The Ashmore Law Firm, P.C.

The foundation of your estate plan begins with a Will package. Following are the documents that are included in the package: 1. Last Will and Testament A legal documents which states how you want your property to pass at your death, who you appoint as your Independent Executor and who will take care of your minor children upon your death. 2. Statutory Durable Power of Attorney Allows you to name who you want to make business and financial decisions for you in the event of incapacity or disability. 3. Durable Power of Attorney Healthcare allows you to name who you want to make your medical and health care decisions for you in the event of your incapacity or disability. 4. Directive to Physician (Living Will) Declares your wishes with respect to life-prolonging treatments and procedures. 5. Designation of Guardian Should the Need Arise allows you to name the individuals who will be your guardian of your person and estate in the event of your incapacity or disability. More importantly, it allows you to name the individual you DO NOT want serving in that capacity. 6. Designation of Guardian for you Minor Children (Should the Need Arise) Allows you to name the individuals who will be the guardian of your children in the event of your incapacity or disability. 7. HIPAA Authorization Permits you to name individuals to have access to your medical information and records. After you have met with an estate planning attorney and the attorney has drawn the documents, you will want to review them every year to make sure they still reflect your wishes. As your life and family changes, you may want to review your plans and perhaps change them. We also advise that you an attorney look over the documents to be sure they are still compatible with any changes in federal law.

A trust is an agreement that one person makes to hold property, real or personal, for the benefit of another. Trusts can be created to be effective during life or only upon death. There are many types of trusts discussed below, but the two main categories of trusts are revocable or irrevocable. Contact a qualified estate planning attorney to determine whether or not one of these trusts could be beneficial for you.

A Will is a document that sets out a person's declaration of how he (the "Testator") desires his property to be disposed of after his death. When an individual dies in the State of Texas with a Will, the Will is submitted to the Probate Court. Probate is the process by which a Will is legally recognized. There may be instances where one needs to challenge the validity of a will, because they believe the testator was unduly influenced to sign the will, or did not sign the Will of his own free will. Another reason to contest a will is if the Testator lacked testamentary capacity, which means he did not have the mental capacity needed to understand all of the contents of the will. Under Texas laws, you only have two years to file a Will contest after the Will has been admitted to Probate. Contesting a will is not easy, but with the right Probate Attorney, there is no reason why you cannot effectively plead your case. If the Will is invalid, having a knowledgeable lawyer on your side is going to be the way to prove it.

This is the legal process wherein a valid will is probated, meaning the assets of the estate will pass in accordance with the terms of the will to the named beneficiaries in the will. The person who signed the will is known as the testator. It is in this will that the testator named the person who they wanted to collect all of the assets of the estate and make proper distribution per the terms of the will. This person is known as the independent executor. When the will is probated, the court is finding that the will is valid and it was never revoked. There are two (2) different types of probate that can be used when a decedent died with a will. You can probate a will as a Muniment of Title, or you can probate a will and receive Letters Testamentary. The following individuals are the only ones who can initiate this proceeding to probate the will: •Executor named in the will •Any heir •Devisee •Spouse •Creditor •Any other person having a property right in, or claim against, the estate An application to Probate must be filed within four (4) years from date of death of the testator. There is an exception, if the person initiating the proceeding can explain why he or she is not in default for not timely filing the will for probate, a probate court may allow the filing of the application. The independent executor must send a letter to all beneficiaries named in the will along with a copy of the will and the order probating the will.

If your loved one dies without a will the legal term is they died intestate. Texas law dictates who the beneficiaries will be and the percentage of the estate they are entitled to. A Probate Judge determines who manages the estate and collects the assets and makes the proper distribution. If a person dies intestate, the estate can be probated in a few different ways. Contact a qualified probate attorney for more information on probating an estate without a will.

Not everyone has a "happily ever after". Statistics show that up to 50% of all marriages end in divorce and the rate is higher for second marriages. There is now a larger percentage of people getting divorced between the ages of 45 and 64. Be informed before starting the Divorce process and if you have just been served with a Divorce Petition, educate yourself before hiring a lawyer so that you find the right lawyer for you.You probably never thought you would be in this situation, however, even with the best intentions, some marriages just don't survive. Divorce procedures in Texas can be challenging. Property acquired together must be split, as well as all assets that were obtained during the marriage. The State of Texas is a no-fault divorce state, which means you do not have to prove that your spouse did anything wrong. When a couple with young children divorces, it is vital to have an attorney involved in order to protect the children's welfare and to negotiate custody, support, and visitation agreements in a way that looks out for the children's interests. The best way to keep divorce proceedings civil and protect the interests of everyone involved is to hire a divorce attorney. The attorney can help find fair and reasonable solutions throughout the divorce process, including the division of property, the distribution of assets, the selling or dissolution of a joint business, spousal support (alimony) and spousal support agreements, and representation in mediation or in the courtroom. A divorce case can overlap into other areas of the law, including taxation, real estate, businesses law and estate planning so the Ashmore Law Firm works with accountants, counselors and business appraisers to make sure that all your interests are protected to the greatest extent possible. To learn more about the divorce process, please feel free to contact us at 214-559-7202 to talk to one of our experienced attorneys who can answer your questions, or request our free book: Childless and Loveless: What you need to know about divorce in Texas. "Divorce is a frightening experience for anyone, whether there are children involved or not. A divorce is a very personal thing and you need to make sure you can trust the attorney you hire and feel comfortable with this person. You need to take the same steps in hiring a divorce lawyer as you would in hiring a family doctor. Sometimes, just deciding who will take the dog cannot be easily settled." -Gary Ashmore, Attorney at Law

Child custody has to do with determining who will get to keep the children, but there are different options for child custody, including sole custody on the wife's behalf, sole custody on the husband's behalf, or shared custody in various applications. Child custody cases involve not only emotional issues, but legal issues as well. Choosing a child custody attorney as soon as you know that a divorce is impending is the best way to make sure that your children's best interest is kept in mind. In a divorce, sometimes the children can be forgotten because Dad and Mom are fighting about money, love, and other really vital themes. By choosing a custody attorney during your divorce proceedings you can make sure that someone is taking care of the needs of your child or children, because their needs are quite vital when parents are splitting up. Planning Ahead If you are planning to file for divorce and you want to plan ahead for custody of your children, hiring a child custody attorney as early as possible will prepare you for your court case. Filing for custody of any kind, including giving up sole custody involves a court case, and having a child custody attorney will allow your children's interests to be kept in mind throughout the trial, as well as allowing you to make better educated decisions regarding the decisions that you make on their behalf.

A prenuptial agreement, also known as a premarital agreement or prenup, helps a couple define their rights, obligations, and can protect both parties in the case of death or divorce. A prenuptial agreement may deal with the division of property after divorce, but it can also be used for the following: •Determining the responsibility for premarital debtsPrenuptial Agreement •Defining the ownership of the marital home •Estate Planning and distribution of property after death •Deciding which items are community property and which are separate property •The resolution of future financial disputes •Spousal support (alimony) obligations •Support of existing children •Allocation of taxes •Protection of business interests Financial Responsibilities A prenuptial agreement in Texas can also be used to clarify financial responsibilities during the marriage. These responsibilities include: 1.The filing of taxes 2.Payment of household bills 3.Maintenance and ownership of checking and savings accounts 4.Payment of credit card charges 5.Responsibility for large purchases 6.Estate planning 7.Payment of support and education costs Communicating about financial matters and creating a prenuptial agreement together can strengthen a relationship and provide a strong base for future financial dealings. If you are getting married, we wish you a long and happy future together. A prenuptial agreement may help protect this future.

Child support is an important consideration to make if you plan on suing for full or joint custody of your child or children, but will need child support in order to raise them from your spouse. There are numerous reasons why it may be necessary to file for sole or joint custody, including if you and your ex-spouse no longer live close to one another. However, this does not mean that you both do not need to continue paying for the financial aspects of child rearing. If your spouse gives up custody to his or her children, he or she may still have to keep paying for their needs. If you are planning on filing for divorce and custody of your children in Texas, it is absolutely vital that you contact a child support attorney. This will allow you to have the protection that you need by asking that your spouse continue to make payments toward the needs of your children. Just because you sue for sole custody of your children, that does not mean you are removing your spouse's financial obligations to his or her children, which is why child support attorneys exist. If you are going through a divorce with your spouse and there are children involved, it would benefit both you and your spouse to contact an attorney. By having an attorney on your side you will have a much greater chance of getting the child support that you need.

Car accidents can be devastating. A single moment of carelessness may become a life altering event. They cause property damage, injury, lifelong disability, even loss of life. Victims and their families are faced with costly car repairs, high medical bills, and perhaps funeral expenses at a time when they may not even be able to work. If the insurance company offers a settlement, it may seem like a lifesaver. But, insurance companies are more interested in saving money than in providing fair compensation. That “lifesaver” may not cover all your losses. Did you know that once you accept an insurance settlement, you are no longer eligible for additional compensation? The Ashmore Law Firm is committed to helping victims of automobile accidents in Dallas and throughout Texas. If you have been in an accident caused by a reckless or negligent driver, we can help you get compensation for all your injuries, property damage, lost wages, pain and suffering and other damages. MORE than just Car Accidents...In addition to car accidents, we handle: •Truck accidents •Motorcycle wrecks •Pedestrian accidents •DWI accidents •Insurance disputes •Third Party Liability Claims •Uninsured Motorist Claims •Underinsured Motorist Claims If you have been injured and have questions or need legal assistance contact us to schedule a free consultation.

The experience and expertise you need after an accident or injury. Medical malpractice is one of the most challenging areas of the law. Each case must have expert medical testimony that establishes how the patient was injured and what the health care provider should have done to avoid the injury. This type of evidence is presented by qualified health care providers that care about patient rights. The Institute of Medicine reported that as many as 98,000 people die each year from medical errors. This devastating report clearly shows how common medical malpractice occurs in this country. Our attorneys are capable of pursuing these cases with a dedicated attitude. By bringing these medical negligence cases, we are able to raise the level of medical care that is to be expected in this community. What Kind of Cases Do we Handle? We routinely handle medical malpractice cases involving: •Emergency medicine •Medication errors •Surgical errors •Failure to diagnose

Slip and fall cases depend upon the specifics of each situation. For example, if you were hurt while walking down an isle at a shopping store because of debris on the floor, you would need to prove that the debris was left on the floor of the store for a sufficient amount of time or that the unreasonably dangerous condition was caused or created by store employees. If so, you may be able to sue. Slip and fall injuries are sometimes referred to as premises liability. Consult with a personal injury attorney to see if you have a case.