The recent tornadoes in north Texas and Oklahoma are a stark reminder that disasters can happen anytime to anyone. Dozens of people lost their lives and many are still missing. Our hearts go out to the families trying to put their lives back together in the wake of the tornadoes.

The fact is, none of us knows when our last day will come. Those who were taken by the tornadoes didn’t know it would be their last day on Earth. Some of them planned ahead and had wills in place, so their families have one less thing to worry about. We like to think we will all live to a ripe old age, but that’s not always the case. Do your family a favor and contact a Bryan-College Station, Texas estate planning attorney about creating a will.

By using an experienced attorney you can have confidence that your estate plan will stand up to a challenge after you’re gone. Leaving an invalid will has the same effect as dying with no will. If you die with no will in Texas, your assets will be distributed based on Texas law.

Every person who has an opinion about what happens to his or her property after death should have a valid will. Even if you have a small estate today, take steps to make a will anyway. To by sure your loved ones receive the inheritance you want them to have when you die, contact an experienced Bryan-College Station, Texas estate planning attorney. Likewise, if you are wondering whether a particular will is valid, schedule a meeting so we can discuss the facts of your situation and recommend your next steps. Call us today at 979-703-7014 or fill out our online contact form.

After you have created a will, you can take a break from thinking about dying, but only after you put your will in a safe place and decide who needs a copy. The standard suggestion is to keep your will in a fire box at home. The recent tornadoes, however, show how in rare instances your death involves the complete destruction of your home. Take heed and leave your will and any accompanying documents you have prepared as part of your comprehensive estate plan in a place where they can be easily found if something happens to you.

Here are some suggestions:

• At home in two places.  For ease of access, put a copy in your filing cabinet at home and label the file “In Case of Emergency if Something Happens to _____.”  It seems like a long label now, but few people think very clearly in emergencies, so the long label will be easy to spot.  The second place you should store your estate planning documents at home is in a waterproof, fireproof safe.  This copy will be preserved in the event the filing cabinet is destroyed.  To be on the extra-safe side, put the safe in the upstairs attic or high closet shelf in case it turns out to be less waterproof than promised by the manufacturer.
• Safe Deposit Box.  The key here is to make sure the appropriate people know you have a safe deposit box and where it is located.  Texas law permits a spouse, parent, or adult child of a deceased person to search the safe deposit box without a court order for documents left inside.
• Give a copy to your executor.  This is a matter of personal discretion, but in the event the original will is in the safe deposit box and the executor is not a spouse, parent, or adult child, the copy can be used to secure a court order if necessary to get into the safe deposit box.  Of course, this option means the executor must know which bank you used.
• File it with the Court.  Texas law allows a person to file his or her Last Will and Testament with the clerk of court in the county for safekeeping where he or she resides for a nominal fee of $5 to $10.

Before you move on to the next item on your to-do list, make sure you put some thought into where to keep your will so your family can find it when they need it.

An experienced Bryan-College Station, Texas estate planning attorney can provide the information and assistance you need to prepare a comprehensive estate plan today. Call the Peterson Law Group to make an appointment at 979-703-7014 or fill out our online contact form.

A benefit corporation is a for-profit corporation, but unlike traditional corporations, a benefit corporation’s directors are free to engage in business activities that promote common good without fear of lawsuits from shareholders. Directors of traditional corporations businesses are legally obligated to maximize economic returns for shareholders. So, if a greener business model could be implemented in a traditional corporation, but doing so would cut into profits, business directors are exposed to liability for failing to maximize profits.

Benefit corporations, on the other hand, can legally operate in a manner that has a positive impact on both the environment and society while still making a profit.  Some other distinctions of benefit corporations include:

• The corporation’s stated purpose includes having a material positive impact on society and the environment
• The duties of directors are expanded to require consideration of nonfinancial stakeholders as well as the financial interests of shareholders
• Benefit corporations are obligated to report their overall social and environmental performance using a comprehensive, credible, independent, and transparent third-party standard

Proponents of benefit corporations believe the designation will help consumers distinguish between businesses that falsely claim to be environmentally conscious and those who actually practice what they preach.

Legislation to allow benefit corporations in Texas was introduced in the state legislature in March 2013, but was withdrawn from the schedule earlier this month. We will keep an eye on any action in the state legislature regarding the proposed benefit corporation act and let you know what happens next

If you need help starting or managing your business, contact an experienced Bryan-College Station, Texas business law attorney. Our attorneys provide assistance and answer your business formation and management questions, including employee and compliance issues. Call the Peterson Law Group to make an appointment at 979-703-7014 or fill out our online contact form.

In most cases of adult guardianships, a relative of the ward makes an application to the probate court for guardianship. The ward may be very sick or disabled and in need of care and supervision.

Guardianships can be temporary or indefinite, depending on whether the probate judge believes the person is going to get better.

Guardians are generally responsible to the protected person for:

• Deciding where the protected person lives
• Making sure the protected person’s basic needs are met, including food, clothing and comfort
• Making decisions about the protected person’s health care, rehabilitation and treatment
• Maintaining the protected person’s property and personal possessions with reasonable care
• Making some financial decisions for the  protected person, if he or she doesn’t have a conservator
• Advocating for the protected person’s rights

When a family member or close friend depends on you for care, start the guardianship application process as soon as possible. We prepare your for case and represent you through the probate court process. We also offer guidance if questions arise during your service as a guardian. Contact an experienced Bryan, Texas probate attorney at the Peterson Law Group. Call 979-703-7014 today to schedule a consultation.

When disputes arise, they are often based on a claim that a trustee or an estate representative breached the fiduciary duties owed to the estate. Fiduciary duties essentially mean the trustees and executors must put their own interests aside and act with complete honesty and integrity in matters affecting the estate.

Sometimes, conflicts are the simply caused by unclear language in the trust document or last will and testament. The representative interprets the will or trust one way, while the beneficiary reads it another way.

Other times, trustees and executors make poor decisions and even commit fraud with trust or estate funds. Some probate litigation matters we handle are:

• Mishandling assets in a trust or estate
• Failing to provide asset protection
• Failing to distribute funds in a timely manner
• Denying payments to beneficiaries for personal benefit
• Conducting affairs in conflict with beneficiaries’ best interests

We represent clients on either side of trust and estate disputes. If you are facing probate litigation, we can help. We gather evidence to support your claim, including bank records, property records, tax returns, invoices and other financial records to present to the probate court to prove your claim or bolster your defense. Contact an experienced Bryan, Texas estate planning attorney at the Peterson Law Group to discuss your case develop a strategy to meet your goals. To schedule a consultation, call us today at 979-703-7014.

Your estate includes everything you own, including partial interests in property. A comprehensive estate plan can provide for your care if you are incapacitated, direct the distribution of your assets when you die and minimize tax liability by avoiding the probate administration process for some of your assets.

To accomplish your goals, your plan may include a number of components in addition to your will, such as an advance directive for health care, a durable power of attorney, and one or more trust vehicles.

One of our experienced estate administration lawyers can recommend options to ensure your future care, ease probate administration and minimize tax exposure. Some of the factors you should discuss with your attorney when preparing your estate plan include:

• Trust options
• Tax implications
• Medical planning
• Business planning
• Family impact
• Friends you may want to include in your planning
• Charitable organizations you may want to include
• Your assets
• Your future financial needs in the event you become incapacitated
• Your future medical needs

If you need help creating or updating your estate plan, will, medical care advance directive or trust arrangements, contact an experienced Bryan, Texas estate planning attorney at the Peterson Law Group. To schedule a consultation, call us today at 979-703-7014.

If parties are able to communicate effectively, the process of developing a mutual parenting plan can help both parents have a better understanding of which factors are more or less important to the other parent. Having a good lawyer on your side during the process is important. Your lawyer can give you insight into the judge’s tendencies on a particular subject and help you make rational decisions when emotions run high.

We strive in every case to help clients make parenting plans that work for their families, because we believe is always better for parents to craft an agreement to fit their family, rather than being forced to comply with a parenting plan constructed by a judge who does not know the children or the family dynamics.

Nonetheless, we understand that it takes two people behaving reasonably to reach a mutual agreement. When it is impossible to develop a mutual parenting plan with the other parent, we aggressively pursue court approval of a plan which meets your needs and promotes the best interests of your children.

For assistance with a divorce, child custody, or child support matter, call the Peterson Law Group at 936-337-4681 or 979-703-7014.  Our experienced Conroe, Texas divorce attorneys will stand up for your rights and protect your interests. Call today or contact us online to arrange an appointment.

Some of the steps you should plan to take when considering starting a new business include:

• Doing your homework. Either do the research yourself or consult a successful business lawyer for advice regarding licensing and permits, financing, protecting your intellectual property rights and drafting necessary commercial agreements before you do anything else.
• Choosing a business structure. Select a business entity type available in Texas. Each type of business entity has its advantages and disadvantages, including differences in tax treatment and oversight requirements. Consult with an attorney and an accountant before deciding which type of business entity to form.
• Determining next steps. After you form a legal business entity, your next steps depend on the location and type of business you operate. At a minimum, most businesses will need a federal tax identification number from the Internal Revenue Service, a city or county business license before commencing operations and appropriate liability insurance.

When you are ready to breathe life into your business idea, contact an experienced Bryan-College Station, Texas business law attorney. Our attorneys provide assistance and answer your start-up and business formation questions. Call the Peterson Law Group to make an appointment at 979-703-7014 or fill out our online contact form.

If a custodial parent wants to move beyond the geographical restrictions of the existing custody order, one way to address the issue is to notify the other parent in writing of the proposed move. The custodial parent should keep a record of proof of delivery of the notice and provide at least 30 days for the non-custodial parent to respond.

Any agreement between the parents to allow the move should be well-documented and signed by the parties and a witness.

On the other side of the coin, the non-custodial parent may object to the move. If the non-custodial parent objects, the custodial parent has to decide whether to pursue the issue in court. The custodial parent should file a petition to modify the existing custody order to alter the geographic restrictions.

If the reasons for the proposed move are compelling, the custodial parent may be able to win a court’s permission to move. The custodial parent must be prepared to present evidence that the proposed move is in the best interests of the children.

In some cases, parents reach an agreement without going to court to allow the custodial parent to move beyond the geographical restrictions in the existing order. An agreement is more likely if the custodial parent is willing to make accommodations for the non-custodial parent, such as extended visitation periods, greater telephone access to the children and contributions to travel expenses to help the non-custodial parent exercise his or her visitations.

If you are considering moving or your ex-spouse is planning to move with the children, contact an experienced Conroe, Texas divorce attorney today to discuss your options. At Peterson Law Group, we stand up for your rights and protect the best interests of your children in custody and support matters. Contact us today at 936-337-4681 or 979-703-7014.