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By Dan Wyde 05 Oct, 2023
If you have been arrested for DWI in the Dallas Fort Worth area then you have only 15 days from the date of your arrest to request an Administrative License Revocation ( ALR ) hearing. Otherwise your driver's license will be suspended. This is NOT a court date or any date you may have received on your citation. This legal process can be confusing so contact us today by email ( go here ) or calling our office at (214) 521-9100 . Do not lose your right to drive. Call us today so we can help you keep your privilege to drive.
By Dan Wyde 18 Apr, 2023
D id you know that in the State of Texas there exists the possibility of a bank not paying out to beneficiaries who are designated on the account's signature card for an account listed as a " Payable On Death " (POD)? Our firm has handled such situations as they rare, and they don't fall under a testamentary asset - meaning that they are not subject to the probate courts. Recommending that clients convert their regular checking and savings accounts to have a POD designation often is used in estate planning , but this converts a testamentary asset into one of the few non-testamentary assets like a term life insurance policy. Several sections of the Texas Estates Code apply here including: Section 113.52 Rights Of Creditors Section 113.04 Types Of Accounts Many others Upon the death of the account holder, the named beneficiary(ies) should receive the remaining funds in the account subject to Texas regulations. So why would the named beneficiary not get access to the funds, especially if there is no lawsuit from other family members or creditors? One of the ways this may happen is when the signature card was signed, dated, and had the named beneficiary(ies) with the payable on death account designation at a bank which later was acquired. While the acquiring bank should have safeg0uards to ensure that the most recent signature card is properly reflected in their computer systems, the ultimate factor is the actual signature card itself. Older account holders may have signed a physical signature card at the original bank, and then they never signed a new signature card (another physical card or digitally) with the new banking institution. Another concern some people have with POD accounts is that the decedent may have named the checking/saving account's beneficiaries in one's Last Will & Testament; but the signature card on file with the bank has a different beneficiary. Since the POD-designated account no longer is a testamentary asset, thus not subject to probate, then this can cause challenges between parties who expect to receive the remaining funds. A bank also may not follow its own steps for checking a signature card before disbursing funds to the incorrect party. Banks in Texas have a step-by-step process which must be followed for POD account fund disbursement. Any missteps in this process can cause significant problems and alter the wishes of the decent as listed on his/her original signature card. This is a complex situation due to the checking/savings account, traditionally considered an estate asset and therefore subject to probate, when the exact same checking/savings account instead has the payable on death designation. Our lawyers can help you with these kinds of confusing situations and other similar estate-related, and other non-testamentary asset-related, situations. Contact us today to schedule your consultation.
By Dan Wyde 18 Apr, 2023
The following lists some of the kinds of charges you may face if charged with assault family violence or domestic family violence: Aggravated Assault - Serious Bodily Injury Aggravated Assault - Deadly Weapon Assault By Impeding Breath Or Choking Continuance Violence Against The Family Assault - Bodily Injury / Indecent Assault Terroristic Threat Assault - Offensive Touching Emergency Protective Orders Violation Of Emergency Protective Orders If you are, or someone you know is, facing one of the charges listed above then contact us to schedule your consultation . You may learn more about these kinds of charges from the Texas Family Code, TITLE 4. PROTECTIVE ORDERS AND FAMILY VIOLENCE: Click Here
By Dan Wyde 18 Apr, 2023
Did you know that an "affirmative finding of family violence" includes: Being ineligible for any order of expunction or non-disclosure of records. Lifetime ban from owning or possessing any firearms. Not being allowed to be joint managing conservator of your children. If you are in a divorce or in any lawsuit then this affects the parent-child relationship. You risk being deported if you are not a U.S. citizen. There are other concerns as well, so contact us for any assault family violence or related domestic violence charges in Dallas County, Collin County, Denton County, Rockwall County or nearby Texas counties.
Estate Planning Checklist: What to Discuss With Your Estate Attorney
12 Mar, 2020
While nobody really likes to think about the idea of passing away, proper estate planning is essential for families. Consider this estate planning checklist.
8 Reasons Why You Need a Lawyer for Expunging Records in Texas
17 Jan, 2020
If you're concerned about how your record looks when you go in for a job or submit to a background check, it's time to fix that. Expunging records in Texas is made to help people who've made mistakes to move on from the past.
Expungement 101: What Is It and Who Is Eligible
17 Jan, 2020
A criminal record can often hold you back from getting a new job, a new home and so many other things that you deserve to have. So, expungement can definitely help you fix that.
How to Get a Felony Expunged in Texas and Clear Your Record
17 Jan, 2020
If you're looking to get a record expunged in Texas, it's frankly very challenging without a legal expert to guide you through it. However, if you're able to get the right person on your side, you won't have to struggle with how to get a felony expunged in Texas.
Child Support Requirements: The Basics of Child Support
15 Jan, 2020
Recent statistics from the Texas judicial branch estimate that almost one-quarter of all new family law cases involve child support cases.
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By Dan Wyde 05 Oct, 2023
If you have been arrested for DWI in the Dallas Fort Worth area then you have only 15 days from the date of your arrest to request an Administrative License Revocation ( ALR ) hearing. Otherwise your driver's license will be suspended. This is NOT a court date or any date you may have received on your citation. This legal process can be confusing so contact us today by email ( go here ) or calling our office at (214) 521-9100 . Do not lose your right to drive. Call us today so we can help you keep your privilege to drive.
By Dan Wyde 18 Apr, 2023
D id you know that in the State of Texas there exists the possibility of a bank not paying out to beneficiaries who are designated on the account's signature card for an account listed as a " Payable On Death " (POD)? Our firm has handled such situations as they rare, and they don't fall under a testamentary asset - meaning that they are not subject to the probate courts. Recommending that clients convert their regular checking and savings accounts to have a POD designation often is used in estate planning , but this converts a testamentary asset into one of the few non-testamentary assets like a term life insurance policy. Several sections of the Texas Estates Code apply here including: Section 113.52 Rights Of Creditors Section 113.04 Types Of Accounts Many others Upon the death of the account holder, the named beneficiary(ies) should receive the remaining funds in the account subject to Texas regulations. So why would the named beneficiary not get access to the funds, especially if there is no lawsuit from other family members or creditors? One of the ways this may happen is when the signature card was signed, dated, and had the named beneficiary(ies) with the payable on death account designation at a bank which later was acquired. While the acquiring bank should have safeg0uards to ensure that the most recent signature card is properly reflected in their computer systems, the ultimate factor is the actual signature card itself. Older account holders may have signed a physical signature card at the original bank, and then they never signed a new signature card (another physical card or digitally) with the new banking institution. Another concern some people have with POD accounts is that the decedent may have named the checking/saving account's beneficiaries in one's Last Will & Testament; but the signature card on file with the bank has a different beneficiary. Since the POD-designated account no longer is a testamentary asset, thus not subject to probate, then this can cause challenges between parties who expect to receive the remaining funds. A bank also may not follow its own steps for checking a signature card before disbursing funds to the incorrect party. Banks in Texas have a step-by-step process which must be followed for POD account fund disbursement. Any missteps in this process can cause significant problems and alter the wishes of the decent as listed on his/her original signature card. This is a complex situation due to the checking/savings account, traditionally considered an estate asset and therefore subject to probate, when the exact same checking/savings account instead has the payable on death designation. Our lawyers can help you with these kinds of confusing situations and other similar estate-related, and other non-testamentary asset-related, situations. Contact us today to schedule your consultation.
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