The Law Office of Jon R. Disrud The Law Office of Jon R. Disrud 2026-06-23T16:10:08Z https://www.disrudgarcialaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1604545/2024/03/cropped-jrd-fav-32x32.png On Behalf of Law Office of Jon R. Disrud <![CDATA[Why young people need to consider estate planning]]> https://www.disrudgarcialaw.com/?p=48207 2026-05-19T20:24:13Z 2026-05-19T20:23:37Z Protecting your growing family First, you must secure the care of your children. If you do not name a legal guardian in a will, a judge will decide who raises your kids. This could lead to family arguments or your children ending up with someone you would not have chosen. A Texas estate planning attorney helps you officially name the person you trust most to provide a loving home.

Safeguarding your assets

Second, you need to safeguard your hard-earned assets. Whether it is your house, your car, your 401k or your savings, these items represent your family's stability. Without a plan, your property could be mismanaged or handed out in ways you never wanted. A lawyer can help you set up a trust, which acts like a locked box that holds money specifically for your child’s school and health needs.

Preparing for an emergency

Third, you must prepare for medical or financial emergencies. If an illness or accident leaves you unable to communicate, you need documents that explain your choices. A living will tells doctors what care you want, and a healthcare proxy names someone to speak for you. Similarly, a power of attorney allows a trusted person to pay your mortgage and manage your bank accounts so your life stays on track while you recover. Securing your family's future is one of the most responsible moves you can make in your 30s. It takes the guesswork out of the future and gives you peace of mind. By organizing a will, trust and medical directives now, you protect the people you love. Reach out to a local legal professional this week to take the first step toward a secure tomorrow.]]> On Behalf of Law Office of Jon R. Disrud <![CDATA[Top 3 estate planning mistakes in Texas]]> https://www.disrudgarcialaw.com/?p=48198 2026-03-28T19:22:27Z 2026-03-28T19:22:27Z Estate planning mistakes can affect how your assets are handled and who makes decisions for you. Avoiding common errors helps you maintain control over your wishes.

Failing to create a plan at all

Many people assume estate planning can wait. That delay can shift decision-making to Texas law. If you die without a will, the state determines who inherits your property. Under Texas Estates Code § 201.003, distribution may not reflect your intent. This is especially true if you have children from a prior relationship. The law follows a fixed structure rather than your preferences. This issue matters because intestacy can create confusion and conflict. Your family may need to resolve outcomes you never intended.

Not updating your plan after major life changes

Your estate plan should reflect your current life. Changes in family or finances can make existing documents outdated. You should review your plan after key events:
  • Marriage or divorce: Your named beneficiaries may no longer reflect your wishes
  • Birth or adoption: New family members may not be included
  • Significant asset changes: New property or accounts may be left out
These updates help ensure your plan stays accurate. Without them, outdated terms can lead to unintended distributions.

Overlooking beneficiary designations

Some assets pass outside your will. These include retirement accounts and life insurance policies. The beneficiary form controls who receives them. If you do not update these forms, your estate plan may not work as expected. An outdated designation can override your will. This can result in assets going to the wrong person. Regular reviews help keep your documents consistent. Alignment across your plan reduces the risk of disputes.

When it may help to involve an attorney

Estate planning involves legal documents that must meet Texas requirements. Small errors can affect how your plan works. An attorney can help ensure your documents are valid and aligned with your goals. A qualified attorney may also help you update your plan as your circumstances change. Taking this step can help you maintain clarity and reduce the risk of complications for your family.]]> On Behalf of Law Office of Jon R. Disrud <![CDATA[3 key differences of a military divorce in Texas]]> https://www.disrudgarcialaw.com/?p=48176 2026-01-15T09:54:35Z 2026-01-15T09:54:35Z Considerations on jurisdiction Under Texas Family Code Section 6.303, military couples may file for divorce in a Texas county. If you are a Texas resident, time spent outside the state on military service counts toward residency requirements. With this protection, you do not lose your right to access Texas courts because your duty station changed.

Protection from default judgments

Responding to divorce papers served by a non-military spouse can be difficult, especially if you are on active duty. The Servicemembers Civil Relief Act (SCRA) provides a postponement of court proceedings. It requires courts to appoint an attorney and stay proceedings for at least 90 days if a servicemember’s duties prevent their participation, significantly limiting the risk of a default judgment.

Requirements for division of benefits

Military pensions fall under community property, especially when retirement pay increases during the marriage. Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), a Texas court judge can divide this benefit, provided that the state has proper jurisdiction. However, the method of distribution depends on the 10/10 rule. If the marriage lasted for at least 10 years and had 10 years of overlapping military service, the government sends the check directly to the former spouse. If your marriage does not meet the 10/10 rule, the service member is typically responsible for making monthly payments personally.

Navigating a military divorce with help

The intersecting state and federal laws can be overwhelming to process, but you do not have to face this alone. Because every family’s situation is unique, it would be best to seek counsel from an experienced divorce attorney for personalized guidance.]]> On Behalf of Law Office of Jon R. Disrud <![CDATA[The top 3 misconceptions people have about wills]]> https://www.disrudgarcialaw.com/?p=48168 2025-11-28T07:35:29Z 2025-11-28T07:35:29Z Myth 1: Only wealthy people need wills One of the most persistent myths about wills is that they are only for the wealthy. Many people simply believe that they do not have the assets to justify making one. The truth is that a will serves many purposes beyond passing on wealth. It allows you to name a guardian for minor children, specify who receives sentimental items and designate someone to manage your final affairs. Without a will, state intestacy laws determine who inherits your property. This may not align with your wishes, especially in blended families or when you want to provide for specific individuals.

Myth 2: Handwritten wills work the same way as formal ones

While Texas does recognize handwritten wills (also known as holographic wills), assuming that they are just as reliable can cause problems for your family later on. The handwritten will must be entirely handwritten and signed by you to be valid. A typed or printed sentence can make the entire document invalid. The challenge comes during probate. Two people may need to testify that the handwriting is genuinely yours, which can lead to costly disputes if beneficiaries contest the document. A notarized, formal will with a self-proving affidavit generally faces fewer challenges in court. While holographic wills can serve as a backup in emergencies, they may not have the same benefits as a properly executed document.

Myth 3: Once done, a will never needs updates or revisions

While creating a will is the first step, it should not be a one-time event. You may want to consider updating your will after the following events:
  • Marriage, divorce or remarriage
  • Birth or adoption of children
  • Significant changes in assets or property ownership
  • Death of a named beneficiary or executor
  • Moving to a different state or significant tax‑law changes
  • Changes in your health, wishes or family dynamics
An outdated will can lead to confusion and unintended consequences if left as is. To prevent this, you may want to review your will together with other yearly tasks you need to do, such as tax preparation or insurance renewals, and update as needed.

Creating a will is not as complicated as many think

The process of crafting a will is simpler and more accessible than many people realize. You can work with an attorney for comprehensive estate planning, such as addressing asset distribution, appointing an executor and designating a guardian for your children who are minors. The key is taking that first step to protect your family and clarify your wishes.]]> On Behalf of Law Office of Jon R. Disrud <![CDATA[What should retired servicemembers know about estate planning in Texas?]]> https://www.disrudgarcialaw.com/?p=48166 2025-11-06T19:56:38Z 2025-11-06T19:56:38Z Retirement is a significant life transition, especially for servicemembers. Understanding how your military benefits, state laws and personal goals intersect is crucial for effective estate planning. What should you know?

Retirement should come with updates to your plan

Creating or updating an estate plan after military retirement is a crucial step. This can not only ensure that your loved ones receive the assets you want them to receive but also secure your financial future. During a military career, many servicemembers move every two to three years. This can lead to accumulating assets in different states, each with its own laws. As you transition into retirement, it is essential to update your estate plan to reflect the laws of the state where you intend to live permanently. This can reduce the risk of legal complications for your heirs. State laws can significantly impact estate planning, influencing everything from probate procedures to tax liabilities. Upon retiring, it's important to create an estate plan that aligns with the specific legal requirements of your home state. This includes updating your will, designating beneficiaries for retirement accounts, and possibly adjusting any trust arrangements. By taking these steps, you can provide peace of mind for yourself and your family, knowing that your estate plan is comprehensive and tailored to your current circumstances.

Your plan can include your wishes for your funeral

Including funeral instructions in an estate plan is a thoughtful step. By clearly outlining your wishes in your estate plan, you ensure that your service is recognized and that your funeral reflects your values and legacy. To effectively include funeral instructions in your estate plan, it’s important to communicate your desires with your family and ensure that your estate documents are easily accessible. Specify whether you wish to be buried in a veterans’ cemetery and include any preferences for the type of service, religious components and other personal touches. This is particularly important for military veterans who may wish to have military honors at their funeral. Military honors can include a flag-draped casket, a rifle salute and the playing of Taps to pay tribute to the service and sacrifice of the veteran. Communicating your wishes for these honors to your loved ones can help them make important decisions during a difficult time. Consulting with an attorney experienced in estate planning for veterans can help you navigate the process and ensure that all necessary arrangements are made in advance, providing peace of mind for both you and your loved ones.

Planning for the future should include your military benefits

Addressing a military pension and benefits during the estate planning process is essential for ensuring that this valuable asset is managed and distributed according to your wishes. A military pension provides a steady income stream in retirement and can significantly impact your financial planning. When creating or updating your estate plan, it is crucial to consider how this pension will be allocated among your loved ones. Updating beneficiaries for military retirement pay and benefits is a crucial step in the estate planning process. Failing to update these can lead to unintended consequences, such as an ex-spouse or someone no longer intended to inherit receiving your benefits. The Survivor Benefit Plan (SBP), Thrift Savings Plan (TSP) and life insurance policies like the Servicemembers' Group Life Insurance (SGLI) are also key sources of support for your loved ones. Keeping beneficiary information current helps provide financial security for your loved ones. Understanding the rules and regulations governing military pensions and benefits can help you make informed decisions about how best to protect this asset for future generations. Consulting with an estate planning attorney familiar with military benefits can help you address your pension and other benefits in your overall estate strategy.

Knowing the law can help you plan more effectively

Texas law offers certain protections and benefits for veterans that can influence your estate planning. For instance, disabled veterans may qualify for property tax exemptions. Careful planning can help you preserve this tax savings even if you place your home in a trust. Additionally, Texas provides certain probate shortcuts for smaller estates. As long as you have an estate plan in place when you pass away, this can simplify the probate process for your loved ones. Speaking with an estate planning attorney who understands both Texas law and military benefits can help you create an estate plan that meets state law and addresses your unique concerns as a veteran. With their help, you can have peace of mind knowing that your affairs are in order as you transition into retirement.]]> On Behalf of Law Office of Jon R. Disrud <![CDATA[6 key differences between a will and a trust]]> https://www.disrudgarcialaw.com/?p=48160 2025-09-19T10:34:13Z 2025-09-19T10:34:13Z How wills work A will is a legal roadmap for your estate. With this document, you can specify heirs, nominate guardians for any children under 18 and select an executor to settle debts and distribute your belongings. For a will to be valid in Texas, you must sign the document in the presence of two witnesses who also sign the will. The witnesses cannot be beneficiaries under the will. Texas also recognizes handwritten wills, called holographic wills, but these often create disputes among family members.

How trusts function

A trust creates a legal arrangement in which you transfer assets to a trustee who manages them for your beneficiaries. Unlike wills, trusts can operate during your lifetime and after your death. Trusts offer greater control over asset distribution. You can specify when and how beneficiaries receive their inheritance. For example, you might direct the trustee to distribute funds only when a child reaches age 25 or graduates from college.

Key differences at a glance

Here are the main distinctions between wills and trusts:
  1. Timing: Wills take effect at death, while trusts can manage property during life and after death.
  2. Probate: Wills go through probate. Funded revocable trusts avoid probate for trust assets.
  3. Privacy: Wills become public in probate, while trusts stay private.
  4. Control: Trusts can set rules for distributions, like age milestones. Wills pay gifts outright unless you add a testamentary trust.
  5. Incapacity: Trusts provide built-in management if you cannot manage finances.
  6. Cost: Wills often cost less to set up, while trusts can save time, fees and stress later.
In Texas, community property laws can impact estate planning. If you are married, understanding how your assets are categorized is vital. Both wills and trusts can address community property and separate property.

Making the right choice

Your estate planning decisions will impact generations to come, making it essential to understand all available options. Both wills and trusts offer valuable benefits, but their effectiveness depends on proper implementation and regular updates. Consider your estate plan a living document that should evolve alongside your life circumstances. Estate planning is personal and legal. It is often advantageous to speak with an experienced attorney to tailor a plan, draft valid documents and fund your trust if you create one. Legally sound advice today can spare your family stress later.]]> On Behalf of Law Office of Jon R. Disrud <![CDATA[Texas trusts 101: A beginner’s guide]]> https://www.disrudgarcialaw.com/?p=48154 2025-08-11T19:24:24Z 2025-08-11T19:24:24Z Understanding trusts A trust is a legal tool created by a Settlor that allows one party, known as the trustee, to manage assets for the benefit of another party, the beneficiary. Trusts can serve various purposes, including estate planning, asset protection, and charitable giving. In Texas, trusts are governed by the Texas Trust Code, which outlines the rules and responsibilities for trustees and beneficiaries.

Types of trusts in Texas

Texas law recognizes several types of trusts, each serving different purposes and offering unique benefits. Here are some common types:
  • Revocable trusts: This legal tool allows the Settlor, or individual creating the trust, to change or revoke the trust during their lifetime. They are often used for estate planning to avoid probate.
  • Irrevocable trusts: Once established, the Settlor cannot alter or revoke these trusts. They offer benefits such as asset protection and tax advantages.
  • Testamentary trusts: Created through a will, these trusts come into effect upon the Settlor's death. They are useful for managing assets for minors or dependents.
  • Special needs trusts: This tool helps Settlors provide funds to those with disabilities without affecting their eligibility for government benefits.
It is important that those who are considering a trust understand the differences to better ensure you choose the right one for your needs.

Benefits of establishing a trust

Trusts offer several advantages that can enhance your financial planning and asset management strategies. One of the primary benefits is the fact that assets held in a trust bypass the probate process, allowing for quicker distribution to beneficiaries. This process also allows the Settlor to retain some privacy, as trusts are not public records, providing confidentiality for your estate plan. Depending on the language used to establish the trust, it can also provide asset protection and tax advantages. These benefits make trusts a powerful tool for safeguarding assets and increasing the likelihood that the Settlor’s wishes are honored.

Legal responsibilities of trustees

A trustee oversees trusts. The role comes with a fiduciary duty that requires the trustee act in the best interest of the beneficiaries, managing assets prudently and ethically. Trustees must maintain accurate records of all transactions and decisions related to the trust as well as provide regular updates to beneficiaries, detailing the trust's performance and any changes. It is wise for a Settlor to choose an individual they trust and believe capable to serve in this role.

Changes to the law

It is important to stay current on legal happenings as changes to the law, such as those proposed in Texas Proposition 2, can significantly impact estate planning tools like trusts. This proposal will impact strategies to minimize tax liabilities and preserve wealth across generations as it aims to prohibit the imposition of a tax on realized or unrealized capital gains for individuals, families, estates, and trusts. If passed, Proposition 2 could enhance the attractiveness of trusts as a tool for estate planning in Texas. Moreover, the prohibition of capital gains tax could encourage individuals to invest more in capital assets, knowing state taxes will not diminish their gains. This could increase investments within the state, benefiting both individual investors and the state economy. For estate planning, this means that trusts could be used more strategically to manage investments, potentially increasing the overall value of the estate over time. However, it is important to note that while Proposition 2 would prohibit state capital gains taxes, federal capital gains taxes would still apply. Estate planners would need to consider the implications of federal taxes when structuring trusts and other estate planning tools. Nonetheless, the absence of state capital gains tax could provide significant relief and flexibility, allowing for more tailored and effective estate planning strategies in Texas. Establishing a trust in Texas can offer significant benefits, from avoiding probate to protecting assets and ensuring privacy. By understanding the types of trusts available and the legal responsibilities involved, a Settlor can make informed decisions that align with their financial goals and estate planning needs. Whether setting up a trust or serving as a trustee, it is important to adhere to Texas laws and regulations to help better ensure the trust operates as intended.]]> On Behalf of Law Office of Jon R. Disrud <![CDATA[Estate planning in Texas: How going solo can cost you]]> https://www.disrudgarcialaw.com/?p=48153 2025-08-04T18:00:12Z 2025-08-04T18:00:12Z Planning your estate might seem straightforward in today's world, where you can do just about anything online. You find some forms online, fill them out and you're done. It feels easy, saves money and takes little time. However, without an attorney, this approach to defining your legacy can create serious problems. If you are considering this, you should know how exactly an attorney can help before making any decisions.

Utilize asset preservation strategies

An estate planning attorney can be aware of asset preservation strategies of which you have no knowledge. There are countless strategies to consider, and an attorney can help you explore those that meet your needs to protect your wealth and ensure your assets are distributed according to your wishes. Attorneys can:  With professional guidance, you can maximize your estate's value and secure your legacy.

Avoid costly mistakes

Creating your estate plan means completing and submitting legal documents. Filing the wrong paperwork or selecting incorrect options can derail your estate plan. An attorney helps you avoid these pitfalls. They can confirm that you correctly complete and file wills, powers of attorney and other planning elements to prevent future legal challenges. Mistakes can lead to:
  • Invalid wills
  • Unintended beneficiaries
  • Increased estate taxes
  • Conflicts between family members leading to litigation
By working with an attorney, you safeguard your estate from these costly errors.

Prevent oversights and conflicts

Forgetting specific assets or people can create pain and confusion among your loved ones. An attorney ensures every detail is covered, reducing the risk of disputes and contentious probate proceedings. Having an attorney's help can leave you feeling confident that you have:
  • Listed all assets accurately
  • Included all intended beneficiaries
  • Addressed potential family conflicts
With legal support and oversight, you can rest assured that your estate plan reflects your true intentions. While it may seem like a DIY estate plan is a cost-effective solution, the risks associated with it can be costly and devastating. Instead of leaving behind a wave of conflict and turmoil, you can work with an attorney to leave a lasting legacy of love and support.]]> On Behalf of Law Office of Jon R. Disrud <![CDATA[Do I need a board-certified family law attorney in Texas?]]> https://www.disrudgarcialaw.com/?p=48149 2025-06-10T14:31:53Z 2025-06-10T14:31:53Z While a board-certified family law attorney isn't required in Texas, it is highly recommended for those seeking expert guidance through the complexities of family law matters. Board certification in Texas is a rigorous process that ensures attorneys meet high standards of practice and expertise. To become board-certified, lawyers must demonstrate substantial involvement in family law, complete a demanding examination, and provide references from judges and peers who can attest to their skill and ethics. The Texas Board of Legal Specialization (TBLS) grants this certification to attorneys who meet the specified criteria, making it a mark of credibility and specialized expertise. Dealing with family law issues can be daunting, whether it's going through a divorce, child custody, or property division. Choosing the right attorney can significantly impact the outcome of your case. Here are five benefits of hiring a board-certified family law attorney in Texas:

Skilled professional

One of the significant benefits of hiring a board-certified family law attorney in Texas is their knowledge and skills in the field. These attorneys have undergone extensive training and examination to obtain their certification. They possess a deep understanding of family law, ensuring they are well-prepared to handle complex cases with proficiency. Their proficiency can be crucial in navigating intricate legal issues, providing clients with confidence and peace of mind. A board-certified attorney is equipped to anticipate legal challenges and provide strategic solutions tailored to your unique circumstances.

Proven record

Board-certified attorneys have a proven record of successfully handling family law cases. Their certification indicates that they have substantial experience in the field, often translating into a higher likelihood of positive outcomes for their clients. With a board-certified attorney, you gain access to someone who has demonstrated their capability through years of practice and numerous cases. This experience allows them to anticipate challenges and develop effective strategies tailored to your situation. Their history of success in family law assures that you are in capable hands.

Credibility and trust

Choosing a board-certified attorney adds an extra layer of credibility and trust to your legal representation. The TBLS certification serves as a testament to the attorney's dedication and commitment to excellence in family law. Clients can feel assured as the legal community recognizes their attorney’s skills and ethics. This credibility is invaluable when dealing with sensitive family matters where trust in your attorney's abilities and judgment is paramount. The certification acts as a seal of approval that the attorney meets high standards of professionalism and expertise.

Focused attention and personalized service

Board-certified family law attorneys often provide focused attention and personalized service to their clients. Board-certified attorneys typically offer direct involvement in each case. This ensures that clients receive the benefit of the attorney's personal expertise and judgment. They are dedicated to understanding the unique aspects of your case and providing tailored advice and representation. This personalized approach ensures that your needs are prioritized and addressed with the utmost care and attention.

Commitment to professional development

Attorneys who are board-certified demonstrate a commitment to ongoing professional development. They must continue to meet educational requirements to maintain their certification, staying updated on changes and advancements in family law. This commitment ensures that they equip themselves with the latest knowledge and skills necessary to provide top-notch legal services. Clients benefit from this dedication to continuous improvement, as it enhances the attorney's ability to offer informed and effective counsel. The willingness to stay current with legal trends and updates reflects a proactive approach to providing exceptional service.

Your path to successful family law representation

Choosing the right family law attorney can make a significant difference in your case. If you or anyone you know needs a board-certified family law attorney, call us for a consultation. Take the step towards securing a trusted partner in your family law journey by opting for a board-certified attorney who stands out in their field. A board-certified attorney brings dedication, knowledge, and personalized service that can guide you through the challenges of family law with confidence and success.  ]]> On Behalf of Law Office of Jon R. Disrud <![CDATA[Why waiting to get an estate plan in place could harm your family]]> https://www.disrudgarcialaw.com/?p=48148 2025-06-03T16:43:03Z 2025-06-03T16:43:03Z Intestate succession may not be ideal When someone dies without a will, there are state regulations that determine what happens to their property. The immediate family members of the person who died without a will are typically the people who inherit their resources. Spouses and children may inherit all of an individual's estate in some cases. Other times, parents and other close family members may inherit the assets that belonged to people who did not marry or have children before they died. Intestate succession laws provide minimal guidance and may lead to conflicts about the value of resources and how to distribute individual estate assets. Leaving a testamentary instrument can help prevent loved ones from fighting and can ensure that those without a legal or familial relationship to the decedent have protection.

Emergencies can tear a family apart

Estate planning is not just about mortality. It is also about personal emergencies. People often draft advance directives discussing their medical preferences. They may also establish powers of attorney that allow someone they trust to pay their bills, run their business or make their medical decisions. Without those documents in place, family members may argue among themselves about what choices to make. In some cases, including single-parent families, the lack of prior planning could lead to financial devastation because no one can manage household matters while the parent remains incapacitated. Establishing an estate plan can protect the resources that matter to family members, take the pressure off of them in an emergency and limit the amount of family fighting that occurs. People who worry about their family members might want to draft and regularly update estate plans for the protection of their closest loved ones.]]>