Why You Should Update Your Will After a Divorce in Texas
Brent McMullen Brent McMullen

Why You Should Update Your Will After a Divorce in Texas

Divorce changes more than your relationship—it changes your legal and financial life. In Texas, your ex is removed from your will by law, but beneficiary designations and powers of attorney are not. That means your ex could still inherit life insurance, retirement accounts, or make medical and financial decisions for you.

Update your estate plan to:

  • Remove your ex from all roles and accounts

  • Reflect your new assets and priorities

  • Protect your children with clear guardianship plans

  • Prevent costly probate disputes

Don’t leave your legacy to chance. McMullen Law Group helps Texans revise wills after divorce—call today to protect your future.

Read More
Accidentally Married? Understanding Common Law Marriage in Texas
Brent McMullen Brent McMullen

Accidentally Married? Understanding Common Law Marriage in Texas

In Texas, you can’t truly be “accidentally” married unless three things are true: you and your partner agree you are married now (not someday), you live together as spouses, and you tell others you’re married. This is called a common lawor informal marriage under Texas Family Code § 2.401. Miss even one element, and there’s no marriage—no matter how long you’ve lived together. While a signed Declaration of Informal Marriage is strong evidence, courts can still reject it if the legal requirements weren’t met. Bottom line: love can happen unexpectedly, but marriage—common law or otherwise—takes intention.

Read More
Back-to-School Custody Issues in Texas: A Parent’s Legal Guide
Brent McMullen Brent McMullen

Back-to-School Custody Issues in Texas: A Parent’s Legal Guide

When Texas kids head back to school, co-parents often face new challenges—school pickups, homework routines, and extracurriculars can all cause friction if your custody plan isn’t clear.

Know Your Rights:
In Texas, “custody” is called conservatorship. Unless restricted by your court order, both parents usually have the right to school records, attend activities, and communicate with teachers.

Avoid Disputes:
Review your order before the school year. Most joint custody arrangements require both parents to agree on major educational decisions—like which school your child attends or special programs.

If Problems Arise:
Document missed exchanges or disagreements, try resolving them through direct communication or mediation, and seek legal help if necessary. Courts can modify orders or enforce compliance.

Pro Co-Parenting Tips:

·       Share a school calendar

·       Use written communication for clarity

·       Don’t involve kids in disputes

·       Be flexible with activities

Bottom Line:
Preparation and clear communication can make the school year smoother for your child—and your peace of mind. If your current order isn’t working, talk to a Texas family law attorney early.

Read More
Wills vs. Trusts in Texas: Which Is Right for You?
Brent McMullen Brent McMullen

Wills vs. Trusts in Texas: Which Is Right for You?

If you’re planning your estate in Texas, one of the first questions you may ask is: Do I need a will or a trust?
Both are important tools, but they work very differently.

What Is a Will?

A will (last will and testament) states who inherits your property after you die and can name guardians for minor children.

  • Pros: Simple to create, less expensive, names guardians for children.

  • Cons: Must go through probate (public, can take months), no ongoing control after assets are distributed, easier to contest.

What Is a Trust?

A trust is a legal arrangement where a trustee manages assets for your beneficiaries. In Texas, revocable living trusts are the most common.

  • Pros: Avoids or reduces probate, keeps affairs private, allows conditions for inheritance, offers protection for minors, blended families, or special needs heirs, manages assets if you’re incapacitated.

  • Cons: Costs more upfront, requires funding (retitling assets), needs maintenance.

Quick Comparison

FeatureWillTrustTakes EffectAfter deathDuring life & after deathProbateRequiredOften avoidedPrivacyPublic recordPrivateCost to Set UpLowerHigherControl Over AssetsLump sumOngoing or conditionalIncapacity ProtectionNoYes

Which Is Right for You?

Choose a will if you:

  • Have a modest estate

  • Mainly need to name guardians for children

  • Want a simple, low-cost plan

Choose a trust if you:

  • Want to avoid probate

  • Value privacy

  • Have a complex estate or blended family

  • Want to protect assets or set inheritance conditions

Many Texans use both—a will for guardianship and “catch-all” purposes, and a trust for major assets.

Talk to a Tarrant County Estate Planning Attorney

At McMullen Law Group, we help Texans design estate plans that protect assets, avoid probate, and provide for loved ones.
📞 Call us today or visit our website to schedule your consultation.

Read More
How Much Can I Expect to Receive in Child Support in Texas?
Brent McMullen Brent McMullen

How Much Can I Expect to Receive in Child Support in Texas?

Short answer: It depends.

Texas has child support guidelines that suggest:

  • 1 child: 20% of the paying parent’s net monthly income

  • 2 children: 25%

  • 3 children: 30%

  • (…and so on)

But these are just guidelines.
A judge can order more or less based on the circumstances.

What Can Change the Amount?

  • Child’s needs (more than bare necessities, but not a luxury lifestyle)

  • Both parents’ resources

  • How much time each parent spends with the child

  • Child care or medical expenses

  • Custody of other children

  • If a parent is underemployed on purpose

Examples

  • Less than guidelines: Parents have successfully shared all expenses without financial problems (Dennis v. Smith).

  • More than guidelines: Parent is capable of earning more but chooses not to (Iliff v. Iliff).

Read More
Uncontested Divorce
Brent McMullen Brent McMullen

Uncontested Divorce

Uncontested Divorce: When a marriage comes to an end, the different paths and process you can go down can often make you feel overwhelmed and emotionally drained. Uncontested Divorces are a streamline option available to couples seeking a more amicable and efficient way to end their marriages.

Read More
Grandparent’s Rights
Lindsey McMullen Lindsey McMullen

Grandparent’s Rights

Grandparents do not automatically have the same rights as parents in custody disputes. However, grandparents can obtain standing in a custody battle so long as it is in the best interest of the child to do so. Texas law gives grandparents an opportunity provide stability and care for their grandchildren, particularly in cases where the child’s parents are unable or unwilling to fulfill their responsibilities.

Read More
How to Prepare for A Custody Battle in Texas
Lindsey McMullen Lindsey McMullen

How to Prepare for A Custody Battle in Texas

A custody battle is one of the most challenging experience for a parent, as it has legal and emotional complexities that fall outside of your control. Preparation is essential, and helping put you in a position to effectively navigate the challenge ahead. During a Custody Battle there will be highs and lows, you will range the emotional gambit before stepping foot before the Judge. The best advice for you to get prepared for the battle ahead is to understand the process, put a game plan in place, and have a team to support you on that process.

Read More