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Temple, Texas, General Practice Blog

Asking for a prenuptial agreement: Tips you can use

Once you and your partner decide to get married, you'll have a lot to think about. While planning your perfect wedding is a big deal, you should turn some of your attention to the future.

For example, discussing the pros and cons of a prenuptial agreement is never a bad idea. Even if you don't proceed with a prenup, talking about one gives you the opportunity to discuss some very important details about the future with your partner.

Family conflict more destructive than estate taxes

Creating an estate plan serves several purposes. For many, a well-constructed plan will protect their assets and their heirs from federal estate taxes, which can take a sizeable bite out of an inheritance. However, a new report shows that taxes are not necessarily the threat for which you need to plan.

The biggest threat to an estate, even one with a plan in place, is family disputes. Nearly half of attorneys and other advisors polled for the study agreed that family disharmony can drain an estate and leave families in turmoil. While there may be no way to dispel all animosity that exists among family members, you can take certain steps to ensure you have eliminated as many sources of contention in your estate plan as possible.

Are there specific steps to take after a car accident?

There are few things in life scarier than being part of a car accident. Even if it's a minor fender bender with one other vehicle, you'll have concerns about your health, legal rights and the financial impact on your life.

There are several steps you can immediately take after a car accident to help put your mind at ease. Here are five things to do:

  • Check yourself for injuries: This is a top priority, as you need to know what you're up against in regard to injuries, your health and the type of treatment you require.
  • Move to safety: Depending on the circumstances, this may be the first thing you do. Either way, do your best to move your vehicle out of traffic and to an area where you don't have to worry about another accident.
  • Call 911: You should never attempt to control the scene of an accident on your own. A quick call to 911 will result in an ambulance and police being dispatched to the scene.
  • Receive medical treatment: Even if you're feeling okay, but just a bit shook up, you should still ask for transportation to a local hospital for a professional evaluation. Some injuries don't present symptoms right away.
  • Contact your insurance company: Once you review your policy, contact your insurance company to file a claim.

What are possible solutions when involved in a boundary dispute?

Private property is important, and it is in your rights to take the necessary steps to protect yours. One of the instances in which you may have to protect what you own is if you find yourself in a dispute with your neighbor over property boundaries. This can be much more than an inconvenience -- it can be a threat to your Texas property rights. 

If you find yourself fighting with a neighbor over where your property ends and his or hers begins, there are a few different ways you can solve this problem. While going to court is not always the only solution, it can be helpful to understand all the options you have as you seek a beneficial resolution. Boundary disputes are complex, but it is important to take quick action to address this type of problem before it escalates.

How do you choose the right business structure?

There is nothing more exciting than starting a business. However, before you can open your doors to the public, you need to choose the right business structure. Making a mistake here could cost you time and money in the future.

Some of the most common types of business structure include:

  • Partnership
  • Limited liability company (LLC)
  • Sole proprietorship
  • S corporation
  • C corporation

Property owners' responsibility to keep you safe

When you were a child, you may have thought nothing of tripping and falling. In fact, falling down may have even been part of your outdoor play, and your knees and elbow gave evidence to that. However, falling down is no longer fun, and you may take every reasonable precaution to remain on your feet.

While you may be cautious, the unfortunate truth is that those around you may not be as concerned about your safety. For example, the owners of property to which you are invited or welcome have an obligation to keep their property as safe as possible from slipping and tripping hazards. If you should fall on someone else's property, you may have many questions about who is responsible for your injuries.

What are the primary benefits of virtual visitation?

There are times when you just don't have the ability to visit with your child in person. While this may be not ideal, it's often a way of life after divorce.

You do your best to visit with your children based on your visitation schedule, but it's important to learn more about alternative options. Virtual visitation, for example, is one of the best.

Anyone can make these estate planning mistakes

Estate planning is not something most people look forward to. In fact, it may be something you continue to put off. Although it'll bring you face-to-face with some important questions, it's critical to dive in at the appropriate time.

Here are five estate planning mistakes that have plagued many people before you:

  • Waiting too long. You assume you have an unlimited amount of time to create an estate plan, so you continue to put it off. Waiting too long, however, can backfire if something goes wrong.
  • Forgetting to update your estate plan. The estate plan you create today may not be sufficient in the future. Get into the habit of reviewing your plan at least once every year. If you find something you need to change, take immediate action.
  • Overlooking the importance of incapacity planning. It's a must to know who will handle your affairs if you become incapacitated. For example, having a healthcare power of attorney is important.
  • Choosing the wrong executor. This is the person who will administer your estate upon your death. Choosing the right person for the job will put your mind at ease.
  • Forgetting to name a guardian for your children. If you have children younger than 18, naming a guardian is vital. This person will step in to raise your children should you and your spouse pass on.

Factors for consideration when drafting a commercial lease

Drafting a commercial lease is an important step for many Texas businesses, but it is beneficial to proceed through this process with caution. Signing a lease without negotiating the terms or carefully reviewing it can lead to financial complications in your future. Before you move forward with any decision, take steps to ensure you are not exposing yourself to potential financial losses and other avoidable issues in the future.

You may not know that many commercial leases are negotiable. Because of the nature of commercial real estate, it is actually in the interests of the property owner to be willing to work with the tenant on the terms of the lease. You may find it beneficial to seek guidance as you pursue terms that will work well for your company and your business operations. 

Avoid these potential holiday child custody disputes

Settling on child custody arrangements during the holiday season is easier said than done. You have one set of plans in mind, but your ex-spouse may have another. This can lead to a variety of concerns, all of which you need to work through as quickly as possible.

Here are three potential holiday child custody disputes to plan for:

  • Traveling with your children: If you have plans to take your children out of town, such as to visit relatives in a different part of the country, discuss it with your ex-spouse first. Also, refer to your custody agreement to ensure that you're permitted to do so.
  • Sharing time: You'll want to spend as much time as possible with your children during the holidays. The other parent will likely feel the same way. If your parenting agreement spells out how to share time during the holidays, rely on this to keep you on track.
  • Gifts: This sounds harmless enough, but disputed gifts can cause a lot of stress during the holidays. For example, if your ex asks you not to buy a particular gift but you do so anyway, an argument could ensue.
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Harrell, Stoebner & Russell, P.C. Attorneys at Law

Temple Office
2106 Bird Creek Drive
Temple, TX 76502

Phone: 254-935-3036
Fax: 254-771-2082
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Killeen Office
2210 E. Central Texas Expy.
Suite 102
Killeen, Texas 76543

Phone: 254-432-7058
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