Castroville Attorneys

Trusted Family Law and Estate Planning Lawyers in Castroville

The last thing you need is an impersonal law firm when you are going through a divorce, dealing with other sensitive family issues, or working to finalize your estate plan. At South TX Family Law in San Antonio, we know how difficult these times can be. Our experienced legal team provides attentive, clear, effective representation when it matters most. Attorney Julie Boren with South TX Family Law, as a former Medina County Assistant District Attorney knows the Medina County legal system well, and Laura D. Heard has practiced in Medina County for many years. Whether you are facing the end of a marriage or planning the distribution of a lifetime of assets, we offer personalized service and the localized proficiency needed to achieve your goals.

Compassionate Family Law Services

Family disputes are often among the most stressful events an individual must face. We focus our approach on resolving conflicts efficiently for your benefit while prioritizing the well-being of any children involved. Our firm emphasizes the combination of compassion for our clients and excellent legal representation.

Divorce and Property Division

Texas is a community property state. Under the Texas Family Code, all property acquired during the marriage by either spouse is presumed to be community property, which must be divided in a manner the court deems just and right. This may or may not result in a 50/50 split. We work to identify separate property to ensure your individual interests remain intact. Separate property includes assets owned before the marriage or received by gift or inheritance.

Child Custody and Support

The primary consideration of Texas courts in cases involving child custody and access is the best interest of the child. Texas law presumes all parents should be joint managing conservators of their children, absent extraordinary circumstances. We help parents establish Joint Managing Conservatorships, in which both parents share in the rights and responsibilities of raising the child, even if the child primarily resides with one parent. We work to make creative solutions for how joint managing conservatorship will work in your family. For those families who need a different arrangement, we are skilled in negotiations and mediation for a customized solution. Our skilled attorneys ensure child support calculations adhere to state guidelines. Payments are typically based on a percentage, depending on the number of children, of the non-custodial parent’s net resources but there are several factors influencing that percentage. In cases of special needs, we can present the proof necessary to increase that amount or we can negotiate for an agreement for different terms that will be accepted by the court. Even though there are state guidelines, there is room for persuasion by the attorney given the evidence at hand.

Comprehensive Estate Planning

Creating a legacy is more than writing a will. A robust estate plan also ensures your healthcare wishes are known and your assets are passed to your heirs without unnecessary involvement of the probate court. The law of Wills in Texas is very strict and lack of planning can have results vastly different from the clear intentions of the deceased person. Therefore, it is essential that your attorney learn the details of what you hope to accomplish and the nature of your property and family situation before advising you on the best solution. For some people a trust may be a good solution, but trusts are not the best solution for everyone in Texas. For some farmers and ranchers in Texas, an LLC for a family business might serve the family better than a trust. For those with very few assets, a trust might be overly complicated and unnecessary for their needs. Your attorney should take the time to discuss the pros and cons of each option. Take the time to consult with an attorney at South TX Family Law before deciding what is best for your family.

Last Will and Testament

A valid will must meet specific execution requirements in Texas and the law is very strict. This is not the type of situation when a fill-in-the-blank form will be good enough. Don’t gamble your family’s future on a do-it-yourself will that might be declared invalid after you die. The estate of a person who passes away without a will or with an invalid will is subject to the laws of intestate succession. Under these laws, the state determines who receives your property, which may not align with your personal wishes. In some cases, the property of the deceased is forfeited to the State of Texas because the decedent’s failure to plan makes the probate process cost- prohibitive when a simple will could have preserved the property. We draft comprehensive wills that comply with Texas laws, clearly designate beneficiaries and appoint independent executors, which can streamline the probate process. Your hard-earned assets should benefit the persons or charities you designate after you are gone, and in order to be certain that will happen, you need legal advice. 

Living Trusts

The use of trusts to manage assets is a popular choice in Castroville. A Revocable Living Trust allows property to pass to beneficiaries outside of the probate process, while you maintain control of your assets during your lifetime. It can help maintain privacy, save time, and potentially reduce costs for your survivors. However, there are many different types of trusts. In cases of large estates, especially those that are land-rich and cash-poor, a trust is one important tool to avoid losing the family’s heritage property to taxes. Another possibility is the use of an LLC or family limited partnership to pass the property in a way to protect it from lawsuits and certain creditors as well as from certain taxes. Rather than allowing a trust salesperson to sell you a “cookie cutter” trust, make sure that your attorney knows about your entire situation before deciding the best route to take.

Powers of Attorney and Healthcare Directives

Planning for incapacity is as important as planning for death. Our team can prepare a Statutory Durable Power of Attorney (SDPOA), a legal document that allows you to appoint an agent to manage your financial and property matters in case you become incapacitated. A Medical Power of Attorney and Directive to Physicians (Living Will) can help ensure your medical treatment preferences are honored by healthcare providers. Powers of Attorney and trusts are two ways to avoid guardianship in the event of incapacity.

Contact Our Office for Skilled Legal Assistance

The decisions you make today will impact your family for years to come. Our legal team at South TX Family Law is here to provide the professional guidance you deserve. Contact our Castroville attorneys at 210-775-0353 to schedule an appointment so we can review your case, explain your options, and help you determine the best path forward.