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Is Your Estate Plan Up to Date?

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By Houston Probate Attorney Estelee Garrison

An effective estate plan should be designed to carry out your wishes for the distribution of assets and the appointment of representatives to manage your affairs in the event of your death, or temporary or permanent disability.

To establish your intentions and reduce the burden on your heirs, planning should be completed with an eye toward clarity and simplicity, as well as estate and gift tax savings, creditor protection, and minimizing or eliminating unnecessary probate involvement.

With the start of a new year, now is the perfect time to review the plans you have in place, and reflect on any changes that have happened in your life and how they may affect your estate plan. Below are some questions to consider as you review the terms of your will and your related estate planning documents.

Last Will and Testament

Have there been any changes in your family? These could include marriage, divorce, births, deaths, debilitating injuries or illnesses, minor children reaching the age of majority, etc. How about major changes in your financial circumstances, real or personal property, or other assets, including an increase or decrease in value, liquidity, and succession? Are you effectively planning for estate taxes?

Power of Attorney

Who is named to act as your agent? Have they been granted a Limited Power of Attorney or do they hold a Statutory Durable Power of Attorney? What about medical decisions and how those will be made? Have you granted a Medical Power of Attorney to anyone, and does that person know generally what your wishes are?

Advance Medical Directives

Medical decisions concerning life-sustaining care and treatment can be some of the hardest decisions to be thrust upon your family members. Do you have a valid Advance Medical Directive that details your wishes in the event of a terminal or irreversible condition and, if so, do your family members know it exists?

Are Your Beneficiary Designations Up to Date and Correct?

These will typically become effective immediately at the time of your death and will supersede a bequest in a Last Will and Testament. Did you know that divorce automatically affects a beneficiary designation? The most common example of these is a life insurance policy, but very often bank accounts and other financial assets include a beneficiary designation. Be sure you’re keeping track of which of your assets include such a designation, and that they’re up to date. And definitely review your designations after major life events such as marriage, the birth of children, divorce and remarriage. The difficulties you may avoid for your family and loved ones later will definitely make it worth your time.

How Are Your Assets Titled?

Do you understand how marriage affects your ownership of property? Do you know whether any of your property is your separate property, or if it’s all community property? Do you know what difference it makes if you have joint assets with rights of survivorship? How you own the property and other financial assets make a critical difference in how those assets are distributed under the laws of the Texas Estates Code, and your beneficiary designations should be reviewed periodically to ensure that assets are going to the correct beneficiaries.

Is All of Your Estate Information Gathered in One Place?

And last but definitely not least in terms of importance – remember that the most carefully planned and meticulous estate plan in the world cannot serve you if it remains safely hidden away and is never found. It is vital to keep all of your estates related information in a location known to your representative or at least where it can be easily found. This should include a listing of assets with account numbers, plans for distribution of tangible personal property, names and contact information of advisors, and final arrangement information.

Estelee Garrison is a Houston-based attorney specializing in the areas of probate and trust administration, guardianship, estate planning, and business succession planning with particular attention to high net worth planning. If you have questions about estate planning, please contact The Law Office of Sam M. “Trey” Yates, III, P.C. for a consultation.

Five Tips for Surving Christmas During Divorce

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Christmas is only three days away.  Traditionally, Christmas is a time for bringing the family together to celebrate. However, when you are in the middle of, or have recently completed, divorce proceedings, the holiday can feel much less festive.

Throughout my years of practice as a divorce lawyer in Houston, I have collected many tips from my divorce clients and other divorce attorneys for dealing with the stresses of divorce during the holiday season.  Below is my list of five tips for surviving divorce during the holidays:

  1. Surround yourself with positive people. Try to steer clear of negativity. It goes without saying that divorce is very stressful and takes a tremendous amount of mental and physical energy. Hang out with friends who uplift you and try to steer clear of those who bring you down.
  2. Treat yourself to something special. Visit a day spa. Buy that bracelet you’ve had your eye on. When you give more to yourself, you have more to offer others.
  3. Stay mindful of your health and well-being. Eat healthful meals. Make sure you get enough exercise and sleep. Try not to overeat or drink to excess.
  4. Create new traditions. You now have the freedom to spend Christmas and other holidays in any way that you’d like! Take a personal vacation, or if you’re feeling altruistic, volunteer to work a shift or two in a soup kitchen and help those who are truly in need.
  5. Set realistic expectations. Maintaining realistic expectations for the holiday season can go a long way towards reducing stress and frustration. Practice good self-care, establish clear boundaries, and take things one day at a time. It will get easier!

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’ 2015 Guide to Good Divorce seminars, please visit www.GuideToGoodDivorce.com or call 713-932-7177.

Practice Gratitude and Realize the Benefits Even In Divorce

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by Houston Divorce Attorney Sam M. “Trey” Yates, III

My experience and science has proven it: practicing gratitude makes us happier; even while going through tough times in our lives, such as divorce.

One very important segment of my law practice involves helping clients navigate the rough and choppy waters of divorce. As one might expect, this is usually a very difficult time for most couples and families. Often, my clients feel overwhelmed, anxious, flawed and dejected.

The pain they feel is very real and I readily acknowledge it, but I don’t leave them there.

The many years spent in this role has taught me a lot about the divorce process, and not all of it has to do with divorce law. What I have come to know is that divorce with all it difficulty and pain, is an opportunity for both individuals to begin again – to reboot their lives, so to speak. So, I encourage my clients to focus on the many blessings in their lives and be grateful.

In a recent book entitled Thanks, Dr. Robert A. Emmons conducted several studies on the psychology of gratitude and found that being thankful can increase one’s happiness. In one study, people who took time to write down five things they were grateful for in the past week felt 25 percent happier than those who focused on “hassles” or neutral events over the same time period. The grateful group was also more optimistic about the future, felt better about themselves and even exercised 1.5 hours more a week that the others. In another study, Emmons found participants who expressed gratitude also were more satisfied with their lives overall and slept better.

Over the years, I have come to realize that women going through divorce benefit from a wide range of expert advice and counsel throughout the divorce process. So, in 2011, I created the Guide to Good Divorce program to be a source of encouragement, hope, strength and community for divorcing women as they transition out of marriage and into the next phase of their lives.

During our seminars, several experts share many practical tools to help women handle the stress and difficulties that come with divorce. We also offer ways to shift the perspective from one of fear to one of gratitude. I know in my own life and in the lives of many people I know, gratitude is vital to inner peace and overall happiness. That is why cultivating an attitude of gratitude is a unique hallmark of our program and an important segment of each seminar.

I encourage my clients to not only practice gratitude, but seek out a community of supporters. The comfort and power available from a community of like-minded women experiencing similar challenges offers a peace that comes from shared solutions. I have found again and again, that divorce is difficult, but it can be a transformative experience.

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’ 2015 Guide to Good Divorce seminars, please visit www.GuideToGoodDivorce.com or call 713-932-7177.

Temporary Orders During Divorce Protect Both Spouses

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For many individuals facing divorce, a common concern is the disruption of financial security during the divorce process. This issue can be especially frightening and overwhelming when a stay-at-home parent, a financially dependent spouse or a disabled spouse is facing divorce.

Here are some of the concerns I hear from spouses facing divorce who fear significant financial challenges:

  • “My spouse earns much more than I do, how will I support myself and my children on my income alone while I’m going through divorce?”
  • “My spouse has complete control of the household finances, I have no money to pay a divorce attorney.”
  • “My spouse is threatening to take away my children if I file for divorce since he/she makes most of the income.”
  • “I have cared for our children and our home for many years and do not have a job. I need help acquiring skills so I can get work after the divorce.”

I have counseled many individuals in these and similar circumstances who are so concerned about finances, they are virtually paralyzed with fear and unable to take action. I cannot over emphasize that there are solutions to these and other concerns with regard to maintaining a couple’s financial stability during the divorce process.

While the divorce is pending and agreements are being worked out, most couples should consider setting up temporary orders and/or support to protect their assets and credit during the divorce process. Whatever the situation, either spouse can ask for a temporary support hearing at the time the divorce is filed or shortly thereafter.

Temporary orders can state, while the divorce is pending, who stays in the family home; who cares for the children; and who is financially responsible for the mortgage payment, utilities, car payments, etc. These orders also set rules restraining any inappropriate conduct by divorcing spouses.

In my experience, couples can often agree upon reasonable, temporary financial arrangements, through their attorneys, that will tide them over until the divorce is final. One attorney can draft a Temporary Orders document that outlines all the financial details agreed on. This document is then signed by each spouse and filed with the court. Agreeing on temporary orders at this stage moves the process along, alleviates fears and avoids incurring additional legal fees from going to court.

As far as paying attorney’s fees, many lawyers today accept credit cards from clients going through divorce. This is an option to consider if couples do not have the cash reserves available to finance the divorce. This also may be a good solution for couples wanting to preserve what cash reserves they have to pay for unexpected expenses during the divorce process.

The first step to securing your finances during the divorce process is to find a family law attorney who is experienced in divorce and can assist you with these and other concerns you may have.

For more information on divorce law in Texas, or to register for Trey Yates’ July 26, 2014, Guide to Good Divorce seminar, visit our website or call 713-932-7177.

Dividing Marital Assets in a Divorce

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by Houston Divorce Attorney Sam M. “Trey” Yates, III

There are many myths surrounding divorce law in Texas. One myth is that all marital assets will be divided 50/50 in a divorce. This is not the law. In a divorce, the court will order a “just and right” division of the couple’s community property. This means that neither party is automatically entitled to an even split of the community estate, nor is a court ever allowed to award one spouse’s separate property to the other spouse.

Let’s take a closer look at the two major categories of marital property in the State of Texas: Community Property and Separate Property.

Separate Property consists of property owned or claimed by a spouse before marriage; property acquired by a spouse during marriage by gift, devise, or descent; and recovery for personal injuries sustained by a spouse during marriage, except any recovery for loss of earning capacity during marriage.

Community Property consists of the property, other than separate property, acquired by either spouse during marriage. This is true regardless of which spouse has possession of the property. The fact that one spouse is named on the title, deed, or account, or that one spouse receives the asset as payment for personal services (e.g. salary), or the asset will not be paid until a later date (e.g. retirement benefits), will not change the character of the property.

Presumption of Community Property

In Texas, there is a legal presumption that property possessed by either spouse during or on dissolution of marriage is presumed to be community property. This legal presumption can only be overcome by “clear and convincing evidence” that the property in question is indeed separate property. The most common way of proving separate property is by tracing the asset from the date of acquisition to the present date.

Right to Reimbursement

The increase in value of a spouse’s separate property during marriage is generally considered separate property. However, a spouse may have a claim for reimbursement when the community estate in some way improves the separate estate of one of the spouses, or vice versa.

Sam M. “Trey” Yates, III is a Houston-based Board Certified Family Law Attorney and creator of The Guide to Good Divorceseminars for women. If you have questions about your Houston divorce, please contact The Law Office of Sam M. “Trey” Yates, III, P.C. for a consultation.

Gratitude Increases Happiness, Even During Divorce

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by Houston Divorce Attorney Sam M. “Trey” Yates, III

One very important segment of my law practice involves helping clients navigate the choppy waters of divorce. As one might expect, this is typically a very difficult time when my clients often feel overwhelmed, anxious, flawed, and dejected.

As their attorney, I listen intently to each of them as they pour their hearts out to me. The pain they feel is very real and I readily acknowledge it, but I don’t leave them there. Many years in this role have taught me a lot about the divorce process, and not all of it has to do with divorce law. What I have come to know is that divorce, with all its difficulty and pain, is an opportunity for both individuals to begin again—to reboot their lives, so to speak. I offer them encouragement, a place of calm and security, and hope for future happiness.

Over the years, I have come to realize that women going through divorce often benefit from a wide range of expert advice and counsel throughout their divorce process. I created the “Guide to Good Divorce” program to be a source of encouragement, hope, strength, and community for divorcing women as they transition out of marriage and into the next phase of their lives.

We share many practical tools in our seminars to help women handle the stress and terror that come with divorce. We also offer ways to shift perspective from fear to gratitude. From my own experience, as well as observing the experience of others, I have learned that gratitude is vital to our inner peace and overall happiness. That is why cultivating an attitude of gratitude is a unique hallmark of our program and an important segment of each seminar.

In a new book Thanks!: How Practicing Gratitude Can Make You Happier, Dr. Robert A. Emmons conducted several studies on the psychology of gratitude and found that being thankful can increase one’s happiness. In one study, people who took the time to write down five things they were grateful for in their past week felt 25 percent happier than those who focused on challenges or neutral events over the same time period. The grateful group was also more optimistic about the future, felt better about themselves, and even exercised more per week than the others. In another study, Emmons found participants who expressed gratitude also were more satisfied with their lives overall and slept better.

I encourage my clients to not only practice gratitude, but also seek out a community of supporters. For my women clients, the comfort and power available from a community of like-minded women experiencing similar challenges offers peace that comes from shared solutions. Divorce is difficult, but it also can be a transformative experience.

Join other women facing divorce and discover the keys to unlocking your best life at this information-packed, educational workshop. The cost is only $49.

2014 Seminar Dates

(Seminars are 8:30 a.m.-2 p.m.)

May 3 & September 27

Houstonian Hotel, Club and Spa

111 North Post Oak Lane

Houston, TX 77024

July 26

Unity of Houston

2929 Unity Drive

Houston, TX 77057

For details or to register, please visit The Guide to Good Divorce website or call 713.932.7177.

Legal Term of the Week: Incompatibility

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In the context of Family Law, incompatibility means unable to live together as husband and wife due to irreconcilable differences. In no-fault divorce states, if one of the spouses desires to end the marriage, that fact proves incompatibility, and a divorce (dissolution) will be granted even though the other spouse does not want a divorce. The term also has the general meaning that two people do not get along with each other.

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 Houston divorce, please contact The Law Office of Sam M. “Trey” Yates, III, P.C. for a consultation.

Get Into the Driver’s Seat of Your Divorce

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by Houston Divorce Attorney Sam M. “Trey” Yates, III

If you are going through a divorce, or even just considering divorce, my advice is to find out all you can about the divorce process itself. Knowledge is power, so the more you know, the more engaged you will be in your divorce, and the more empowered you will be in determining its outcome.

Your divorce attorney and his or her team will be a helpful resource on all things legal during your divorce. Your role will be to ask questions, communicate often with your legal team and to quickly provide them with documents and information they need.

There is no doubt that you will be reeling with the emotions that accompany divorce, but you must get into the driver’s seat of this process immediately. Realize that the decisions you make now will significantly impact you and your children, if applicable, for the rest of your lives.

Meeting regularly with a therapist during this process can do wonders for you and your family in coming to grips with divorce, emotionally and psychologically. It’s also a good idea to ask for the support of close friends and family during this time. Then, when you meet with your legal team, you will be ready to focus on that aspect of the process.

One area that I make sure my clients focus on early in the divorce process is securing temporary orders. Temporary orders set the rules while the case is pending. For example, who pays which bills, who will be responsible for the children, etc. If abuse is an issue, it may also be covered in these orders. If you live in the greater Houston metropolitan area, it can take from six months to a year before a divorce is finalized. So, it is in everyone’s best interest to obtain temporary orders immediately after filing. Having temporary orders in place also will bring peace of mind.

Assisting your legal team in getting those temporary orders in place requires that you develop a budget of all household expenses. These typically include the mortgage payment, all utilities, car payments, etc. Temporary orders also require that you disclose any presence of abuse or threat of abuse. This also serves as part of the “discovery” process that each divorcing couple goes through. Each spouse’s legal team will require that all assets and debts be disclosed as part of the process of coming to an agreement of how the marital estate will be divided.

Since each divorce is unique, what is included in the temporary orders depends on each couple’s specific circumstance.  A good legal team will walk you through all the necessary steps in navigating the divorce process and encourage you to ask questions so you remain engaged and fully understand what is going on.

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 Houston divorce, please contact The Law Office of Sam M. “Trey” Yates, III, P.C. for a consultation.

Legal Term of the Week: Custody

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Custody refers to the legal arrangements for which a child will live with and how decisions about the child will be made. Custody has two parts: legal and physical. Legal custody is the decision-making part: physical custody refers to where the child lives on a regular basis. Generally, the parent the child does not live with will be allowed to have regular visits with the child. Parents can make any custodial arrangement that is in the best interest of their children. 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. Factors taken into consideration may include:

  • The age and health of each parent.
  • The age and health of the child.
  • The child’s educational needs, higher education notwithstanding.
  • The desire on the part of each parent to have sole or joint custody.
  • The employment stability and potential of each parent.
  • The financial resources of each parent and that of the child’s.
  • The impact on each parent maintaining two households.
  • The income and earning capabilities of each parent.
  • The possibility of the child obtaining employment.
  • The tax liabilities of each parent.
  • The willingness both parents demonstrate to allow visitation.
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 Houston divorce, please contact The Law Office of Sam M. “Trey” Yates, III, P.C. for a consultation.

You Play A Vital Role In Your Divorce Process

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The Guide to Good Divorce seminars, created by Houston divorce lawyer Trey Yates, are designed to help women at all stages of the divorce process.by Houston Divorce Attorney Sam M. “Trey” Yates, III

 

If you are considering or seeking a divorce, my best advice is to find out all you can about the divorce process itself. Knowledge is power, so the more you know, the more engaged you will be in your divorce, and the more empowered you will be in determining its outcome.

Your divorce attorney and his or her team will be a helpful resource to you on all things legal during your divorce. Your role will be to ask questions, communicate often with your legal team and provide them with documents and information they need quickly.

There is no doubt that you will be reeling with the emotions that accompany divorce, but you must get into the driver’s seat of this process immediately. Realize that the decisions you make now will significantly impact you and your children, if applicable, for the rest of your lives.

Meeting regularly with a therapist during this process can do wonders for you and your family in coming to grips with divorce, emotionally and psychologically. It’s all a good idea to ask for the support of close friends and family during this time. Then, when you meet with your legal team, you will be ready to focus on that aspect of the process.

One area that I make sure my clients focus on early in the divorce process is securing temporary orders. Temporary orders set the rules while the case is pending. For example, who pays which bills, who will be responsible for the children, etc. If abuse is an issue, it may also be covered in these orders. If you live in the greater Houston metropolitan area, it can take from six months to a year before a divorce is finalized. So, it is in everyone’s best interest to make this a priority immediately after filing. Having temporary orders in place also will bring peace of mind.

To assist your legal team in getting those temporary orders in place requires that you develop a budget of all household expenses and disclose any presence of abuse or the threat of abuse. This typically includes the mortgage payment, all utilities, car payments, etc. Since each divorce is unique, what is included in the temporary orders depends on each couple’s specific circumstance.

Generally speaking, this is part of the discovery process that each divorcing couple goes through. Each spouse’s legal team will require that all assets and debts be disclosed as part of the process of coming to an agreement of how the marital estate will be divided.

Depend on your legal team to walk you through all the necessary steps in navigating the divorce process. Your role will be to assemble required documents and ask questions so you are engaged in the process and you fully understand what is going on.

Join Trey Yates at one of the 2014 upcoming Guide to Good Divorce seminars in Houston: Sat. Feb 1, Sat. May 3, Sat. July 26, or Sat. Sept. 27, all from 8:30 a.m. – 2 p.m. Cost is only $49 and includes a light brunch and all materials. For details or to register, visit www.GuideToGoodDivorce.com or call 713-932-7177.

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SAM M. (TREY) YATES, III, P.C. 2003.

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