Skip to content

Blog

The Differences Between a Trust and a Will

    You may have used or heard of the words “will” and “trust.” Some people believe they are interchangeable, but that is not the case. On the surface, these two documents may be very similar, but they have several differences. A will is used to distribute any property you have after your death. A trust is when a trustee signs over property to another known as beneficiary.

    Trusts can start once it is completed, upon a person’s death, or after. A will takes effect after the person has died. There are other significant differences between a will or trust. The Fetty Firm specializes in both of these documents. If you are interested in setting up either, get in touch with the firm today. Rashelle Fetty is the owner and sole attorney at the firm. She can help you decide which document is best.

    Major Differences of these Documents

    will and trust

    A will and trust are not the same thing.

    One major difference between the documents is a will only distributes the property under your name. If you have any property that is owned jointly, that will not be distributed. When it comes to a trust, the property must be in the name of the trust to be distributed. Another major difference is that wills go through probate. Probate is when a will goes through court to prove its authenticity.

    If there is no will when a person dies, then the court can distribute the property how they like. Wills are not private records since they go through probate. Trusts bypass probate and are remained private. Additionally, trusts are capable of planning for disability or saving for taxes. It cannot specify a specific person or funeral arrangements.

    Wills and trusts have their advantages and disadvantages. It is important families know the differences and determine which document is best for them. The Fetty Firm can help clients find the right document for their future. There is a wide range of reasons to choose one over the other. Let Rashelle Fetty help you make that difficult decision.

    Choose the Right Document

    Get in touch with The Fetty Firm today. You can reach our firm by calling (214) 546-5746. Clients should also visit our pages about wills and trusts. They provide important information that may help you decide which document is better.

    The Adoption Process

      The adoption process is lengthy and complicated. However, there is a way to maneuver the steps in a simple way. The Fetty Firm has experience working with future parents to adopt a child. Adoption has numerous benefits for the child and parents. Rashelle Fetty is an experienced family attorney who can help you reap the benefits of adopting a child.

      Furthermore, the adoption process is not simple. It requires the right kind of maneuvering to be successful. A simple mistake can set up back or stop the adoption process outright. So, get in touch with The Fetty Firm before you stop the process.

      Adoption Steps

      Colleyville TX Family Law

      The Fetty Firm can help you adopt the child of your dreams.

      The first step you need to take for adoption is to choose which program is best for your family. There are various adoption programs to choose from, and not all of them fit a family’s life. It is also important to decide if adoption is the right choice for your family. There are a lot of things that go into this one action. Consider everything while making this decision. The Fetty Firm can certainly help you analyze specific areas you may feel concerned about.

      During this process, you can also choose an adoption professional. Fetty is the best choice when it comes to an adoption professional. She will help you traverse the steps needed for the adoption process. Parents will then need to become an active waiting family or create an adoption plan. This process varies on the program you have chosen. It may involve home studies or adoption profiles.

      Next, parents will need to find an adoption opportunity. Parents will need to seek a child in which they can adopt, which can be found in a number of ways. Children’s agencies are one way you can find the child you want to adopt. Once you have found the child you wish to adopt, they will be placed in your home. Now, there is paperwork through this process, and the process is not over.

      After the child is placed, there will be some form of contact with an adoption professional and an agency. This contact is to check up on the child simply.

      The Fetty Firm Has an Adoption Professional

      Get in touch with The Fetty Firm today. Future parents will find that Rashelle Fetty is experienced with the adoption process. She will help you get through this long process. Get in touch with her by calling (214) 546-5746. Of course, future parents can also find more information on The Fetty Firm adoption page.

      Why You Should Adopt a Child

        Deciding to adopt a child is an extremely big decision and a long process. The Fetty Firm can help future parents traverse the complicated adoption process. Rashelle Fetty has great experience in family court, which makes her the perfect lawyer for the job. Fetty has received various recognitions, such as her 2020 Texas Rising Star award.

        Adopting may be challenging, but it is also very rewarding. There are numerous benefits to adopting a child rather than having your own. Adoption of a child benefits three parties: the birth parents, the child, and the adopting parents. These three parties all benefit from such an action and should be recognized.

        Benefits of Adopting

        There are a number of reasons a mother may put her child up for adoption. Regardless of the reason, the adoption helps her achieve potential goals she may have and reduces certain probabilities that may occur. For example, a mother may choose adoption for their child if they wish to finish school. Additionally, the mother is also more likely to obtain a job after the baby is born.

        Adoption

        Adoption is a lengthy and complicated process. The Fetty Firm can help future parents.

        So, the mother or adopted child helps out a lot. It also helps the child who is the most important party in the action. The child will have a stable home and parents to go to. They will not be left without guidance as they grow up. Numerous studies also reveal that adopted children have greater health, more attention, more adjusted, and more involved in aspects of their life. These stats show us that adoption is a very beneficial action for parents wanting a child.

        Finally, the adopted parents benefit from adopting because they are getting the child they have always wanted. They will be able to provide support for a child that would not have had it before. Adopting is so important because the foster care system is full of children looking for homes. Adoption is always an option, but the process can be hard to maneuver.

        Call the Fetty Firm for Adoption Services

        The Fetty Firm will help your dreams come true. The adoption process is not easy, and the smallest mistake can set you back. Give the firm a call today by calling (214) 546-5746. Future parents can also visit the firm’s adoption page to find out more about the process.

        Legal Assistance with the Adoption Process

          If you’re currently looking for legal assistance during your adoption process, you should definitely check out the law services offered at The Fetty Firm, PC. As a family law firm, we’ve helped countless clients as they aim to grow their family through the adoption process.

          The adoption process is a beautiful avenue towards forming a family. Aside from adding to your family, the adoption process also helps children as they allow them to grow and thrive in a loving environment. Adoption, however, is a very complex and sometimes very lengthy process.

          Legal Assistance with the Adoption Process

          Legal Assistance with the Adoption Process

          Generally speaking, when going through the adoption process, the best bet for prospective parents is to turn to an experienced attorney when it comes to adoption and parental rights. By doing so, prospective parents will attain the services of an attorney that can help protect their rights while also guiding them towards a successful resolution.

          The Fetty Firm’s sole attorney, Rashelle Fetty, is truly dedicated to helping clients find the best path towards a successful adoption process. With vast experience in adoption and parental rights, Rashelle is fully capable of helping clients through the entire process. Thanks to her extensive knowledge of adoption laws in the state of Texas, Rashelle Fetty if capable of helping clients in and around Tarrant County with:

          • Stepparent adoption
          • Private adoption
          • International adoption
          • Termination of parental rights
          • Unplanned pregnancies
          • Infant or older child adoptions
          • Special needs adoptions

          Overview of Adoption in Texas

          Experienced Texas Law Attorney

          Family Law Firm in Texas

          Prospective parents looking to adopt in the state of Texas must be at least 21 years of age. Additionally, prospective parents must be financially stable and must house a stable living environment. Furthermore, adoptive households are subject to a thorough home study. Prospective parents will go through a home inspection, background check on the couple, and adults in the home. While also going through financial screening and a thorough evaluation of parenting skills and other aspects of life. Rashelle Fetty and The Fetty Firm are able to help clients with the following scenarios:

          • If you’re looking to establish parental rights from a previous relationship
          • Grandparent/s who aim to adopt their grandchildren
          • Adopting a child through either a domestic or an international agency
          • If you want to provide a child from a relative with a comfortable, stable living environment
          • Young couples who experience an unplanned pregnancy.

          Overall, The Fetty Firm can help with domestic, international, and private adoption processes in addition to assisting with parental rights cases. If you’re about to go forward with your adoption process, you should definitely look into acquiring the services of a family law attorney with vast experience. Contact Rashelle Fetty and The Fetty Firm today to learn more about our services. You can reach us by calling (214) 546-5746 or visiting our website for more about our family law services.

          Texas Estate Planning

            Generally speaking, everyone should take care of basic estate planning. In other words, everyone should make sure that their wishes followed through after their death. By doing so, your family can be spared from unnecessary expenses and delays. Additionally, you’ll have someone you trust in charge of important matters in the instance that you are unable to do so yourself.

            Adults in the state of Texas should have the following estate planning documents:

            • A will, to leave assets and also to name your executor
            • A durable power of attorney for finances, which names a designated person to manage your finances in instances where it’s necessary
            • The living will, (In the state Texas, this is called a Directive to Physicians and Family or Surrogates or an advanced directive), this document spells out your end-of-life wishes
            • Medical Power of Attorney, a document that names someone to ensure your health care wishes are carried through
            Texas Estate Planning

            Texas Estate Planning

            Residents of Texas should also look into probate-avoidance. While Texas’ probate is better than other states in terms of simplicity, people tend to prefer to avoid probate court proceedings altogether. The reason for this is that avoiding probate saves families money and hassle. In order to avoid probate, you’ll need to plan ahead of time. Alternatively, your family may be subject to a probate court proceeding. This court proceeding will give families the authority to transfer your assets to those who inherit them. Methods such as a living trust can help avoid probate.

            Experienced Estate Planning Attorney

            Experienced Texas Law Attorney

            Family Law Firm in Texas

            Rashelle Fetty, The Fetty Firm’s sole attorney, has over ten years in the legal sector. This experience proves greatly valuable when providing individualized services to her clients. After all, you need to create an estate plan that fits you and your unique circumstances. If you haven’t taken care of your estate planning yet, the time to do so is now. The Fetty Firm can provide assistance with:

            • Advanced Directives/Living Will
            • HIPAA Forms
            • Trusts
            • Designation of Guardian
            • Powers of Attorney
            • Wills

            Contact us today by calling (214) 546-5746 or visiting our website to learn more about our estate planning services.

            Texas Child Support Laws

              In the state of Texas, a person who is in the obligation of paying child support is called the “obligor.” On the other side of the spectrum, the “obligee” is the person that is entitled to receive child support. In most cases, the obligee is the person with primary custody of the child. The child usually resides with the obligee, while their expenses are also covered by the obligee.

              The obligor is usually the person that doesn’t have primary possession of the children. Furthermore, the obligor may or may not have custody or even access to the children. Oftentimes, the term used to refer to child support issues is “guidelines.” This term is used to refer to the guidelines that are set forth in the state of Texas. Additionally, these guidelines are set for courts to use during the calculation process of the amount of child support owed.

              Child Support Duration in Texas

              "<yoastmark

              Texas law states that the court “may order either or both parents to support a child” until the following scenarios:

              • The child turns 18 years old
              • The child graduates from high school (Whichever one comes later)
              • If the child is emancipated by marriage
              • If the child’s disabilities are removed
              • Or if the child dies

              However, if the courts deem that the child is disabled (either physically or mentally), the child may be eligible to receive support indefinitely.

              Child Support Calculation

              Law firm for family law cases

              Legal assistance for family law and estate planning

              When calculating child support, the state’s child support guidelines may be applied. These guidelines set a basic minimum amount for child support, but the courts can and will, at times deviate from these guidelines. There are numerous factors to take into account when calculating the amount of child support. Guidelines are applied at a net monthly income. After the determination of net monthly income, the courts can apply one of two standards:

              • The first of these standards apply if an obligor’s net income falls under than $7,500.00
              • The second standard is applied in the instance that the net monthly income is greater than $7,000.00

              Obviously, there are many more things to look over, and this is only an overview of child support. If you wish to learn more about our child support services, you should definitely contact The Fetty Firm, PC. You can contact us by calling (214) 546-5746. Additionally, you can always visit our website to learn more about child support in Texas.

              Spousal Support in the State of Texas

                In Texas, spousal support is not part of a division of marital property or child support. A spouse temporarily pays from future income in order to support their ex-spouse after a divorce. Temporary spousal support refers to when the money is paid prior to the finalization of the divorce.

                Spousal support is a court-ordered alimony payment. Furthermore, courts determine the amount of spousal support based on available evidence and in the hope of making a fair decision for all parties involved. If you are currently seeking spousal support or you’re paying support, you should definitely acquire the services of a knowledgable Colleyville divorce lawyer and family law attorney to represent you. Rashelle Fetty and The Fetty Firm are ready to represent you in court and to find the best legal resolution for you.

                Spousal Support in the State of Texas

                Spousal Support in the State of Texas

                Qualifications for Spousal Support in Texas

                Courts can assign spousal support payments in instances when the petitioning spouse lacks enough money or assets for basic needs in addition to one of the following circumstances:

                • If a spouse is convicted of an act of family violence against the other spouse or the shared child while married. If the incident occurred during the divorce proceedings or within two years of filing for divorce
                • Family law services

                  Top-Rated Family Law Attorney

                  When the petitioning spouse can’t earn enough income needed for essential needs and the marriage lasted longer than ten years

                • If the petitioning spouse has custody of a child from the marriage. The child requires special care for mental or physical disability. In this instance, the petitioning cannot cover all expenses

                You should note that this is simply an overview of spousal support in the state of Texas. For more detailed information on spousal support in Texas, contact Rashelle Fetty and The Fetty Firm at your earliest convenience. You can reach us by calling (214) 546-5746. Moreover, you can learn more about spousal support by visiting our website.

                Divorce Laws in the State of Texas

                  Regardless of the couple, sometimes things just don’t work out. While everyone wishes to have a marriage that lasts forever, the truth is that many times, a time will come when you and your spouse have to call it quits. When this time comes, there will be a series of legal and financial challenges that’ll come with the divorce process. If you reside in the state of Texas, you’ll have to make sure that you follow the right steps to make sure your divorce proceedings result in the best resolution for you.

                  Eligibility for Divorce

                  To be eligible for divorce in Texas, at least one of the spouses should be a continuous resident of the state for a minimum of six months. Additionally, the divorce must be filed in a specific county within the state. Furthermore, at least one spouse must have been a resident in the county the divorce is filed for at least 90 days.

                  Divorce Laws in the State of Texas

                  Divorce Laws in the State of Texas

                  Grounds for Divorce in Texas

                  In the state of Texas, courts allow no-fault divorces. So a person that is requesting a divorce is not required to present any evidence that points to the other person’s wrongdoing. Courts in the state of Texas do consider fault when it comes to making decisions regarding property division. Legal reasons for fault in divorce include adultery, cruel treatment, abandonment for at least a year, incarceration for more than a year, confinement to a mental hospital for over three years, or estrangement by living separately for at least three years.

                  Process for Divorce

                  In Texas, the process of divorce is pretty straightforward. First, a spouse will file with the court and consequently serves the other spouse with papers. The spouse who files with the court is called the petitioner. The other spouse is called the respondent. The spouse filing has options for obtaining a standard temporary restraining order, which prevents either of the spouses from disappearing assets before the court begins to divide them. Additionally, this order also asks that both parties act in a civil manner towards each other.

                  Colleyville Texas Family Law Attorney Near Me

                  Tarrant County Legal Services

                  Afterward, the respondent is required to file an answer. Then the court will issue rulings on child custody, property division, outstanding debt, and other related matters. At this point, spouses can engage in discovery if they believe that the facts are not all present. At this point, they can also try to settle the case, either alone or with the professional assistance of a lawyer. If the case cannot be settled. The judge will set a trial date. Mediation is legally required for both parties prior to the start of the trial.

                  Once the trial is over, a Final Decree of Divorce is prepared for a judge to sign. This document contains the rulings that the court has made.

                  Keep in mind that this is simply an overview. Want more information regarding divorce cases in Texas? You should contact Rashelle Fetty and The Fetty Firm at your earliest convenience. You can reach us by calling (214) 546-5746. Moreover, you can visit our website for more on divorce cases in Texas.

                  Termination of Parental Rights in Texas

                    There are many issues in the State of Texas when it comes to parental rights. Unplanned pregnancies are not too rare, and a father may discover that he is not the generic father of a child and may decide to stop paying child support. Additionally, sometimes, a parent is simply in no place to have a child. In these situations and others like them, a parent may decide to terminate parental rights to avoid paying child support.

                    These types of issues can happen as individual suits or as part of an adoption hearing. During adoption proceedings, a parent can choose to give up their parental rights or the court orders that the first parent’s rights are terminated. Even if a parent does not voluntarily terminate their parental rights, there might still be grounds for the termination of their parental rights.

                    Termination of Parental Rights in Texas

                    Termination of Parental Rights in Texas

                    Ways to Terminate Parental Rights

                    In Texas, there are two avenues for terminating child support:

                    • Voluntary termination: Refers to the scenario where a parent agrees to the termination. The parent will sign adequate paperwork reflecting the decision, and then will appear in court to testify that he or she is voluntarily giving up the rights to the child. Voluntary termination of parental rights can also also be used for children who are adopted.
                    • Involuntary termination: Parent’s rights are terminated without the parent’s agreement. There are many factors that can result in involuntary termination, such as abandonment, neglect, nonsupport, and no contact with the child.

                    Reasons For Involuntary Termination of Parental Rights

                    Colleyville Texas Family Law Attorney Near Me

                    Tarrant County Legal Services

                    There are numerous types of parental behavior that result in the termination of parental rights. Here are some of the common reasons that can lead to termination of parental rights:

                    • Abuse or neglect
                    • Criminally responsible for the serious injury or death of a child
                    • Parental abandonment
                    • Refusing to support the child properly

                    Please keep in mind that this is simply an overview of parental rights laws in Texas. For more information on the termination of parental rights, contact The Fetty Firm today. Additionally, you can reach Rashelle Fetty and The Ferry Firm by calling (214) 546-5746. Furthermore, visit our website for more information on the termination of parental rights. We look forward to hearing from you. Together, we’ll find a comprehensive resolution to your particular case.

                    HIPAA Authorization Forms

                      A HIPAA Authorization Form protects you in instances where you become incapacitated. When you sign this document, you’re choosing someone to be able to access your medical records. This designated person can make decisions about your care in situations where you are no longer able to make those decisions yourself. Without a HIPAA Authorization Form, the laws on medical record privacy could prevent the person you choose from being able to view your records.

                      HIPAA Forms: What to Know

                      HIPAA Authorization Forms

                      What Does a HIPAA Authorization Form Do?

                      With a HIPAA form, you are able to:

                      • Nominate a trusted person such as a family member, friend, or trustee so they can have access to your health care information. The person you choose is normally the same person you name to be your health care power of attorney. Additionally, the designated person can make medical decisions on your behalf if you are unable to do so yourself.
                      • Your authorization comes into effect once your health care provider receives a written request.
                      • You should note that you are able to recant this form’s authorization at any time. When drafting your HIPAA Authorization document, you’ll document your right to recant as well as stating the revocation procedure.

                        Top-Rated Attorney in Texas

                        Top-Rated Attorney in Texas

                      In addition to the HIPAA authorization form, you should also have a Health Care Power of Attorney. Rashelle Fetty and The Fetty Firm are ready to help you as you work on drafting both of these documents and making sure that they are valid. Overall, estate planning is very complex in several aspects.

                      Rashelle Fetty and The Fetty Firm have vast experience in terms of helping clients draft important documents. In addition to HIPAA forms, we can also help clients draft trusts, wills, living wills, and other important estate planning documents. Contact us at your earliest convenience to learn more about our services. You can reach The Fetty Firm by calling (214) 546-5746. Moreover, you can learn more about HIPAA forms by visiting our website.