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Frequently Asked Questions

Trying to make sense of Texas’s laws can be frustrating. You likely have questions about how to protect your assets, plan for the future, or manage the complexities of divorce. That’s why the Valenzuela Law Firm, PC is here: to provide clear, straightforward answers to help you make informed decisions with confidence. Explore our FAQs to find the guidance you need, and remember, you can always reach out to our attorneys for personalized support.

Estate Planning

Why is estate planning important?

Estate planning helps make sure your wishes are followed, protects your loved ones, and determines how your assets are distributed. Without a plan, Texas law will decide these matters for you, including who cares for your minor children and how your property is handled. It can also minimize taxes, prevent lengthy probate proceedings, and provide clarity for your family during difficult times.

What's included in a basic estate plan?

A basic estate plan typically includes:  

  • A will to distribute assets and appoint guardians for children.  
  • A trust (if applicable) to manage and protect assets.  
  • Power of attorney for financial and legal matters if you become incapacitated.  
  • A healthcare directive for medical decisions.  
  • Guardianship designations for minor children. 
Do I need an estate plan if I don't have many assets?

Yes, estate planning isn’t just about wealth. It also determines:  

  • Who will care for your children or dependents.  
  • Who makes financial or medical decisions if you can’t.  
  • How your wishes are honored, no matter the size of your estate.
Is estate planning only for older people?

Not at all. Adults of any age benefit from estate planning, especially if they:  

  • Have children or dependents.  
  • Own assets, personal or business-related.  
  • Want to choose who will handle their affairs in the event of incapacity. 
What happens if I die without a will in Texas?

If you die without a will, Texas law decides who inherits your assets. The court also appoints guardians for minor children, which may not reflect your preferences. A will makes sure your wishes are carried out.

Can I write my own will, or do I need a lawyer?

While DIY wills are possible, they often result in errors that make them invalid or unenforceable. An experienced attorney makes sure your will is legally sound, accurate, and compliant with Texas law.

How are a will and a trust different?
  • A will specifies the distribution of assets and the appointment of guardians after death. 
  • A trust manages assets both during your lifetime and after, offering privacy, avoiding probate, and potentially reducing taxes.
Do I need both a will and a trust?

Not always. A trust can be helpful if you want to avoid probate, provide oversight for beneficiaries, such as minors, or protect assets from creditors.

How can I avoid probate in Texas?

Options include:  

  • Creating a revocable living trust.  
  • Adding transfer-on-death (TOD) designations to accounts.  
  • Joint property ownership with rights of survivorship.  

Consult an attorney to create a tailored plan for your needs. 

How often should I update my estate plan?

Review it:  

  • After major life changes (marriage, divorce, kids, relocation).  
  • When tax or estate laws change.  
  • Every 3-5 years to keep it reflective of your current wishes. 
What should I bring to my first estate planning meeting?

Bring:  

  • A list of assets, debts, and beneficiaries.  
  • Existing estate planning documents.  
  • Any questions or concerns.  

Our team at The Valenzuela Law Firm will guide you through every step.

Uncontested Divorce

What is an uncontested divorce?

An uncontested divorce happens when both spouses agree on all terms, including property division, spousal support, child custody, and child support. It’s faster, cheaper, and less stressful than a contested divorce.

Do I need a lawyer for an uncontested divorce?

It’s not mandatory, but having a lawyer review the paperwork helps confirm accuracy, which prevents delays and errors. Legal guidance simplifies the process and protects your interests.

Can we get an uncontested divorce if we have kids?

Yes, as long as both parents agree on key issues, such as custody, visitation, and child support.

What if we agree on most issues but not everything?

For a divorce to be uncontested, all terms must be agreed upon. Mediation can help resolve disagreements. Once both parties agree, the divorce can proceed as an uncontested one.

How long do you have to live in Texas to file for divorce?

At least one spouse must have lived in Texas for six months and in the county where the filing is made for 90 days.

Is there a waiting period for divorce in Texas?

Yes, there’s a mandatory 60-day waiting period after filing before the divorce can be finalized.

Do I need to attend court for an uncontested divorce?

Typically, at least one spouse must attend a short court hearing. At The Valenzuela Law Firm, we prepare you for this step.

How much does an uncontested divorce cost?

Our flat-fee uncontested divorces start at $1,999 (excluding court filing fees) for couples without children.

What's included in the flat fee?

Our service covers:  

  • Filing the divorce petition.  
  • Preparing and submitting all required documents.  
  • Step-by-step guidance through the process.  

Filing fees are separate but clearly outlined upfront.

What paperwork is required?

Key documents include the divorce petition, final decree, and agreements for property division, custody, and support (if applicable). Don’t worry—our team handles all the paperwork for you.

If you have further questions or require personalized advice, please contact The Valenzuela Law Firm, PC. We offer services in both English and Spanish, and we are here to guide you every step of the way.

If you have further questions or require personalized advice, please contact The Valenzuela Law Firm, PC. We offer services in both English and Spanish, and we are here to guide you every step of the way.

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