setting your Legacy plan in motion
Dispelling urban myths around Legacy planning
How to handle Federal Tax laws
How to reduce taxes today by leaving a Legacy
The value of expert Legacy advice and working with Legacy professionals

The workshop will be in Wallet Hall, across the courtyard from the Unity of Houston Bookstore, 2929 Unity Drive, Houston, TX 77057. Reservations are not required. For more information, visit Unity of Houston.

Trey Yates Law Attorney, Mike Day, Honored for Legal Pro Bono Work On Behalf of Area Immigrants

July 9, 2018 by treyyateslaw-admin

July 9, 2018, Houston — Mike Day, with Trey Yates Law, was honored recently for outstanding pro bono work in 2017 at the 2018 Harris County Bench and Bar Pro Bono Awards Luncheon.

Mike was recognized by judges and attorneys across Harris County as the group’s Individual Award Winner, which included a profile in The Houston Lawyer Magazine (page 34-35), published by the Houston Bar Association (HBA).

Mike volunteers about 120 hours of legal assistance annually to individuals and families facing complex and difficult legal issues in the community. In 2017, he worked on cases through Houston Volunteer Lawyers.

“One case involved a low-income immigrant women who had limited English proficiency,” Mike said. “Another case involved the divorce of a Vietnamese immigrant. It involved a prenuptial, property issues and some cutting edge issues in immigration law.

“I believe it is important to help people who would otherwise have a difficult time finding and retaining an attorney. I have a passion for real estate issues, and both of these cases involved some complicated property issues. Yet, there would have been just too many barriers to the courtroom for these women without pro bono representation. I was also fortunate in that I partnered with attorneys who could speak the clients’ native language. It was a team effort.”

Mike also mentors other volunteers and serves as the pro bono subcommittee chair for the HBA Family Law Section.

A committee headed by HBA president, Alistair Dawson (Beck Redden, LLP) and the Hon. Robert K. Schaffer (152nd District Court) selected winners based on the quality and quantity of pro bono representation. Winners in other categories included professionals with Exxon Mobil Corporation’s Legal Group; Baker Botts, LLP; Akin, Gump, Strauss, Hauer & Feld, LLP; and Berg & Androphy.

About Trey Yates Law

Trey Yates Law has been serving the citizens of the Greater Houston area since 1986, primarily in the area of complex family law matters, divorce and probate/guardianship litigation. Trey Yates is certified by the Texas Board of Legal Specialization in Family Law. For more information, visit www.treyyateslaw.com or call 713-932-7177.

Media Contact: Pamela Schied, 713-416-4410, [email protected].

Will a tax law change in 2019 impact your divorce agreement this year?

July 9, 2018 by treyyateslaw-admin

By Trey Yates

Have you or your spouse been dragging your feet in finalizing your divorce? Well, you both may have a good reason to sign on the dotted line by year’s end.

A significant change to federal income tax law surrounding alimony or spousal maintenance will go into effect next year. This new rule will wipe out a 75-year-old tax deduction dealing with alimony payments, starting Jan. 1, 2019.

You would be wise to discuss this new rule immediately with your divorce attorney, because it may require that you and your spouse be officially divorced by the end of 2018, before the tax law goes into effect.

It all depends on the specifics of your case and how changes in that law might affect you.

Starting in 2019, the change in the tax law shifts the tax burden to the higher earner. Under the “new tax rule,” the spouse paying alimony will no longer be able to deduct the support from his or her gross income. For the alimony recipient, the payments will be tax-free.

Many experts such as myself forecast this change will likely have far-reaching and unexpected ramifications. I anticipate this will make settlement negotiations harder because the spouse with the alimony obligation or option will be motivated to pay less to offset the new, increased tax burden.

The bottom line here is a divorce with an alimony component in 2018 will be easier to resolve now than with the new tax law in 2019, because the outgoing tax law leaves more money to go around.

This change is another reminder that when it comes to divorce, what you don’t know can hurt you! And if you aren’t familiar with divorce law, and other areas of law relevant to your case, your family could be impacted financially and otherwise for the rest of your lives!

I recommend securing the assistance of an experienced divorce lawyer who is Board Certified by the Texas Board of Legal Specialization in Family Law. Attorneys with this certification offer relevant, proven experience, and have been thoroughly tested for special competence in a specific field of law.

Premarital Agreements

June 27, 2018 by treyyateslaw-admin

Prenups are no longer taboo for many couples

Based on several recent studies and what we have seen in our law practice, prenups or premarital agreements, seem to be losing their stigma, and are actually gaining in popularity. Prenups are contracts between spouses designed to protect assets, earnings and increasingly intellectual property, in the event of divorce. Numerous couples are now turning to prenups to protect themselves from any debt their partner may bring into the marriage, especially from skyrocketing student loans.

According to a survey of its members conducted by the American Association of Matrimonial Lawyers (AAML), 62 percent are seeing a general rise in the number of prenups they are being retained to develop. Fifty-one percent are seeing a specific increase in millennials preparing for marriage with prenups in hand. The top three areas most covered in today’s prenuptial contracts include “protection of property” by 78 percent of respondents surveyed, “alimony or spousal maintenance” at 74 percent, and “division of property” by 68 percent. The next three most common categories covered by prenups are “protection of the increase in value in separate property” at 64 percent, followed by “inheritance rights” at 42 percent, and 24 percent choosing “community property division.”

It is widely known that millennials are generally getting married at a later age, which may explain their desire to protect what they’ve saved or purchased before marriage. But they are not alone. Couples of all ages who are entering into second or even third marriages often want to make sure children from prior marriages and other assets are protected financially. Prenups are also being used to protect a spouse who sets aside a career to stay home with the kids. In these cases, a prenup would ensure the stay-at-home parent is adequately compensated or supported in case of a divorce.

Exploring your own prenup

Each individual should spend some time reflecting on what assets and debts he or she will be bringing into the marriage. Determine what you want to designate as “separate” property and what you may want to designate as “community property.” Also, develop a plan to pay back debt. Then, each should visit with a board certified family law attorney experienced in developing prenups to determine how a plan might or might not be legally accomplished. When you have some information, discuss what you’ve learned with your partner and develop your plan together and then, have your attorney draft the contract.

For the most part, prenups cannot include child custody or child support matters, since this runs counter to Texas divorce law. Legally speaking, a court will have the final say about what’s best for the child.

The overall concept of a prenup has its practical side, but getting down to the nitty-gritty of creating one with your finance can prove awkward. Each couple will have to approach this idea with finesse and tact, depending on who they are, what each of their pasts hold and what is important to each one moving forward.

Divorce in Midlife

August 1, 2017 by treyyateslaw-admin

Women at Midlife More Likely to Initiate Divorce, Yet Have the Most to Lose

According to a survey conducted by AARP, women facing divorce in midlife are especially vulnerable financially, and more likely than men to be troubled about becoming financially destitute.

In her book, He’s History, You’re Not: Surviving Divorce after 40, Erica Manfred writes, “Older women’s losses are greater. They have been married the longest and take the hardest hit both financially and emotionally. They lose happy memories of times past, and the expectation of a secure, comfortable future.

“Many women facing divorce in this age group feel as if they have lost control over every aspect of their lives –financial, emotional and spiritual. They are thrust into an unfamiliar legal maze and called upon to make important, irreversible life changing decisions.

Despite these challenges, however, I have witnessed women who eventually come to see divorce as

a catalyst to propel them into their next best life, and emerge from divorce stronger, wiser and in more control of their destinies than ever before.

That is why I created the Guide to Good Divorce, a seminar series designed to help women get the information and support they need to transition successfully through the divorce process to a healthier, happier life.

Our seminars provide women with vital information they need to make informed decisions about divorce and the divorce process. Yet, it goes one step further and addresses the transformative potential of this opportunity as a time of self-discovery and personal growth–offering advice and tips on life skills, as well as psychological and spiritual wellness.

Our half-day seminars include sessionson the law of divorce in Texas, divorce financial planning, life skills, and spiritual wellness. In addition to providing information and access to experts, these workshops offer women the opportunity to meet and share with others facing the challenges of divorce, and start to build new communities of support.

Sam M. “Trey” Yates, III is a Houston-based Board Certified Family Law Attorney and creator of The Guide to Good Divorce seminars for women. If you have questions about your Texas divorce, please contact The Law Office of Sam M. “Trey” Yates, III, P.C. for a consultation. If you’d like more information about Houston divorce lawyer Trey Yates’ 2016 Guide to Good Divorce seminars, please visit www.GuideToGoodDivorce.com or call 713-932-7177.

Children’s Issues in a Divorce

September 27, 2016 by treyyateslaw-admin

It is the policy of the State of Texas to assure children will have frequent and continuing contact with both parents who have shown the ability to act in the best interest of the child. With this in mind, the courts in Texas favor joint managing conservatorships in which both parents share decisions about their child’s upbringing.

The State of Texas also encourages every parent going through a divorce to submit a detailed parenting plan to the court before the judge issues a temporary or final custody order. The court will intervene only if the parents cannot reach an agreement.

Any divorce or child custody lawsuit has the potential of resulting in lasting harm to both the children and their parents. Most Texas family law judges are willing to accept a parenting plan that has been crafted by the parents with the guidance of their respective legal counsel, to fit that family’s unique traditions and cultural influences once the court has been shown that the parenting plan is in the best interest of the children.

Mediation is almost always mandatory when children’s issues are in dispute and before a no-holds-barred custody fight is played out in the courtroom.

Most divorces involving children name one parent as the primary Joint Managing Conservator and grant the other parent (also a Joint Managing Conservator) “Standard Possession Order” visitation. The visitation is spelled out in great detail in the statute (Texas Family Code Section 153.312) and should also be spelled out in detail in the Final Decree of Divorce.

The court may consider the following factors in determining conservatorship:

Whether a parent can provide a safe, stable and nonviolent environment for the child;
Whether a parent has participated in child rearing before the filing of the suit;
The geographical proximity of the parents’ residences once separated;
The physical and mental health, stability and moral character of both parents;
If the child is 12 years of age or older, the child’s preference, if any, regarding the person to have the exclusive right to designate the primary residence of the child;
Evidence of abuse or domestic violence; and
Other relevant factors.

Either or both parents may be ordered to make periodic, lump sum, or both types of child support payments. There are official child support guidelines set out in the statute and these are presumed to be reasonable and in the best interests of the child. The factors for consideration are: (1) the age and needs of the child; (2) the ability of the parents to contribute to the support of the child; (3) any financial resources available for the support of the child; (4) the amount of possession and access to the child; (5) the net resources of the parent to pay support, including the earning potential of the parent to pay support if the actual income of that parent is significantly less than what that parent could earn, if intentionally unemployed or underemployed;(6) any childcare expenses necessary for the employment of either parent; (7) whether a parent has custody of another child and any child support expenses being paid or received for the care of another child; (8) the amount of alimony being currently paid or received; (9) provisions for healthcare; (10) any educational or healthcare needs of the child, including college expenses; (11) any benefits a parent receives from an employer; (12) any debts or obligations of a parent; (13) any wage or salary deductions of the parents; (14) the cost of traveling to visit a child; (15) any positive or negative cash flow from any assets, including a business or investments; (16) any provisions for healthcare or insurance; (17) any special or extraordinary educational, healthcare, or other expenses of the parents or the child; (18) whether either parent has a car or housing furnished by an employer or other person or business; and (19) any other relevant factor.

The court may order health insurance coverage to be provided for the child. In addition, the court may order income withholding to secure the payment of child support. [Texas Codes Annotated; Family Code, Chapters 154.001 to 154.309].

The goal of any child custody or visitation dispute should be to obtain a fair resolution of that dispute so that the children in question can resume a stable and positive routine as quickly as possible either on a temporary basis or upon final settlement or trial of the matter. Choosing a Board Certified Family Law attorney who is comfortable in mediation, negotiation or in the courtroom is essential to obtaining that goal.

*Based on Texas Statutes; Family Code, Chapter 153

Sam M. “Trey” Yates, III is a Houston-based Board Certified Family Law Attorney and creator of The Guide to Good Divorce seminars for women. If you have questions about your Texas divorce or child custody issue, please contact The Law Office of Sam M. “Trey” Yates, III, P.C. for a consultation. If you’d like more information about Trey Yates’ upcoming Guide to Good Divorce seminars, please visit www.GuideToGoodDivorce.com or call 713-932-7177.

Don’t Let Divorce Derail Your Retirement

August 1, 2016 by treyyateslaw-admin

Image courtesy of Gloria Williams

If you are considering or going through divorce, it is likely that divorce will impact your retirement. However, the more knowledgeable you are about yours and your spouse’s finances, including your retirement benefits, and divorce law in Texas, the better prepared you will be to make sure divorce doesn’t derail your retirement.

You and your spouse will begin the divorce process by gathering together all your financial documents. This will include statements for all your retirement accounts — Individual Retirement Accounts (IRAs), 401(k) and 403 (b) accounts, and profit-sharing plans, as well as Roth IRAS and other pension plans. Increasingly, the variety and complexity of these plans may require some expert consultation or valuation during the divorce process.

You and your spouse will also be required to provide documentation on any other marital assets purchased during the marriage such as real estate, cash, stocks and bonds, automobiles, trust interests, businesses, stock options, valuable collections and more.

Working with your legal team, marital assets will be designated as community property or separate property, according to Texas divorce law. If the property was acquired by yourself or your spouse before marriage, it will likely be considered separate property and not subject to division in a divorce. Be prepared to provide documentation as to its origin. However, if the separate property has increased in value, that increase may be considered marital or community property, and thus, subject to division. If during your marriage, property was acquired through a gift, bequest, inheritance, law suit, etc., the asset may be your separate property even though it was acquired during the marriage.

All marital assets designated as community property should be appraised or valued. This may require special expertise, for example, if a family business or unique executive benefit packages are involved. Be cautious when comparing the dollar value of marital assets. A $100,000 IRA is not equal to a home with $100,000 in equity. Homes typically require ongoing maintenance and unexpected repairs; real estate values can also fluctuate dramatically in market downturns and may incur capital gains taxes when they are sold.

As you become knowledgeable on the financial aspects of divorce as well as divorce law in Texas, you will be in a better position to know what assets you want to secure from the settlement. Discuss your post-divorce goals with your divorce attorney in Houston. Then, map out a strategy designed to help you achieve those goals, without derailing your retirement plans.

Sam M. “Trey” Yates, III is a Houston-based Board Certified Family Law Attorney and creator of The Guide to Good Divorce seminars for women. If you have questions about your Texas divorce, please contact The Law Office of Sam M. “Trey” Yates, III, P.C. for a consultation. If you’d like more information about Trey Yates’ 2016 Guide to Good Divorce seminars, please visit www.GuideToGoodDivorce.com or call 713-932-7177.

The Traits Of The Best Divorce Lawyers

June 3, 2016 by treyyateslaw-admin

During the run up to a divorce action, those involved are understandably under significant stress making it hard to find the best divorce lawyer to represent their position. The process of identifying the lawyer that suits you best is difficult at best and even harder when you’re not really sure what you are looking for.

There are a couple of important traits that the best divorce lawyers have:

- Integrity: Any lawyer, including divorce lawyers, must be very honest with their clients; they should give an accurate, unemotional assessment of the strengths and weaknesses of your divorce case. The last thing you need at this time is a cheerleader. You do not want to hire a divorce lawyer that tells you everything is fine and you have no worries, if you hear these types of comments, keep looking.

- Communication skills: You are facing an issue that probably you have not faced before, not so with your lawyer. You want a lawyer that can explain what is happening in layman’s terms and more importantly, one that is available to talk to you during the process. You and your lawyer should be in close contact, things happen during the process and you need to know the best way to react.

Patience: Going through a divorce is difficult and you have every right to be emotional. It’s OK for you but your lawyer must always be calm and pleasant. If the lawyer you are talking to tends to lose patience or speaks harshly to you or people in the office then don’t hire him. The best divorce lawyer will help you manage your emotions; you certainly don’t want to be around someone that will only make the emotional roller-coaster worse.

As well as having integrity, be a good communicator and be patient the best divorce lawyer will be objective, be skilled in a courtroom environment and ensure that all documents required are complete and filed with the court in a timely manner.

Contact Trey Yates Law today for a personal interview with our experts.

Do You Need A Prenuptial Agreement?

May 19, 2016 by treyyateslaw-admin

If you and your future spouse wish to have a clear and binding prenuptial agreement then it is advisable for both of you to engage your own family law attorney. However, long before you get the attorneys involved both of you need to decide on the terms.

Why is legal assistance needed?

Although the term is the same, the laws that govern prenup agreements are not from one jurisdiction to another. There is considerable information available on the internet that can help guide you but the actual agreement is best when drawn up by an attorney.

It is important that the agreement be drawn up by two independent attorneys. Prenup agreements are scrutinized very closely by the court, for the agreement to pass muster it is critical that each party to the agreement have their own family law attorney. Any agreement that is drafted without the advice of two attorneys is cause for concern for the court.

The court is one thing, having two attorneys helps both parties to develop an agreement that is fully understood, neither party will be left with the impression that they were taken advantage of.

Decide what is important and get good attorneys:

The couple must first try to develop the basis of a lasting agreement. It is difficult for a family law attorney to develop a meaningful prenup in the absence of something that has already been discussed and agreed upon. It is always best if the couple can give the attorneys at least an outline of their thinking, the end result will be well balanced and fair to all.

Both parties to the agreement should choose their own Houston family lawyer, one that is seasoned in matrimonial law. The attorneys should also be capable of working together to create a long lasting, clear and fair agreement. It may take some time to find the right attorneys but it is well worth the effort, Contact to The Law Office of SAM M. (TREY) YATES, III, P.C. to know more information.