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Tom Benson’s Estate placed in Receivership by Texas Judge

On February 9, 2015, Judge Tom Rickoff, Bear County Probate Judge, ordered two receivers to take control of Tom Benson’s Texas-based fortune in a move that Texas Tech Probate Professor, Gerry Beyer, says has not occurred more than a dozen or so times in the past 30 years. Beyer said, “It’s so rare, that in […]

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Freedom of Speech Rocks!! Bring It!

But not half as much as I love the Texas Constitution and the Anti-SLAPP Statute to slap would be bullies around! Article I Sec.8 of the Texas Constitution is bullet proof and no injunction has been upheld in 200 years on speech! So don’t defame! Use rhetorical hyperbole, opinion statements and truth! Truth is your […]

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Guardianship: Jesus Take the Wheel!

nbsp;   “The Road to Hell is Paved with Good Intentions”I am such the fan of Terry Hammond, I had to reprint this. It’s also eerily frightening the thought of the Judiciary asleep at the wheel, which is Terry’s big plan..he he he. I’m praying Jesus will take the wheel. Anyone have a drumroll…. Here’s […]

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PseudoDementia misdiagnosed for Dementia 15% of Elderly

Right now,  a million or more Americans who have been diagnosed with dementia (including Alzheimer’s dementia), which is debilitating and incurable, are actually suffering with major depression – and that is completely curable in more than 90 percent of cases. This massive misdiagnosis of Americans has dire effects on families, well-being and productivity. The symptoms […]

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Texts, Emails & Social Media in Divorce

Electronic communications such as texts, email and even posts on social media sites such as Facebook and Twitter are fast becoming the most important pieces of evidence in divorce cases. In fact, 94 percent of 1,600 lawyers recently surveyed by the American Academy of Matrimonial Lawyers (AAML) claimed that text messages had increasingly become the […]

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Determining Primary Custody in Texas

Parents frequently asked “How is primary custody determined by the Courts?” The term “primary custody” is commonly used jargon to describe the Parent with the exclusive right to designate the child’s primary residence, since parents will be deemed Joint Managing Conservators in most cases (“JMC”). Joint Managing Conservator denotes the fact that both parents have […]

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Using Social Media to Deny Alimony in Texas

A trend has emerged in the context of Texas Family Law to refer to the opposing spouse’s social media accounts in search of “smoking guns” and obtain an edge. This practice has provided unbelievable evidence and is seen primarily in cases where the Parties’ estate is substantial and one party seeks alimony from the other. […]

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Child Custody in Texas: Standard Possession Order

In Texas, Courts almost always defer to the Legislature-created “Standard Possession Order,” which seeks to fulfill our State’s goal of promoting meaningful, continuous contact with both parents in the event parents divorce, as many do these days.  There are rare circumstances which may cause a Judge to veer from the Standard Possession Order found in […]

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Autistic Intelligence is not always what meets the I.Q.

 There’s more to the intelligence of autistic people than meets the IQ. Unlike most individuals, children and adults diagnosed as autistic often score much higher on a challenging, nonverbal test of abstract reasoning than they do on a standard IQ test. The same autistic individuals who score near or below the IQ cutoff for “low […]

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Family Law: Relocation in Texas

Relocation has been a hot topic for family lawyers and for some of their clients for a few years. Courts have also published decisions in this area. With litigation involving the right to establish the child’s domicile becoming prolific, the guidance offered by these decisions is generally well-received and considered long overdue. The first decision […]

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Special Needs Planning & Guardianship

As your special needs son or daughter reaches the age of the majority, 18, parents be aware of the need to begin transition services and obtain a guardianship so that you can continue to have access to information that would otherwise be confidential, make decisions on behalf of your disabled child, and receive State and/or […]

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Special Needs Trusts

A Special Needs Trust is a specialized legal document designed to benefit an individual who has a disability. This may also be called a Supplemental Needs Trusts, denoting the items upon which trust assets may be spent.  It is important to remember that a Special Needs Trust is a living legal document that is meant to not […]

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Special Needs Trusts: Autism

When it comes to creating a special needs trust for a disabled loved one of a client, too many practitioners focus only on the preservation of public benefits, says Stephen Dale, a disability advocate and specialist on estate planning. “Maybe 20 years ago that was good enough, but if that’s what you’re doing, you need […]

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