Law Office of Diane St. Yves, PLLC FindLaw IM Template2026-08-02T14:58:51Zhttps://www.styveslaw.com/feed/atom/WordPress/wp-content/uploads/sites/1502700/2022/02/cropped-favicon-yves-s-32x32.pngOn Behalf of Law Office of Diane St. Yves, PLLC<![CDATA[Priorities for older divorcing spouses]]>https://www.styveslaw.com/?p=472772026-08-02T14:58:51Z2026-08-02T14:58:51Zfair property division settlement. You’ll also need a fair division of your retirement savings.
Spousal maintenance
Further, it’s crucial to determine whether you are eligible to receive spousal maintenance (alimony) if your and your spouse’s income and/or earning potential differ significantly. Under Texas law, if the marriage has lasted for at least ten years, a spouse generally has an easier time seeking support than after a shorter marriage -- if they don’t have “the ability to earn sufficient income to provide for…minimum reasonable needs.”
Social Security retirement benefits
If you’re getting close to or are in your 60s (even if you don’t plan to retire any time soon), you should consider how Social Security retirement benefits will factor into your financial future. You can start taking benefits (which are based on your lifelong earnings record) when you reach 62. However, the amount of monthly benefits you’re entitled to increases the longer you wait to start taking them – up to full retirement age, which is around 67 for most people.
You may have heard of Social Security spousal benefits. It’s important to know that if you opt to get those, which are based on your spouse’s earnings record, you can’t take your own benefits. Unless your spouse has earned far more than you over the years, you’re probably better off taking your own. It’s wise to learn more about how these benefits are paid and how much you’re estimated to receive even if you have some more years left before you’ll be collecting them at the SSA.gov website.
Finally, just as you and your spouse will have separate legal professionals representing you in your divorce, it’s smart to get your own financial, tax and other professional advisors as well. You’ll want people who have no shared allegiances and will provide support based on what is best for you uniquely as you prepare for this next phase of your life.]]>On Behalf of Law Office of Diane St. Yves, PLLC<![CDATA[What happens when someone dies without a will in Texas]]>https://www.styveslaw.com/?p=472752026-07-29T17:17:24Z2026-07-29T17:17:24ZWho inherits under Texas intestacy laws
Under Texas Estates Code Chapter 201, asset distribution depends on family ties, marital status, and the type of property involved.
If the deceased was married and all children belong to both spouses, the surviving spouse inherits all community property. In blended families where children from a prior relationship exist, the surviving spouse keeps their own half of community property, but the deceased's half passes to the children rather than the spouse.
Separate property follows different rules. Personal separate property splits one-third to the surviving spouse and two-thirds to the children. For separate real estate, the spouse holds a life estate in one-third of the property, with children receiving the remainder interest.
When no spouse survives, children inherit equally. If no children survive, the estate passes to parents, and from there the hierarchy extends to siblings, grandparents, and more distant relatives.
Consider this example: if someone dies with a spouse and two children from a prior marriage, the spouse keeps her half of community property. The deceased's half goes directly to the two children, not to the surviving spouse.
What the probate process involves
When no will names an executor, the court appoints an administrator to manage the estate. This person identifies assets, settles debts, and distributes property according to state law. The process typically takes several months and requires ongoing court oversight. Texas probate courts oversee this process and require administrators to post a bond and maintain detailed records, which adds time and expense compared to estates with a valid will in place.
How families can prevent intestacy problems
A will gives people direct control over how their assets are distributed and allows them to name guardians for minor children. Even modest estates benefit from basic planning documents, and regular updates ensure the will remains current as family circumstances change. Blended families and unmarried partners face particular challenges under intestacy rules, making advance planning especially valuable.
If you have questions about protecting your family from the complications of intestate succession, an estate planning attorney in Texas can help you put the right documents in place.]]>On Behalf of Law Office of Diane St. Yves, PLLC<![CDATA[How can a prenuptial agreement help protect your business?]]>https://www.styveslaw.com/?p=472742026-07-17T20:30:52Z2026-07-17T20:30:52ZEstablishing clear terms from the start
Texas is a community property state, which means certain assets acquired during the marriage may be considered marital property or jointly owned by the spouses. Even if your business was established during the marriage, its growth, income or increased value may be subject to division.
A prenuptial agreement allows you and your future spouse to define how the business will be treated. The agreement can identify the company as separate property and establish expectations regarding ownership rights and responsibilities. It can also specify how any increase in value will be calculated and divided, if at all. This clarity can help reduce the likelihood of future disagreements and prevent situations where business decisions become entangled in divorce proceedings.
Don’t leave your business to chance
Building a business takes years of sacrifice, and protecting it deserves the same level of care. You do not want its future to depend on assumptions or uncertainty when proactive planning can help protect what you’ve worked so hard to achieve. Having experienced legal guidance can help you create a personalized prenuptial agreement that holds up under Texas law and is aligned with both your personal goals and your long-term business interests.]]>On Behalf of Law Office of Diane St. Yves, PLLC<![CDATA[What is a springing power of attorney?]]>https://www.styveslaw.com/?p=472732026-06-29T14:16:41Z2026-06-29T14:16:41ZIn general, a power of attorney is a document that gives an agent the ability to act on another person's behalf. A financial power of attorney may allow that agent to access their bank accounts or pay their bills, for example. A medical power of attorney allows them to authorize medical treatments and work with doctors or nurses.
A springing power of attorney just means that a specific condition has to be met before the power of attorney applies. This condition is what causes it to "spring into effect."For example, many people draft a power of attorney and state that it only goes into effect if they have been declared medically incapacitated. This could happen after a heart attack, a stroke or mental decline due to Alzheimer's or dementia, for instance. Only once they are incapacitated does their agent take over.
What is the benefit of a springing power of attorney?
The benefit of drafting the document this way is that the agent steps in when they are genuinely needed. If the condition is never met, they never have to take any steps on the other person's behalf.This means that a person can draft a power of attorney well in advance. Just because they choose a medical agent today does not mean that they give up the right to make their own medical decisions. That agent only gains that power once the individual in question has been declared incapacitated and cannot make those decisions themselves.It is crucial to know exactly how to set up a power of attorney if you want to use one in your estate plan. An experienced estate planning attorney can assist with this process.
]]>On Behalf of Law Office of Diane St. Yves, PLLC<![CDATA[How is child support calculated in Texas?]]>https://www.styveslaw.com/?p=472762026-08-02T06:09:28Z2026-06-29T06:08:30ZHow do Texas courts calculate child support?
Texas primarily bases child support on the paying parent's monthly net resources rather than both parents' combined income.
Net resources may include:
Wages and salary
Self-employment income
Commissions and bonuses
Retirement income
Certain disability benefits
The court subtracts eligible deductions, such as taxes and health insurance premiums, before applying the guideline percentages.
What are the guideline percentages?
Texas generally applies the following percentages based on the number of children before the court:
One child: 20%
Two children: 25%
Three children: 30%
Four children: 35%
Five children: 40%
Six or more children: At least 40%
These guidelines apply in many cases, although the court may adjust support when appropriate.
Can the court order a different amount?
Yes. Judges may deviate from the standard guidelines if applying them would not serve the child's best interests.
Factors the court may consider include:
The child's medical needs
Educational expenses
Special needs
Parenting time arrangements
Other children the parent supports
Significant differences in the parents' financial circumstances
Every family's situation is unique, so support orders can vary.
Can child support be modified?
Child support orders are not always permanent. Either parent may request a modification if there has been a substantial change in circumstances.
Examples include:
Job loss
Significant increase or decrease in income
Changes in custody
Increased medical or educational expenses
A court must generally approve any modification before it becomes legally effective.
Why legal guidance matters
Although Texas provides guideline calculations, determining child support is not always straightforward. Income calculations, deviations from the guidelines and modification requests can become complicated.
An experienced Texas family law attorney can explain how the law applies to your circumstances, help ensure financial information is accurately presented and advocate for an outcome that supports your child's best interests while protecting your legal rights.]]>On Behalf of Law Office of Diane St. Yves, PLLC<![CDATA[SSDI and the ebb and flow of autoimmune diseases]]>https://www.styveslaw.com/?p=472722026-06-12T20:22:32Z2026-06-12T20:22:32ZLiving with an autoimmune disease can be frustrating, partially because symptoms often do not follow a predictable pattern. Many autoimmune conditions involve periods of relative stability followed by painful and debilitating flare-ups. This ebb and flow can make it difficult not only to maintain employment but also to pursue Social Security Disability Insurance benefits.Autoimmune flares present a unique challenge in SSDI cases because the Social Security Administration is not primarily concerned with how a person feels on their best days or their worst ones. Instead, the agency must consider whether the condition prevents substantial gainful employment on a sustained basis. Unfortunately, applicants with fluctuating symptoms sometimes encounter skepticism because they may appear functional during medical appointments or isolated periods of improvement.
Evaluating the strength of an autoimmune claim
Conditions such as lupus, rheumatoid arthritis, multiple sclerosis, inflammatory bowel disease and other autoimmune disorders can cause symptoms that vary dramatically from day to day. During a flare, a person may experience severe fatigue, joint pain, cognitive difficulties, muscle weakness, digestive issues or other symptoms that make work impossible. When the flare subsides, some of those symptoms may temporarily improve.The challenge is demonstrating that recurring episodes are serious enough and frequent enough to interfere with consistent employment. Most jobs require workers to maintain regular attendance, meet productivity expectations and perform reliably throughout the workweek. A person who misses work repeatedly because of unpredictable flares may struggle to maintain employment even if they occasionally have good days.Autoimmune diseases can be particularly difficult because symptoms are not always visible. Fatigue, pain and cognitive impairment may significantly limit a person's ability to work even when outward signs of illness are not obvious.When it comes to autoimmune diseases, disability claims often depend not on isolated good days but on the overall reality of living with an unpredictable and recurring medical condition. An experienced legal team can help autoimmune patients to evaluate their circumstances, gather evidence and submit the strongest possible claim given their unique situation. ]]>On Behalf of Law Office of Diane St. Yves, PLLC<![CDATA[Divorce can affect retirement planning]]>https://www.styveslaw.com/?p=472702026-06-04T18:54:11Z2026-06-04T18:54:11Zyour retirement plan was created based on the full income of the home. And, it was created to support one home. Now that you’re going through a divorce, that retirement plan may be divided and have to support two homes. The financial impact can affect you now, as well as your long-term retirement goals.
Retirement account considerations
Retirement accounts are often among the largest assets that have to be considered during divorce. These accounts, including 401(k), pensions and individual retirement accounts, may have to be split, but the current face value of the account isn’t what’s considered. Instead, the value is based on long-term valuations.
Another consideration in these situations is how division of any retirement accounts will affect your need to work in the future. In some cases, it becomes clear that you may have to work longer to make up for a shortfall caused by dividing your assets during divorce.
Retirement planning doesn’t stop when you go through the property division process. Instead, you’ll have to take the time to evaluate your retirement plan so you can adjust them to give yourself the best retirement possible. It may be beneficial to work with someone familiar with your case so they can help you to consider the options from a logical standpoint.]]>On Behalf of Law Office of Diane St. Yves, PLLC<![CDATA[Can your spouse claim inherited land in a Texas divorce?]]>https://www.styveslaw.com/?p=472692026-05-20T15:25:46Z2026-05-20T15:25:46ZWhen inherited land gets complicated
In Texas, inherited land may begin as separate property, but that does not always make property division simple. Property division can become more complicated when inherited land becomes financially tied to the marriage.
For example, using marital funds on inherited land can complicate property division. In some cases, title changes or unclear financial records can add to the dispute.
Financial claims without ownership
In some cases, your spouse may not claim ownership of inherited land itself but may still argue that money spent on the property during the marriage should affect property division. This can happen if marital funds paid down debt, improved the property or helped maintain it.
That does not necessarily mean your spouse will receive part of the land. Instead, the dispute may focus on whether those contributions create a reimbursement claim for the marital estate.
When mineral rights are involved
Some inherited land in Texas may come with mineral rights, royalty payments or other income tied to oil and gas production. When that happens, property division can become more complicated because the land itself may not be the only asset in question. These are some of the issues that can come up in divorce:
Determining whether mineral rights remained separate property
Reviewing whether royalty payments created income disputes
Examining whether lease payments mixed with marital finances
Valuing income that may continue in the future
Separating surface ownership from mineral ownership
Mineral rights can create property division issues that look very different from a typical real estate dispute.
When family legacy is involved
Inherited land can raise issues that go beyond who owns it on paper. Financial contributions during the marriage, income tied to the property or mineral rights can all make property division more complicated.
For some families, inherited land is also part of a legacy they hoped to preserve. That can make divorce disputes over inherited land especially difficult when families hope to keep the property in the family.]]>On Behalf of Law Office of Diane St. Yves, PLLC<![CDATA[Why you shouldn’t put estate planning off until you are older]]>https://www.styveslaw.com/?p=472682026-05-20T14:37:55Z2026-05-20T14:37:55Z“I’m far too young to think about estate planning. I’ll worry about it when I’m older.” Many a person has said or thought such a thing, and in many cases, it’s not proved an issue for them. Yet, for others and their families, it certainly has.You may envision a long, healthy life ahead of you, but that is not how things always work out. People get severe illnesses or die without warning at all stages of life, and that lack of an estate plan could come back to trouble your loved ones.
The age of majority is old enough to start thinking about estate planning
You can make an estate plan as soon as you hit the age of majority. While you might not own much yet, that does not rule out a plan being useful. Firstly, if you were to die in your prime, those few possessions you do own may feel even more valuable to your loved ones. If you don’t want your best friend and your sister squabbling over who gets your guitar, you can create a basic will to define who gets what.Remember, estate planning also covers situations where you are ill enough to be unable to communicate with doctors, but may still survive. If you know your mother would tell doctors to do anything they could think of to keep you alive after a serious accident, but you’d rather slip out of this world there and then than be resuscitated only to spend the rest of your life unable to do much for yourself, you can make this clear in your plan. You could either spell out what treatments you don’t want or stipulate that someone who understands your wishes better act as your health care power of attorney to coordinate with doctors.
But I might change my mind multiple times
Most elements of an estate plan are updateable. As life goes on, you should review your plan and amend it as necessary to reflect your current preferences and wealth. Getting help to create your first plan can set you on the right path.]]>On Behalf of Law Office of Diane St. Yves, PLLC<![CDATA[Potential benefits of a stepparent adoption]]>https://www.styveslaw.com/?p=472662026-05-02T12:38:35Z2026-05-02T12:38:35ZWhat rights does adoption provide?
Stepparents gain the same legal rights as any other parents when they officially adopt their stepchildren. If they divorce their spouses, they have a right to shared custody. If their spouse dies, the children can continue living with them. Those rights alone can be invaluable.
However, stepparent adoption also extends key rights and protections to the children. Stepchildren do not have an automatic right of inheritance unless their stepparents add them to a will or trust as beneficiaries, but adoption allows them to inherit even if a stepparent dies without a will.
An adoption can also make a stepchild eligible for critical benefits through their stepparent. Finally, stepparent adoptions help strengthen family relationships and help stepchildren understand that their stepparents love them and are fully committed to them.
Stepparents who step up by adopting their stepchildren may benefit from that choice for the rest of their lives. Discussing the possibility of a stepparent adoption with a spouse and a family law attorney can be helpful, as the process is often not completely straightforward and the consequences are lasting.]]>