FAQs

Where Will My Property Go if I Do Not Have a Will

admin — Wed, 04 Apr 2012 22:45:08 +0000

If you are married and have only children from that marriage, the State of Texas provides that all of your community property will pass to your spouse. The legislature reasoned that this is how you would want to leave your property had you considered your mortality and created a will, and therefore, provided that your spouse would receive all of the property and hopefully use it to raise the children in your absence.

The real rub comes in when there is a blended family. In that event, the State of Texas, in its infinite wisdom, decrees that all of your community property (property acquired during marriage) and 2/3 of your separate property (property acquired before marriage, or by gift or will) will go to your children. The other 1/3 of your separate property will go to your spouse. This can really create some problems. Consider the effect on the house that you and your spouse purchased. After your death, 1/2 of the house belongs to your spouse and 1/2 of the house belongs to your children. This is complicated further if the children are minors. Minors cannot contract, and therefore if your spouse needed to sell the house to move into something smaller, or to move to another town, he or she would have to have the court appoint a guardian to insure that what she wanted to do was in the best interest of the minor children. Assuming that she could get the house sold, it would be very difficult to even reinvest the minor’s portion of the proceeds. And remember the east coast probate problems. Because you did not appoint an independent executor, your spouse will have to get permission from the court for every move that he makes. A very expensive proposition.

Most people do not have a will because they do not want to think about the reason that they need a will (they are going to die) and they have no idea what it costs and are afraid that it is cost prohibitive. Generally a will costs between $300.00 and $1,000 if it is not too complicated. Therefore a couple can have wills drafted and executed for about $600 to $1,200. While this cost will not provide complicated estate planning, it will provide some basic peace of mind for you and your family. Moreover, if your estate is under $5,000,000.00, it will generally be exempt from federal estate tax. The money that you spend on a will now is an investment so that your spouse and children do not need to spend many times that cost unraveling your estate.

Sept. 1, 2011 New Laws, Veterans Day and Voting

admin — Tue, 08 Nov 2011 23:55:53 +0000

Back on August 29, 2011, we tried to give you some information related to the new laws taking effective on September 1, 2011. I want to provide you with more information related to those laws in a manner I think is clearer and more concise. Hopefully this will be helpful. Here is the link http://www.tcdla.com/members/resources/2011%20LEGISLATIVE%20UPDATE%20-%20FINAL.pdf
On another note, this is a very important day for all Americans and our firm hopes our citizens recognize the importance of this date – it is voting day. How appropriate that it comes in the same week that we will celebrate Veterans Day. By voting and exercising this important right, it is another way we as Americans can give a big thanks of gratitude to those who are serving, and have served, this country in the armed forces in all capacities in order to continue to have the freedom and the power of the vote. Exercise this right and say thanks to a Veteran!

Giving Back – Boys and Girls Club

admin — Thu, 22 Sep 2011 13:44:59 +0000

In our everyday practice of law or just our busy lives, sometimes we lose focus of our real purpose. In light of our mission statement of “service, we at Bruchez and Goss have been committed to service to the community since the firms inception, with our attorney’s venturing outside the practice of law to serve on boards and committees of agencies committed to helping and bettering our society. One such agency that we strongly support is the Boys and Girls Club of the Brazos Valley. We see the effects of lost youths every day in the court rooms across our region. Whether the Boys and Girls Club is serving a disadvantaged youth, one who’s parent is serving our military, or helping out that working family by providing an healthy place for children to learn, exercise, and expand their cultural experience, we believe the Boys and Girls Club is an excellent avenue to provide a stable influence in a child’s life. In this time of tough economic struggle, the Boys and Girls Club shares in these struggles with many resources of funds being cut. Because of this, the Boys and Girls Club has to reach out to many more donors to meet needs of our local growing club. We want to encourage all of our client and others who may visit our site to consider investing in the lives of our future when contemplating giving back to the community. Visit Boys & Girls Clubs of America and see our future leaders, teachers, businessman, and professionals and see how you can help.

Now, we understand the this subject may not appear to be of legal significance to those looking at our site, we believe it can help to serve the greater good. Thanks for you attention.

Where do I find the TAMU student disciplinary rules?

admin — Wed, 07 Sep 2011 21:44:15 +0000

The best place to start a search related to Texas A&M student disciplinary rules and procedures is at http://student-rules.tamu.edu/studentliferules Another option would be to contact our attorneys in order to give you some advice and insight related to the procedures … Continue reading →

New Laws Effective Sept. 1, 2011

admin — Mon, 29 Aug 2011 22:14:11 +0000

For those who are interested, here is a link that will show all the laws the 82nd legislature for the State of Texas enacted that will take effect Sept. 1, 2011. http://www.courts.state.tx.us/tjc/pdf/82nd_leg_update.pdf

Blogging Fools

admin — Fri, 26 Aug 2011 19:44:52 +0000

Bruchez, Goss, Thornton, Meronoff & Hawthorne is currently under technological education and learning new ways to communicate with their clients and to provide helpful information. In that regard this FAQ category is a work in progress until we catch up to speed on being Blogging Fools! We encourage you to check our educational progress and learning curve by visiting this site periodically. Hopefully we will become active scribes for cutting edge legal subjects, perspectives, and opinions. Maybe if the technology bus does not run us over we can learn to drive it.

Have a good day,

Kyle Hawthorne