Integrity Law Group PLLC

How to Draft a Will that Protects Your Family and Assets After You are Gone

There are many reasons people procrastinate when it comes to drafting their will. One of the most common is that many people simply think the task is too daunting. Wills are an important and necessary component of any estate plan. With a properly executed will in place, you can have the confidence knowing that your family is taken care of and will have the protection they need, when they will need it the most. Below, our Houston estate planning lawyer outlines how to draft a will that will protect your loved ones and meet your goals.

Understand if You Need a Will

It is a very common misconception that wills are only for the wealthy or the elderly. The fact is that most people need an adult, particularly when any of the following are true:

  • You are 18 years of age or older
  • You own property, such as a vehicle, a home, a bank account, or other personal property
  • You have a career
  • You have any investments or savings
  • You have dependents, such as children or adult parents, who rely on you financially

If any of the above apply to your personal situation, it is critical that you draft a will. Without this legal document in place, the probate court will make all of the decisions regarding your estate.

Identify Your Assets and Your Wishes for Them

The first step when it comes time to actually draft your will is to identify your assets and outline the beneficiaries you would like to receive them. Make a list of all of your personal property from the largest assets, such as your home, to the most minor, including your clothing, furniture, and other personal property.

After you have identified your assets, you should provide clear instructions for them. Identify your assets clearly, as well as the specific name of the beneficiary you would like to receive them. This will make it much more likely that your wishes will be fulfilled in the manner you intended.

Plan for Your Digital Assets

Your digital assets include any property you access using a smartphone, computer, tablet, or other electronic device. It is critical that you include these assets in your will. These assets include your social media accounts, email accounts, photo sites, cryptocurrency accounts, and more. While these types of assets are fairly new, it is still important that you include them in your estate plan so you can specify what you want done with them and to eliminate confusion. Just like with physical assets, identify all digital property and specify who you want to receive them.

Collect Necessary Documents

Drafting a will does not have to be a complicated process. You can make the process much easier by having a number of documents ready and on hand for your Houston estate planning lawyer. These include:

  • Necessary birth and death certificates
  • Marriage licenses and divorce certificates
  • Property deeds
  • Mortgage details
  • Insurance policy details, including beneficiaries on each policy
  • Inventory of all bank accounts, account numbers, and institutions
  • Investment information, including account numbers and brokerages

Carefully Select Your Personal Representative and Beneficiaries

Two of the most important components of your will are the personal representative and beneficiaries you select. The personal representative is responsible for administering your estate after you pass away. It is critical that you choose someone who is trustworthy and has the necessary skills to take on the necessary tasks, such as good organizational skills and an understanding of financial matters.

Your beneficiaries are the people you choose to inherit from your estate. To ensure your beneficiaries receive the property you intended for them, it is critical to be specific in your instructions. For example, simply stating ‘my children’ can lead to questions whether you meant only your biological children, or if you intended to include your stepchildren as well. Always be very clear and name all of your beneficiaries by name.

Designate Guardians

One of the most important, but also one of the hardest parts, of drafting a will is determining who you want to act as guardian for any of your minor children. It is critical to include this provision; otherwise, the court will make the decision for you, and it may not align with your wishes. This is a matter you should give very careful consideration. While no one wants to think about being unable to care for their children themselves, there is always the possibility that it could happen, and it is crucial that your entire family is prepared.

Ensure Your Will Meets the State Requirements

Just like in all other states, Florida has very clear requirements on all wills drafted in the state. Testators, or the people who draft wills, must be 18 years old and of sound mind when drafting the document. Testators must also sign the end of the document in the presence of two witnesses. After the testator has signed the will, the two witnesses must then also sign the document. While wills in Florida do not have to be notarized, doing so can help probate proceed more quickly and smoothly.

Store Your Will Properly

There are many different ways to store your will. The best are in a safety deposit box, in a fireproof safe in your home, or at your lawyer’s office. Just as storing your will properly is important, it is just as important to ensure that you inform your loved ones where it is stored. This will help them access it easily when necessary.

Update Your Will

Any time there is a significant life change such as a birth, death, marriage, or divorce, you should review your will and make any necessary updates. This will ensure the document still reflects your wishes and that your family is still protected.

Work with an Estate Planning Lawyer in Houston

You are not required to work with a Houston estate planning lawyer when drafting your will. However, it can help ensure your family has the protection you want to leave them. At Integrity Law Group, PLC, our experienced attorney can help you identify your goals and draft a will that will ensure they are met and that your family is protected. Call us now at (832) 280-8874 or contact us online to schedule a consultation and to learn more about how we can help you and your family.

How to Identify and Address Construction Defects Before They Become Costly Issues

Building your own home or moving into one that has just been built is very exciting. It is truly a blank canvas, and you can make it into whatever you envision. Unfortunately, not everything always goes according to plan in new builds. Construction defects may start to pop up, and they can greatly interfere with your vision for your home.

There are a number of construction defects that will not only dampen the dream you had for your new home, but that can also significantly damage the structure of it, as well. It is important to identify construction defects as soon as possible so you can take action right away and protect your home. Below, our Houston real estate lawyer outlines some of the most common defects, and your options after discovering them.

Structural Issues

Structural defects include cracks in floors, walls, and ceilings. Uneven or sagging floors, movement or settlement of the foundation, and other indications that the home’s structural integrity is compromised are also signs of construction defects.

Water Leaks

New homeowners should inspect for water infiltration or water leakage in areas such as windows, roofs, basements, walls, and doors. To spot water leaks, look for dampness, water stains, musty odors, and mold growth.

Issues With the Home Envelope

A home’s envelope consists of the windows, exterior walls, roof, and doors. These can contain defects that can compromise air sealing, insulation, or weatherproofing. Common issues include cracks, gaps, improper installation, and inadequate insulation.

HVAC System Problems

It is important to inspect the heating, ventilation, and air conditioning (HVAC) system for insufficient airflow, defective components, unusual noises, or inconsistent temperatures. Faulty or inefficient HVAC systems can impact the comfort of the occupants in the home and indoor air quality. The most common issue is that one room is extremely warm while the others are very cool. This is caused by an HVAC system that is not properly balanced.

Plumbing and Electrical Deficiencies

Assess the functionality of the plumbing and electrical systems in the home. Look for issues such as inadequate outlets, faulty wiring, defective fixtures or switches, leaks, low water pressure, and drainage problems.

Fire Safety Issues

Make sure that the proper fire safety systems, namely fire alarms, are in place and are functioning properly. All homes in Texas must also have at least one fire extinguisher and a carbon monoxide detector, so make sure these are in place, as well. If your home has a sprinkler system, also check it to ensure it is working properly.

Finish and Surface Defects

Closely inspect interior and exterior finishes for poor workmanship or defects. This can include cracked or uneven flooring, loose tiles, peeling paint, improperly installed or damaged siding, or other signs of inferior quality.

Safety Hazards

People do not often consider safety hazards in their homes, but shoddy workmanship, insufficient lighting, unstable handrails, and improperly secured equipment or fixtures are common hazards that can result in serious injury.

How to Address Construction Defects

After discovering a construction defect, it is critical that you address it as quickly as possible. Contractors, subcontractors, architects, and others responsible for building your home in a safe manner can be held responsible for construction defects. When addressing them, you have a number of options.

Mediation or Arbitration

The first thing to do is to review your construction contract. It may contain provisions regarding how to resolve your construction defect dispute. For example, many construction contracts stipulate that you must enter mediation or arbitration to resolve a construction defect dispute.

Filing a Lawsuit for Breach of Contract

If you file a lawsuit against a builder or developer, it will likely be based on a breach of contract. This essentially means that they failed to deliver the home that was initially promised to you. Purchasing a new home typically involves a great deal of paperwork. Any materials the builder or developer gave to you, such as photographs, descriptions of the home, drawings and plans, and emails outlining the wor,k can be helpful when establishing the home that was promised to you.

Before filing a lawsuit for breach of contract, it is important to speak to a Houston real estate lawyer. Under the statute of limitations in Texas, you have only four years from the date of completion to file a breach of contract lawsuit. If you do not file within this time, you will lose your right to file a lawsuit and collect any damages at all.

The law recognizes that not all construction defects are visible right away. As such, the discovery rule allows you to file a breach of contract lawsuit four years after you discovered or should have discovered the defect. Still, under the statute of repose, it is not possible to file a lawsuit for breach of contract at all ten years after completion.

Filing a Claim for Negligence

You can also file a lawsuit against a builder or developer based on negligence. If the builder or developer failed to exercise the proper care and adhere to the correct standard when designing or building your home, the legal theory of negligence may be more applicable. If you can show that your home was damaged by a defective or unsafe condition of the property, you have ten years after the property was substantially completed to file a lawsuit for negligence.

When filing a lawsuit based on negligence, you must prove certain elements of your case. A Houston real estate lawyer can explain what those elements are and knows the strategies to prove them.

Our Real Estate Lawyer in Houston Can Advise You of Your Legal Options

At Integrity Law Group, PLLC, our Houston real estate lawyer can further explain the legal options available to you after a construction defect and help you determine which one is right for you. We will then help you navigate the appropriate process and give you the best chance of a positive outcome. Call us today at (832) 280-8874 or fill out our online form to schedule a consultation with our experienced attorney and to learn more about how we can help with your case.

Types of Power of Attorney: Understanding the Different Levels of Authority You Can Grant

When people consider the different estate planning documents they need, they often think of wills or trusts. Although these are important tools that can help distribute your property to your beneficiaries after you pass away and name guardians for your minor children, they will not protect you during your lifetime. In order to obtain this type of legal protection, you need to draft a power of attorney (POA). 

Many people have heard of POAs, but they are not aware of exactly what they do or that there are different types in Texas. Below, our Houston estate planning lawyer explains POAs in more detail.

What is a Power of Attorney in Texas?

A power of attorney is an important legal document. It gives an individual, known as the agent, to act on behalf of someone else, known as the principal. There are many different situations that may require an agent to act on a principal’s behalf, which is why there are so many different types available in Texas. Regardless of the types of POAs a person chooses to create, they all have one thing in common. With the aging population in Texas, these legal documents are becoming more and more important. 

Legal Requirements on POAs in Texas

Like all legal documents, state law places strict requirements on any power of attorney in order for a court to deem it enforceable. One of the main requirements is that the principal must understand the consequences of drafting and signing a power of attorney. They must also enter into the agreement voluntarily. Unlike wills, powers of attorney must also be notarized, verifying their validity. These requirements must be met, regardless of the type of power of attorney being drafted. A Houston estate planning lawyer can ensure that you meet the requirements when drafting your power of attorney.

Durable or General Power of Attorney

A durable or general power of attorney will usually stand in most situations. These documents provide the agent with universal powers until the power is revoked or the demise of the principal. For example, an agent has the authority to sign legal documents or manage the financial affairs of the principal with a durable or general power of attorney. However, the principal must be of sound mind at the time of drafting the POA or the document is void.

Special or Limited Power of Attorney

Unlike a general or durable power of attorney, a special or limited POA limits the authority of the agent to a very specific task, situation, or duration. Principals often draft these types of POAs when they are away or unable to manage a particular transaction. For example, a principal may have an investment property they need to manage while they travel overseas. They may appoint an agent with a limited power of attorney to act only in that situation and only for the duration of time while they are away.

Medical Power of Attorney

A medical power of attorney allows a principal to appoint an agent to make medical decisions on their behalf. This type of POA is activated when the principal is medically incapacitated and cannot make healthcare decisions for themselves. For example, if a principal is in a coma, the designated agent in the medical POA can make healthcare decisions for them. Medical POAs benefit not only the principal but also the principal’s family, who would otherwise have to make difficult decisions for their loved ones.

Springing Power of Attorney

A springing power of attorney works slightly differently from the others listed above. These powers of attorney only go into effect at a specific period of time. Although this is true with other types of POAs as well, the time period is much more specific in a springing power of attorney.

For example, a durable power of attorney may authorize an agent to act on a principal’s behalf any time they become incapacitated. A principal, though, may choose to draft a springing power of attorney after they are diagnosed with Alzheimer’s disease. The springing power of attorney may only ‘spring’ into effect when the principal advances into the later stages of the disease. A springing power of attorney often requires a court order or a detailed medical report, which places a heavier burden of proof on the agent.

What Type of Power of Attorney is Right for You?

Choosing the right type of power of attorney depends on your own personal situation and the scenarios you may face in the future. If you have complicated financial affairs, you may benefit most from a durable or general power of attorney. This provides the agent with broad authority to sign legal documents and ensure that matters are managed accordingly even if the principal is incapacitated or absent.

On the other hand, if there is a need to appoint an agent for a specific action during a specific period of time, a special or limited power of attorney may be more appropriate. A special power of attorney allows you to delegate specific tasks while still retaining control over other aspects of your life.

If you prioritize medical decisions, it may be more important to incorporate a medical power of attorney into your estate plan. This type of POA will ensure that your chosen representatives can make important healthcare decisions that are aligned with your directives.

If you only need to assign a POA to act in very specific situations, a springing power of attorney may be more suitable for you. Essentially, gaining clarity on the possibilities of each type of power of attorney can help you make an informed choice.

Our Estate Planning Lawyer in Houston Can Draft Your POA

While you are not legally required to work with a Houston estate planning lawyer when drafting your power of attorney, it is always recommended that you do. At Integrity Law Group, PLLC, our experienced attorney can advise on the type of document that may be right for you and draft it so it is enforceable by the court. Call us today at (832) 280-9197 or fill out our online form to schedule a consultation and get the legal help you need.

Understanding Compensation in Personal Injury Cases: What You Need to Know

Car crashes, slip and falls, and medical malpractice are just a few examples of accidents that can result in serious injuries. If you have been hurt, and the accident was caused by another person’s negligence, you may be entitled to damages, or financial compensation. Below, our Houston personal injury lawyer explains the types of damages that may be available in your case.

What are Damages in a Personal Injury Case?

Even the highest courts cannot undo the injuries or harm you suffered due to another person’s negligence. The only remedy then, is to award you damages that can compensate for the physical, emotional, and financial harm you sustained. In Texas, there are three different types of damages you may be eligible for. These are economic, non-economic, and punitive damages.

Economic Damages in Personal Injury Cases

After an accident, you will incur many expenses and financial losses. Economic damages are those that have an actual dollar value and so, they are fairly easy to calculate. Common types of economic damages in personal injury cases are as follows:

  • The cost of medical treatment and care, including physical, occupational, and rehabilitative therapy,
  • Lost income, including wages, salaries, bonuses, and benefits,
  • The cost of household services and personal care,
  • Out-of-pocket expenses,
  • Property damage, and
  • In-home care.

If your accident caused a permanent disability, you may also obtain damages for the following:

  • Reduced earning capacity, if you cannot return to the same line of work in the future,
  • Ongoing medical expenses, and
  • The cost of long-term personal care, nursing facility, or in-home care.

A Houston personal injury lawyer will document your expenses and financial losses to ensure you receive the maximum economic damages you are entitled to.

Non-Economic Damages in Personal Injury Cases

While many of the damages you incur will have a quantifiable dollar value, others will not. These damages are known as non-economic damages. Common examples of non-economic damages in personal injury cases are as follows:

  • Physical pain and discomfort,
  • Mental anguish,
  • Emotional distress,
  • Loss of enjoyment of life,
  • Diminished quality of life,
  • Permanent disfigurement or scarring, and
  • Disabilities and impairments.

Due to the fact that non-economic damages do not have a concrete dollar value, they are very difficult to calculate. A Houston personal injury lawyer will know how to accurately value your claim so you obtain the maximum compensation you deserve.

Punitive Damages in Personal Injury Claims

The third type of damages available in some personal injury claims is punitive damages. Unlike economic and non-economic damages, these are not meant to compensate you for your losses. Instead, they are intended to punish defendants for certain types of wrongdoing and to deter them from acting in a similar manner in the future.

To receive punitive damages, you must prove by clear and convincing evidence that the defendant acted with gross negligence, malice, or fraud. A case must also have specific circumstances in order for punitive damages to apply, and the burden of proof is also much higher. For these reasons, punitive damages are rarely awarded in personal injury cases.

Factors that Impact Damages in Personal Injury Cases

There are many factors that will impact the amount of damages you receive in your personal injury claim. These include:

  • The extent and nature of the injuries you sustained,
  • The severity of disabilities and impairments caused by your injuries,
  • Whether you can work and earn an income,
  • The duration of your expected recovery period,
  • The extent to which the injuries have disrupted your life,
  • The type of treatment you need for your injuries, and
  • If your injuries have adversely affected your ability to maintain and engage in your personal relationships.

Essentially, the more an injury has negatively affected your life, the greater the amount of damages you deserve.

Caps on Damages in Personal Injury Cases

As in many other states, Texas law places a cap, or limit, on the amount of certain damages you can receive. If you were hurt by medical malpractice, non-economic damages are capped at $250,000 from a single medical provider. However, if you were hurt by multiple facilities, you can file a claim against each of them and receive up to $250,000 in each claim. Still, the overall cap on non-economic damages in medical malpractice claims is $750,000. There is no cap on economic damages in medical malpractice claims.

When punitive damages are available in a case, they are capped at $200,000 or two times the value of economic damages, whichever is greater.

How Does Comparative Fault Affect Damages?

There are times when accident victims contribute to the accident. For example, you may have been distracted while driving, and you did not see that another driver was not going to stop for a red light. In this instance, you and the other motorist may be found at fault. Distracted driving is not typically viewed as serious an offense as running a red light, and you may be assigned 25% of the blame while the other driver is assigned 75% of the blame.

Under the comparative fault law in Texas, you can still receive damages in a personal injury claim as long as you are less than 51% at fault for the accident. However, the same percentage of your own fault will be reduced from the total damages you receive.

Insurance adjusters often try to shift the blame to accident victims to reduce the total amount of damages they are liable for paying. This is one reason it is so critical to work with a Houston personal injury lawyer who can refute these claims and ensure that you receive the full damages that are rightfully yours.

Call Our Personal Injury Lawyer in Houston Today

After an accident, you may be entitled to a number of different types of damages. At Integrity Law Group, PLLC, our Houston personal injury lawyer can accurately value your claim to determine the full amount of damages you are entitled to and will guide you through the process of obtaining them. Call us today at (832) 280-9576 or fill out our online form to schedule a consultation and get the legal help you need.

Navigating Business Contracts: Tips for Successful Negotiations

Contract negotiations can be time-consuming processes that have the potential to become frustrating for all parties. One reason for this is that parties sometimes enter into these negotiations without a clear vision of their priorities and objectives. This lack of focus can result in miscommunication among the parties, unnecessary contract cycles, and unfavorable outcomes. 

Fortunately, there is a way to avoid these obstacles. If you start the negotiation process by focusing on your preferred outcome, you can actually gain a competitive advantage. Below, our Houston business law attorney explains how to make the most out of your negotiations.

Start With a Positive Outlook

Contract negotiations should not be a battle. In fact, the best contracts are negotiated when the two sides involved can come together and work collaboratively. Start any contract negotiation by showing appreciation for the other side and what they have to offer. Find the terms that you can agree on and set a positive tone for the process. This can help ensure that both parties’ interests are met.

Begin With a Draft

Before drafting a formal contract to negotiate with the other side, you should start with a draft. Make sure that you and the other side both agree to the main terms of the agreement. Use a term sheet that is straightforward in order to keep things as simple as possible. If it becomes too complex at any point, start from the beginning once again and work on creating new terms.

Break the Contract Down

It is not realistic to expect the other side to agree to large portions of a contract. This is an all-or-nothing approach to negotiations, and it simply does not work. Instead, break the contract down into smaller portions that can be negotiated separately. Once these smaller portions have been agreed to, they will then form the larger contract.

Simplify the Initial Terms

Contract negotiations become much more complicated when the terms are nuanced, or the agreement contains too much detail. While complex contracts do have some nuanced advantages, it is typically best to begin with terms that are clear and simple so everyone involved fully understands them. This will ensure that even if all parties are not yet in agreement, they at least understand the terms to negotiate without becoming overwhelmed.

Understand Why You Want to Work With the Other Party

Too many people assume that they have to be aggressive during contract negotiations. With this mindset, it is difficult to be flexible, and can actually work against you if the other side believes you are being too demanding. While there is nothing wrong with being assertive to ensure you are being treated fairly, it is best to set aside the competitive mindset during negotiations. Instead, prioritize working collaboratively so you can reach an agreement that serves everyone. Being represented by a Houston business law attorney can help you work with the other side in a professional manner.

Identify Your Top Priorities

You should never enter into contract negotiations without first identifying your top priorities. It is critical that you understand the terms you most want to get out of the agreement. After you have identified these priorities, you can then start to consider the other rewards and risks you may face once your initial priorities are fulfilled. Without first identifying your most important priorities, you really do not have a starting point.

Understand the Other Side’s Goals

Just as you have goals when entering into contract negotiations, so too, will the other side. Before you even begin negotiating, it is important to have an understanding of the other side’s goals and interests. Ask the other side questions to gain a better understanding of their needs and goals. This can allow you to negotiate in a manner that will support the needs of your company while also allowing the other side to meet their goals as well.

Conduct Research

The best contract negotiations are based on facts and not personal feelings. The more facts you have to support your needs, the stronger position you will be in during negotiations. For example, if you are a pest control service provider, you may bring research to the table that shows the service is most effective when done at certain periods. If you cannot find research to support your needs or the terms you would like, using testimonials from previous clients can also be helpful.

Do Not Become Emotional

Contract negotiations can feel personal, particularly if you are very passionate about obtaining certain terms. However, it is critical to remember that contract negotiations are not personal. They are all part of business operations. As such, it is important that you do not become emotional. Instead of making statements such as ‘I feel,’ or ‘I think,’ focus on the facts and allow those, and not your emotions, to guide you.

Do Not Rush the Process

It is important that you take your time not only during negotiations, but before and after them, as well. Carefully conduct research that supports your side, and prepare any documents you may need well in advance of any negotiations or meetings. Throughout the process, do not make any hasty decisions but instead, consider your options carefully and consult with your attorney about which one is best for you. Once negotiations have wrapped up, follow through with any deliverables required of you and answer any questions that still remain.

Work with a Business Law Attorney in Houston

Contract negotiations can feel intimidating and overwhelming, even when you are very familiar with the process. It is for this reason that it is so important to work with a Houston business law attorney. At Integrity Law Group, PLLC, our seasoned attorney can provide the legal representation you need, answer your questions throughout the process, help you identify your goals, and ensure that you receive the best possible outcome. Call us today at (832) 280-9576 or fill out our online form to schedule a consultation with our experienced attorney and to learn more about how we can help with your negotiations.

Navigating Divorce: Tips for an Amicable Separation

Ending your marriage is hard enough. The last thing you want to think about is a long and bitter battle in the courtroom to uphold your rights. Fortunately, the vast majority of divorce cases settle outside of court. While it may not seem possible now, you can even get an amicable divorce through negotiation and without any serious legal battles. Below, our Houston family law attorney explains how to do it.

Acknowledge Your Emotions

Getting an amicable divorce does not mean always pretending everything is fine. Divorce is one of the most difficult things you will ever go through. You are bound to feel many emotions during the process. Do not ignore these emotions. Instead, acknowledge them and address them. Get help from family members, friends, or a therapist to help you through this extremely difficult time.

Gather All of Your Financial Information

Divorce is not just an emotional process. It is also a financial process. One of the best ways to prepare for it is to collect all of your financial documents. These include your previous tax returns, investment account information, retirement account information, bank account statements, and more. The more information you can gather the more you can show you are being transparent and trying to ensure the distribution of assets and debts is equitable.

Create a Fair Parenting Plan

If you and your spouse have children together, you will need to create a plan regarding custody and visitation. This plan will dictate when you spend time with your child and how much time you spend with them. There are a number of different elements to include in your plan, such as where your child will spend weekdays, weekends, holidays, and special occasions. It is critical that you cooperate and communicate with your spouse to devise a plan that is beneficial for everyone, keeping your child’s best interests a priority at all times.

Consider Mediation

Texas law does not require that you attempt mediation to resolve your disputes during divorce. Family law judges do have the discretion, though, to order couples to try mediation before bringing their case to court. During mediation, you and your spouse will meet with a neutral, third-party mediator. The mediator will not make any decisions in your case. They are only there to foster communication and compromise between you and your spouse so you can reach an agreement about the different terms of the case.

Even when it is not court-ordered, mediation has many benefits. These include:

  • Obtains an amicable divorce through cooperation and open communication,
  • Allows couples to maintain control over the process and make decisions for themselves, instead of a judge making all final decisions,
  • Faster and more cost-effective than litigation,
  • Reduce conflict and the emotional toll on both children and spouses,
  • Confidentiality,
  • Allows for customized solutions that meet the needs of the family, and
  • Allows for positive post-divorce communication and co-parenting.

Mediators do not provide legal advice. It is always recommended that you work with a Houston family law attorney who will ensure your rights are protected and that any proposed settlement is fair.

Consider a Collaborative Divorce

Collaborative divorce is a process that also occurs outside of the courtroom. This approach involves attorneys, therapists, financial experts, child development professionals, and other consultants. Collaborative divorce involves negotiation and is results-driven. This means that if you cannot negotiate a fair settlement, your lawyer cannot continue working on your case if it enters litigation. This provides motivation for both the divorcing couple and the attorneys to reach an agreement.

Approach Property Division Fairly

Everyone has heard a story about how one spouse fought over an item that does not have a lot of sentimental or financial value just to spite their spouse. This only delays the process and increases the cost of divorce. During the property division process, it is critical that you remain fair and reasonable. While it is important to consider any sentimental attachments you have to certain possessions, it is also just as important to remain open to compromise.

Remain Reasonable About Alimony

If you feel as though you will need spousal support post-divorce, it is important that you are reasonable with your request. Work with an attorney who can help you determine how much you will need, whether your spouse can afford to pay it, and how you will eventually support yourself. If your spouse asks you to pay alimony, also remain reasonable. Try to consider their situation, compromise, and reach an agreement that is mutually acceptable.

Encourage Open Communication with Your Children

Again, divorce is extremely hard on children. Tell your children together, if possible, and reassure them that you will try to ensure their schedules and routines are as uninterrupted as possible. Reassure them that you both still love your children very much and that the divorce is not anyone’s fault. Never speak badly about your spouse to your children, even post-divorce. This is very harmful to a child’s mental health and, in the long run, will likely damage the relationship you have with them.

Addressing Shared Debts

For a smooth transition, it is critical that you address the shared debts and financial obligations of you and your spouse. Draft a plan outlining how you will manage and divide debts such as loans, mortgages, and credit card balances. Having a clearly outlined plan will ensure there are no disputes in the future regarding these debts.

Work With a Family Law Attorney in Houston for an Amicable Divorce

Regardless of how you choose to formally end your marriage, you need sound legal advice. It is essential that you work with a Houston family law attorney who can provide it. At Integrity Law Group, PLLC, our experienced attorney can advise you of your legal rights and obligations and negotiate with your spouse’s lawyer to ensure you receive the full and fair settlement you are entitled to. Call us today at (832) 280-9197 or fill out our online form to schedule a consultation and get the legal help you need.

Steps to Take After a Personal Injury: A Guide to Protecting Your Rights

A car crash, medical malpractice, slip and fall, or any other type of accident can turn your life upside down. The medical bills will quickly pile up, and you may be unable to return to work to pay for them. During your recovery, you will also feel significant pain, and potentially invasive medical treatments, and you may not be able to enjoy the things you once did. If someone else’s negligence, or carelessness, caused your injuries, you may be entitled to compensation for these losses.

Claiming the full damages you need after any accident is never easy. You must prove certain elements of your case and all the while, the other side will be preparing defenses as to why they should not be held accountable. Below, our Houston personal injury lawyer explains the most important steps to take to protect your claim.

Prioritize the Safety of Everyone Involved

After an accident, the biggest priority is always the safety of others. Make sure that anyone involved in the accident is not in harm’s way and call for medical attention if you or anyone else is injured. If anyone is hurt, call 911 so you can report the accident and obtain the necessary treatment. Making sure everyone is safe will ensure injuries do not become worse and that a secondary accident does not occur.

File a Report

The type of report you file after an accident will depend on what caused your injuries. For example, if you were hurt in a car crash, you should call emergency services so a police report can be filed. Under Texas law, you are required to report all car accidents that cause injury, fatality, or property damage valued over $1,000, or if the vehicles cannot be moved. Within the report, police may indicate which driver was at fault, which can help you prove negligence in the future. After law enforcement has filed their report, you can also use that documentation as evidence that the crash happened, and how it occurred.

Even if you were not injured in a car accident, there are still likely reports you can file. For example, if you were hurt in a store, they may have an incident report for you to fill out. Or, if medical malpractice is the cause of your injuries, the hospital may have a report for you to fill out. You should fill these out but always ask for a copy before you leave the scene of the accident.

Gather Evidence

To prove the different elements of your personal injury claim, you need strong evidence. Some of the best evidence to use is at the accident scene. It is critical that you collect and preserve any evidence that can help prove your case. This can include damaged clothing, personal belongings, and other property. Pictures of the accident scene can also prove how the accident occurred. Also keep all records of medical treatment, prescriptions, and other costs related to your treatment, as this documentation can prove the nature and extent of your injuries.

Seek Medical Treatment

Your health and well-being are the most important priorities after an accident. For this reason, it is critical that you seek medical treatment for your injuries as soon as possible. If paramedics did not arrive on the scene, you should visit an emergency room as soon as you leave the scene. Some injuries do not show symptoms right away, and a doctor can examine you to ensure that injuries are not overlooked.

Additionally, seeking medical treatment as soon as possible will also document your injuries. If you do not see a doctor after an accident, the insurance company representing the negligent party will argue that you were not hurt. They will claim that because you did not seek medical treatment, you could not have been injured during the accident.

Contact a Houston Personal Injury Lawyer

It is critical that you obtain legal advice right away after any accident. A Houston personal injury lawyer can handle all of the legal elements of your claim while you focus on recovering from your injuries. A lawyer will identify the liable party, collect evidence on your behalf, and ensure that your rights are upheld. Studies have also shown that accident victims who work with an attorney obtain approximately three times more compensation than individuals who do not have legal representation. A lawyer will communicate and negotiate with the insurance company on your behalf so you obtain the full and fair settlement you are entitled to.

Notify Your Insurance Company

In certain instances, you may have to notify your insurance company about the accident. For example, even though Texas is a tort state, you should contact your auto insurance company after any car accident, even if you were not at fault. Most insurance policies require you to notify your insurer after any crash. If you fail to do this, the insurance company may cancel your policy.

You are likely required to notify your insurance company after any car accident, but you are not required to give them an abundance of information. Simply state that you were involved in an accident and that you were hurt. Remain honest when providing information, but stick to only the basic facts of the case. If an adjuster from the negligent party’s insurance company contacts you, do not feel as though you have to speak to them. Instead, direct them to your attorney who can speak to them on your behalf so your rights are protected.

Our Personal Injury Lawyer in Houston Can Help After an Accident

If someone else’s negligence has caused you serious injury, you deserve compensation for your medical bills, lost income, and more. Unfortunately, obtaining the full settlement you deserve is rarely easy. At Integrity Law Group, PLLC, our Houston personal injury lawyer can advise on the steps to take to protect your rights and help you obtain maximum damages. Call us today at (832) 280-9576 or contact us online to schedule a consultation and get the legal help you need.

Key Legal Considerations for Small Business Owners

Starting a business is an incredibly exciting venture. It can bring financial stability and independence and even a legacy for you to leave behind for your family. However, starting a business can also present unique legal challenges. Before you start operating your business, you must meet certain legal requirements. Below, our Houston business attorney outlines the checklist you need to make sure your small business is in compliance with the law.

Your Business Structure

One of the first things you must decide is the business structure you want to use. Your business structure will have a significant impact on your personal liability in the event of a business lawsuit, the manner in which you will run your business, your business taxes, and the people involved in your company. There are many different types of business structures, and they are as follows:

  • Sole proprietorship
  • General partnership
  • Corporation
  • Limited liability company
  • Limited partnership
  • Limited liability partnership

It is important to speak to a business attorney before choosing your business structure. An attorney can explain more about the different structures and help you determine which one is right for you.

Choosing Your Business Name

After determining which type of business structure you will use, you then need to think of a name for your business. The name of your business will depend on many factors, namely the type of business you are starting. For example, choosing a fun and playful name for your business may be appropriate if you are serving younger crowds or your products and services are not that serious in nature. On the other hand, if your business is more professional in nature, such as an accounting firm, you may want to choose a name that reflects that.

After deciding on a name, you will need to register and file the business name with your local county clerk’s office. You should also consider registering your business name as a trademark so you can use it exclusively.

Tax Considerations

All businesses in Texas and throughout the country have to pay taxes. You will need to obtain an Employer Identification Number (EIN) for tax purposes, as well as a sales tax permit if you are going to be selling taxable goods. For example, if you are opening a grocery store, basics such as flour, bread, and eggs are not subject to taxes. However, snack foods are taxable so you will have to obtain an EIN and a sales tax permit for the taxable goods you are selling.

Permits and Licenses

Texas law does not require you to obtain a general business license. However, depending on the type of business you are starting, you may need certain licenses and permits. These permits and licenses are issued by local councils. You may need zoning permits, health permits, building permits, occupational permits, tax permits, or signing permits. Our Houston business attorney can help you determine which permits and licenses you need so that once your business is in operation, it stays in operation.

Insurance Considerations

Texas law does not require many types of business insurance. For example, if you have employees, you can likely choose not to purchase workers’ compensation in the event that any of them become injured on the job. Purchasing workers’ compensation is not generally required of business owners in Texas. Still, there are certain types of insurance you should purchase to protect your business. If you do purchase workers’ comp, for instance, it can protect you from liability lawsuits in case one of your employees becomes hurt.

General liability insurance is also recommended for small business owners. This type of insurance can protect you from personal liability if someone becomes hurt on your business’ property. If your company uses vehicles to conduct business, you are also required to obtain commercial auto insurance.

Protect Your Intellectual Property

Your intellectual property is likely at the core of your business. It is the very thing that makes your business what it is, and what makes it stand out among your competition. Intellectual property can include trade secrets, trademarks, formulas, recipes, copyrights, and patents. Filing a patent can take as long as five years, so it is important that you start this process right away.

Making sure that your intellectual property is protected can attract investors in the future, but it also provides you with the reassurance that you will be able to keep operating your business in the same manner. For example, if you are a restaurant and do not protect the secret recipe that contributes to your success, someone else could use it in the future. In fact, they may even be able to patent it to prevent you from using it even though you were the one who created it.

Draft an Employee Handbook

It is important to draft an employee handbook that outlines your business’ policies, and the rights and responsibilities of your workers. For example, an employee handbook can outline the protocol to follow if a worker feels as though they were a victim of sexual harassment or discrimination. 

In addition to creating an employee handbook, you should also review it regularly and make the necessary revisions to ensure that your company is in compliance with federal, state, and local laws. If you do not give every worker their own individual handbook, you should keep a copy in a visible place that is easily accessible, such as a staff room.

Our Business Attorney in Houston Can Advise You of the Key Legal Considerations

Starting a business is exciting, but there are many legal considerations, as well. It is important that you know what these are so you and your company are protected. At Integrity Law Group, PLLC, our Houston business attorney can answer your questions, make recommendations, and make sure you are in compliance with all of the laws that affect your business. Call us now at (832) 280-8874 or fill out our online form to schedule a consultation with our experienced attorney and get the legal help you need.

Understanding Child Custody Laws: A Parent’s Guide

Whether you are getting a divorce or have a paternity issue, you will have to resolve the matter of child custody. In Texas, child custody is known as ‘conservatorship,’ although many people simply refer to it as ‘custody.’ Below, our Houston family law attorney outlines the different types of custody, how the process works, and what you can expect as an outcome.

Different Types of Child Custody in Texas

There are two main types of custody in Texas. These are legal custody and physical custody. Legal custody gives one or both parents the right to make decisions regarding the child and their day-to-day life. When a parent has legal custody, they can make decisions about the child’s medical treatments, the education the child receives, the religion they are raised in, and other activities.

Physical custody refers to when a parent spends time with the child. In the majority of cases, both parents are awarded joint custody, meaning they will each spend approximately the same amount of time with the child. In the rarest of cases, the courts may completely deny one parent visitation or any access to the child at all. In these instances, it is usually due to domestic violence and abuse. 

Sole custody, which refers to a situation in which one parent lives with the child and makes decisions for them, typically requires the other parent to terminate their rights. This is extremely rare. It is also very difficult to prove that one parent deserves sole custody and the other does not deserve their parental rights.

The courts are much more likely to award joint custody when the parents can show that they are willing to work together in the best interests of the child. Additionally, when the parent who does not have primary custody can continue to live close to the child, they will likely be awarded more time with the child than one who moves further away from their child.

The Best Interests of the Child

In Texas, as in all other states, all child custody decisions are made based on what is in the best interests of the child. The factors that impact the best interests of the child are as follows:

  • The age and health of the child,
  • The age and health of the parents,
  • Whether the parents or the child has special needs,
  • The home environment each parent can provide the child with,
  • The relationship between the child and their siblings or other family members,
  • The preference of the child, depending on their age and maturity,
  • Any history of domestic violence,
  • Where the parent lives and works and how it impacts the amount of time they spend with the child,
  • The educational needs of the child,
  • The level of involvement each child has in their child’s life, and
  • Any other factor deemed relevant by the court.

How Does the Child Custody Process Work in Texas?

Child custody disputes in Texas begin when one parent files a petition for conservatorship with the court. The person who files must officially serve the other parent with the petition. The parent who is served then has 20 days to submit an answer to the court. If the parent who is served with the petition does not intend to contest the terms within the petition, they can waive the need for service.

If a child custody case is uncontested, both parents will agree on a custody schedule and parenting plan. When the parents cannot reach an agreement, it becomes a contested case, and more formal intervention is necessary. The court will likely begin a disputed child custody case by sending it to mediation. During mediation, the two parents and their lawyers will meet with a neutral third-party mediator. Mediators do not provide legal advice or make decisions. They only try to foster communication and compromise so the parents can ultimately reach an agreement.

When parents can agree, either before or after mediation, they will need to draft a parenting plan and submit it to the court. If the plan reflects the best interests of the child, and is fair to both parents, the court will approve the plan. To ensure this happens and that the process moves along as quickly as possible, it is important to work with a Houston family law attorney who can help you create your plan.

There are times when the parents cannot agree and mediation is unsuccessful. In these cases, the issue will have to be resolved in court, where a judge will make all final decisions.

How to Modify Child Custody Orders in Texas

Even when parents agree on a parenting plan, a judge will issue an order that makes the plan final and legally binding. However, just as with everything else in life, your circumstances may change at some point in the future. When this happens, you may want to change your child custody schedule. You can do this, but you cannot do it on your own.

To modify a child custody order, you must petition the court. This essentially means that you are asking the court for permission to change the order. When petitioning the court, you must present clear evidence showing why a change is necessary and argue your case. If you are successful with your case, the judge will modify the order, and the change will become legal.

Without petitioning the court, it is critical to keep custody arrangements the same. If you make changes on your own, you will be in violation of the custody order, and this carries serious penalties. These include high fines, being held in contempt of court, and even jail time. 

Our Family Law Attorney in Houston Can Help With Your Custody Matter

Whether you have an initial custody issue or you need to modify an order, our Houston family law attorney at Integrity Law Group, PLLC, can help. Our experienced attorney can help you draft a plan, petition for a modification, and ensure you receive the best possible outcome. Call us now at (832) 280-8874 or fill out our online form to schedule a consultation and to get more information.

Essential Steps in Estate Planning: Securing Your Family’s Future

Financially speaking, the laws in Texas regarding the bequeathal of assets are relatively forgiving. In the Lone Star State, there are no estate or inheritance taxes, which can make things easier for your loved ones after you pass away. Still, do not be fooled into thinking that because of this, it is not worthwhile to put time and effort into planning for your estate. Nor should you think the process is always straightforward. Below, our Houston estate planning attorney outlines the most important steps to take when planning for the future.

Create an Inventory of Your Tangible and Intangible Assets

Estate planning begins with taking a comprehensive inventory of your tangible and intangible assets. It may be obvious that you include certain types of property, such as valuable jewelry, real estate, bank accounts, art, electronics, and vehicles. However, there are also certain types of intangible property that you should also consider and include within your inventory. Intangible property you will have to account for includes cryptocurrency, social media accounts, and life insurance policies and annuities.

Create an Inventory of Your Debts

Just as you should create an inventory of all of your assets, it is just as important to create an inventory of your debts. Your debts may include credit cards, mortgage and auto loans, other open lines of credit, and other types of debts. Along with the different types of debt you currently carry, you should also include contact information for creditors and other holders of debt, as well as any relevant account numbers.

Name Your Beneficiaries

When you name beneficiaries, you designate the individuals or entities who will receive your tangible and intangible property as part of their inheritance. You should carefully consider who you want to name as your beneficiaries. While loved ones are the obvious choice for many people, you can also name friends, charities, trusts, and organizations. Along with naming your beneficiaries, you should also specify the tangible and intangible assets you want them to receive.

Meet With Your Financial Planner or CPA

Meeting with your Certified Public Accountant (CPA) or financial planner early in the process can make it easier to review your earnings and optimize them, consider additional savings tools, and consolidate accounts. Meeting with a financial professional can also help you determine if you want to take more advanced steps in the future, such as setting up a revocable or irrevocable trust. When taking these steps, it is always recommended that you speak with a Houston estate planning attorney.

Outline Your Goals for Estate Planning

Different people have different goals for estate planning, and it is important to determine yours early in the process. You may want to use your estate plan to avoid family disputes in the future, make sure your property is passed on to your heirs and beneficiaries, or provide financial security for your family members. Whatever your goals are, define them early, and they will guide you through the rest of the process.

Name Your Fiduciaries

Your fiduciaries are individuals or entities who will manage you, your property, or your money in the event that you pass away or become incapacitated and cannot manage them yourself. Your fiduciaries may include:

  • A guardian of your children
  • Financial power of attorney
  • Medical power of attorney
  • Executor
  • Trustees

The above entities have a legal duty to manage you, your loved ones, or your assets for your benefit and not for theirs. Due to this, it is critical that you are very cautious when naming your fiduciaries and that you only name people whom you deeply trust and who you know will respect your wishes.

Meet With an Attorney Who Can Help You Create an Estate Plan

To ensure that your estate planning documents are legal and enforceable, it is critical that you work with a Houston estate planning attorney who can help you finalize your plan and draft legal documents. The tasks an attorney can help with include, but are not limited to:

  • Drafting legal directives
  • Naming beneficiaries in transfer on death (TOD) deeds
  • Drafting your last will and testament
  • Assigning powers of attorney (POA)
  • Creating medical directives
  • Creating trusts
  • Understanding the business entity and asset protection
  • Forming a family limited partnership

Working with an attorney can also make sure you fully understand all of your legal options. A lawyer can also help you create important documents that will protect your loved ones from challenges during the probate process. When your documents have been drafted by an attorney, it will be easier for your beneficiaries to prove the validity of them.

Execute Your Plan

After completing the complicated process of planning your estate, there is just one more step you have left to take, and that is to execute your estate plan. This step can involve many details, which may include:

  • Signing documents
  • Funding trusts
  • Transferring assets
  • Updating beneficiary designations

An estate planning lawyer can help you with the above tasks and identify anything else that must be done to execute your estate.

Periodically Review Your Plan

Many people think that estate planning is a ‘set-it-and-forget-it’ type of task. It is not. The purpose of estate planning is to get your affairs in order before you pass away or become incapacitated, and those plans may very well change in the future. You should review your estate plan any time there is a significant life event such as a birth, death, divorce, or marriage. Even without these important life events occurring, it is still advisable that you review your plan every two to three years to ensure it still reflects your wishes.

Our Estate Planning Attorney in Houston Can Help

Estate planning can be complex and overwhelming. At Integrity Law Group, PLLC, our Houston estate planning attorney can help reduce the stress when creating your plan and make sure it includes everything necessary to make sure you and your family are protected. Call us now at (832) 263-1828 or contact us online to schedule a consultation and to get the legal help you need.

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