Posted on December 15, 2025 in Divorce

There are several items that should be addressed after a divorce. One item that should be a priority for both parties is the revision of all estate planning documents. There are several reasons for doing this and issues to be addressed.

1. Nonprobate assets. Non probate assets are assets that pass outside of a will. There are many different assets that are considered non-probate. Life insurance is one such asset. Life insurance, depending upon the type, may be governed by Texas law or federal law. Generally, under Texas law, an ex-spouse cannot receive the payout as a beneficiary of a life insurance policy if the designation was made prior to divorce. If the ex-spouse was the only designated beneficiary, this can complicate the payout process. Additionally, there are exceptions to this rule that can have surprising results. For example, if a life insurance policy falls under ERISA-based federal law, the beneficiary designation is strictly observed, even if that beneficiary is an ex-spouse.

   Continue Reading ››

 Posted on June 06, 2018 in Divorce

One of the sunny sides to divorce is that an older, more mature version of yourself gets the chance to plan out your new future. Whether you are just beginning the process or you have come through the other side, your will and estate plan should reflect your new direction.

If you do not have a will, you are not alone. A recent survey shows more than half of American adults do not have a valid will. Either way, divorce provides you an opportunity to review and update your existing will, or establish a new one.

What to Include in a Post-Divorce Will

• Property. You will need to determine who receives your property. This is your fresh start. Dividing property can be problematic, however. If you have more than one child, what happens if one wants to sell and the other does not? An experienced estate planning attorney can walk you through a wide variety of options to help you in making informed decisions about your future.

Continue Reading ››

 Posted on March 01, 2018 in Bankruptcy

It’s Time to Bite the Bullet and Talk About Bitcoin

Users of cryptocurrency payment systems like Bitcoin hail it as an efficient way of sending digital cash.

And while they may see it is as convenient cryptocash poses unique challenges when it comes to estate planning and has probate courts entering into unchartered territory.

What exactly happens to cryptocash when you die?

Here is why cryptocurrency systems such as Bitcoin have yet to win over some estate planning attorneys.

Where oh Where did They go?

One father knows what happens to Bitcoins all too well after losing his son, a Bitcoin holder, five years ago.

In order to administer his son’s assets he needs to gain access to his cryptocurrency stash.

The father knew that his son was a Bitcoin holder when he passed. But even after three years he still doesn’t know how many coins his son had and if they’re even worth anything.

Continue Reading ››

 Posted on December 11, 2017 in Bankruptcy

A number of people struggling financially take steps toward improving their lives at the start of the new year. This can involve divorce, bankruptcy, or both. While no one looks forward to bankruptcy or divorce, the result of these difficult processes can be extremely beneficial in the long-term.

Most people choose to wait until after the holidays to file for bankruptcy and divorce. In January, there is typically an influx of divorce cases. January has become known as "divorce month" for this reason.

When Bankruptcy and Divorce are Appropriate

When is bankruptcy right after divorce? Three common reasons are below:

• Financial struggles are a reason for the divorce. Financial arguments are a leading cause of divorce. Financial goals and spending habits are important. Major differences can lead to irreconcilable arguments, as well as overwhelming debt. Filing for bankruptcy after divorce can be a way out.

Continue Reading ››

 Posted on October 10, 2017 in Child Support

If you are divorced or have been through a custody case, you likely have a schedule in your final order that dictates when you can see your kids during the holiday season. In Texas, standard possession time over Christmas break says that one parent has possession of the children from the time school dismisses for Christmas break until Dec. 28 at noon, and the other parent has possession from Dec. 28 at noon until school is back in session after Christmas break. The parents alternate the two time periods each year.

This means that the children have to spend each Christmas without seeing one of their parents. That doesn’t work well for children or parents!

At Powell Law Offices, P.C., we think through these challenges to come up with creative holiday schedules – i.e. we typically treat Christmas Eve and Christmas Day on their own, and split both days between parents, so no child has to endure a Christmas of not seeing one parent. We also do the same for Thanksgiving, and any other holiday necessary.

Continue Reading ››

 Posted on July 28, 2016 in Divorce

In some divorce cases, you might be entitled to a reimbursement if you or your spouse have a separate estate in addition to the community estate (the property you have in common in the marriage). If, for example, you spent capital from your separate estate towards your spouse’s separate estate or the community estate, you are owed restitution for the funds you spent. The reimbursement would be dollar-for-dollar if you contributed to your spouse’s estate from your own private estate and would be fifty percent if you contributed from your private estate to the community estate.

Here are some examples of instances in which you might qualify for a reimbursement:

• If you’ve made payments from your separate estate or the community estate towards debt your spouse acquired before the marriage. Ex: money from the community estate goes to pay for a home and mortgage your spouse acquired before the marriage.
• If you’ve made payments from your separate estate or the community estate towards debt on property secured by your spouse during the marriage by gift or inheritance. Ex: your spouse inherits a home with a mortgage and you contribute by paying from your separate estate.

Continue Reading ››

 Posted on June 08, 2016 in Divorce

Certainly nobody expects to get divorced. Most likely you didn’t, and perhaps now you’re faced with a series of questions. Maybe you’re wondering about your property rights; it can be difficult to determine which party has rights to the house and home you shared with your family. You could be questioning what legal steps you should be making, if seeking mediation is right for you. If you and your spouse have children, you probably want to come up with an arrangement to provide the best, most loving situation for your family.

We understand. These are not insignificant issues, and let us say that we are completely sympathetic that you’ve now found yourself at a difficult crossroads of decision.

Going through a divorce, custody agreement, or other family law issue can be a time of fraught, complex emotions. We at Powell Law Offices recognize that our primary job is to determine the best course of action for our clients during such turbulent times. Attorney Lauren Powell and Attorney Suma Ruth are ready to service clients with empathy, clarity, and industry. Clients have remarked on their kindness and humanity while at the same time admiring their efficiency and drive.

Continue Reading ››

 Posted on April 13, 2016 in Divorce

Social media websites like Twitter and Facebook are woven deeply into many of our lives, it’s easy to forget that the things we’ve posted could come back and negatively affect us later on. Many divorcing couples fail to realize just how much is at stake when they post online. We’ve compiled a list of social media guidelines to follow during your divorce.

1. Check Your Privacy Settings: Many people don’t realize they have the ability to alter their privacy settings on Facebook or Twitter. Twitter’s privacy settings are not as in-depth as Facebook’s; they give you the option to either protect or unprotect your tweets. If your tweets are unprotected, they’re completely public and anyone is able to read them, if they are protected, only people you approve can see them. On Facebook, users have the ability to restrict access to specific photo albums, or even groups of people. If you’re going through a divorce, you may want to filter through your friends list and create specific groups for people you want to restrict access to your profile. While there isn’t current legislation that determines how Facebook posts are handled as evidence in the court of law, previous cases have cited the Stored Communications Act as a reference for only allowing public posts be presented in court as evidence.

   Continue Reading ››

 Posted on October 08, 2015 in Bankruptcy

In honor of Domestic Violence Awareness Month, Powell Law Offices, P.C. is proud to announce that Attorney Suma Ananthaswamy is speaking on a Women’s Domestic Violence Panel at the Dallas Regional Chamber of Commerce on October 14, 2015 from 5:30 p.m. to 7:30 p.m. We invite you to register and attend this informative event! Also, please pass this along to anyone you think may be interested or may need help.

Continue Reading ››

 Posted on August 13, 2015 in Divorce

Although the legal rights and responsibilities that a parent owes to a child is called child custody in many states, it is known as conservatorship in Texas. Parents are custodians, and the custodian of a child is known as the conservator. Unless both parents agree on a plan of custody, a family law court makes the final decision on the terms of the conservatorship.

Like join and sole custody, there are two types of conservatorship in Texas: Joint Managing Conservatorship (JMC) and Sole Managing Conservatorship (SMC). In either case, the conservatorship agreement outlines the rights that each parent has as custodian of the child. A judge decides on the nature of the conservatorship based on all kinds of factors.

Factors influencing the judge’s decision include the following:

• Parents with a history of family violence or neglect
• Parents with a history of drugs/alcohol abuse or criminal activity
• Parents have been absent in a child’s life

Continue Reading ››