The Nacol Law Firm P.C.

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Divorces with children are painful and emotional under the best of circumstances, but a divorce with a “Special Needs Child” is usually a very complex and mentally stressful situation for all family members involved.   The main goal in a “Special Needs” divorce is that all decisions affecting a child with disabilities must be in the “Best Interest of the Child.” What is the “Best Interest of the “Special Needs Child”? Often this is the very reason that the parents are divorcing.  The parents cannot agree on the existence of a disability or the best approach needed for care and…
The Texas 87th Legislative Session of 2021 has been an active one for Texas Planned Communities (POA/HOA) with a substantial amount of filed bills on the administration of Texas Planned Communities.  SB 1588: Effective September 1, 2021 – was the most important bill passed since multiple amendments were added to this bill including items from other failed bills. Attached are the most important changes passed in this bill: Architectural Review Committees & Appeals. Directors/Board Members, their spouses or other household members may not serve on architectural review committees. If an architectural modification request is denied, the denial must:  Be provided…
The Texas 87th session was very uneventful this year, with two additional  sessions. Listed below are some new bills and bill revisions that passed this year for the Family Code:  HB 3774: Effective September 1, 2021, The date of the marriage must now be included in all final decrees of divorce in an official court document. Proof of the length of marriage is required to apply for Social Security retirement benefits.  HB 2926: September 1, 2021, Reinstatement of Parental Rights after Involuntary Termination.  This is a new and significant procedure that allows certain people, including the Department of Family and…
Planning ahead is the best way to assure, protect and manage your estate upon your demise.  You have worked your whole life to accumulate the property that you own.  Who do you want to decide regarding how your life’s work will be distributed when you are gone?  A will can dictate the distribution of your assets and in most cases discourage a contest over your estate, but there are many other issues to be considered.  If you do not plan your estate, Texas will do it for you without looking back. The two most common documents that accompany a Will…
A trust can be a useful tool in disbursing your estate during and after death. It is hard to consider one’s mortality but when you do finally accept that death is inevitable, it is prudent to have a dispositional scheme set up that will benefit your family. A Revocable Trust is a less complicated and more expeditious way for your heirs to divide and distribute your estate according to your own specific plan once you have passed. A Revocable Trust is a legal entity created by an individual that is used to disburse an individual’s estate avoiding significant probate court…
A ”contract” is a promise or set of promises with legal consequences.  The Texas Supreme Court has noted that every contract includes an element of confidence and trust that the parties will faithfully perform their obligations under the contract.   You may hear that an oral agreement is just as valid as a written agreement.  However, in a court of law, a written contract ordinarily trumps an oral contract.  This means that in disputes, should there be a disagreement on a provision of the contract, the Court will use the written provisions of the contract to interpret the meaning before…
Parental Alienation Syndrome (PAS) is a generally recognized platform that may result in child abuse. This occurs when a custodial parent of a child from a separated family uses deception to deliberately alienate children from their non custodial parent. Misplaced Domestic Violence Restraining and Protective Orders are an excellent tool to advance the Alienating Parent’s malice! Misguided Protective Orders of a Court based on such false representations may remove the Accused Abuser Parent from the home, bar the Accused Abuser from seeing his/her children and give the Alienating Parent total physical custody of the children. The Accused Abuser Parent is…
There are many business structures an entrepreneur may employ in forming his business. Each structure is somewhat different and choosing a specific business model depends on each entrepreneur’s specific needs. Below are 6 important business vehicles that any entrepreneur should explore before making their final decision to start their business. The Sole Proprietorship: This business structure is the most simple. The business is comprised of a single individual. There is no legal separation from the entrepreneur and his business. The proprietorship and the entrepreneur are taxed as one entity. The entrepreneur reports all income and deductible expenses for the proprietorship…
The New Year is always a good time for personal changes and after another stressful Holiday Season with your kids and Ex, you have decided to make some serious changes in your child custody situation to stabilize the entire family. Mom is not helping and the children are seriously acting out.  What to do? What to do? Maybe it is time to look at changing your child custody status with the children or at least modifying the current orders. Many changes have occurred in American Family Behavior and fathers are taking a more active role in their children’s lives.  The…
Starting a Texas business corporation is not as complicated as one might imagine. Corporations are widely used as a business structure for small thriving entrepreneurs for many reasons. Corporations allow limited liability, a pooling of resources from many parties willing to invest, centralized management, and free transferability of ownership at any time. All these reasons make the corporation business model agreeable and a logical option for many entrepreneurs. The forming of a corporation with legal assistance may be a smooth and efficient transition. There are a few requirements needed to form a corporation in Texas. First, an individual must fill…