Family Domestic Violence Increases Amid the Coronavirus Outbreak! At Risk? Get Help!
Forty-two states, Washington, DC, Guam, and Puerto Rico have issued stay-at-home orders, encouraging isolation to curb the spread of the coronavirus. About 95% of America’s population (306 million people) are now under a mandatory form of lock down. As lock down quarantines are going into effect all around the world, “Intimate Terrorism”, a new term used by experts for Domestic Violence, is flourishing!
People are now practicing more social isolation within their homes with their families. If there is a domestic abuser living in the home, with the sense of losing control and powerlessness over the pandemic, the victims are at a very serious risk of domestic violence. This abuse predator will use the Coronavirus outbreak as a reason to make leaving the home impossible for everyone. The family will be under the control of the abuser and with the children now out of school, abuse to all family members could be shared and witnessed by the children.
Many victims usually try to seek help from outside services when the abuser is at work or not at the home, but with the enforced Stay-at-home restrictions, many domestic violence victims are now constantly in contact with their abuser. Another situation is the fear of the victim in meeting someone who has been exposed or has the coronavirus when getting medical care for injury experienced during domestic violence abuse.
If you, a family member, or friend is experiencing a Domestic Violence Situation during this Stay-At- Home Quarantine, please call the following emergency numbers for help in the Dallas-Ft. Worth Area:
Need Help in Dallas County? Please contact “Dallas Domestic Violence Task Force”: https://dallascityhall.com/government/citycouncil/district13/dvtf/Pages/default.aspx
Need Help in Collin County? https://www.plano.gov/896/Helpful-Links-Resources
Need Help in Denton County? https://dentoncounty.gov/Departments/District-Attorney/Divisions/Victims-Assistance-Division.aspx
Need Help in Tarrant County? https://access.tarrantcounty.com/en/sheriff/operations-bureau/criminal-investigations/victim-assistance.html
If you or someone you know is experiencing domestic violence, you can call the National Domestic Violence Hotline Immediately at 1-800-799-SAFE (7233)
Nacol Law Firm P.C.
Dallas, Texas 75231
(972) 690-3333
Coronavirus Pandemic Co-Parenting: Time to Mutually Agree to Save and Protect Your Children!
Dealing with a worldwide medical pandemic and personally trying to stay alive and healthy is mentally changeling, but for parents who are divorced or have separate custody agreements and co- parent, it can be a disaster for the entire family. Hopefully, this Coronavirus Pandemic will be a short-lived life-threatening situation, but how the Co-parents cope with the problem could deeply impact their children’s emotional life.
In Texas, on March 13, 2020, the Texas Supreme Court issued an emergency order that divorced /single parents should go by the originally published school and visitation schedule in their current decree. Since the last life-threatening pandemic in the United State was the Spanish Flu Pandemic of 1918, most divorce/ single parent agreements do not include a pandemic clause!
Do not be one of those parents who decides that they “are the decision maker” and drives away with the kids for an extended vacation to Grandma’s in Florida without telling the other parent. Or deciding that the family circle of trust does not include their Other Parent and refuses visitation or joint decision making. These hasty, irrational decisions may seem reasonable in this time of national panic but consider the legal ramifications of violating an order. Since all courts, in Texas, are now closed except for emergency litigation matters only, when the courts are fully operational again and the medical danger has passed, how will a violation of your current decree look to the Judge? Judges always look to the needs of the child versus the unreasonable expectations of the parent. There will be serious ramifications against the violating parent.
Let’s look at some ideas on how co-parenting during this pandemic season can work the best for all family members and by joint agreement will save your both money that would normally go to legal fees.
Just remember that as co-parents your children are most important. Your child has been told that they can’t see their grandparents because of their age and if infected by the coronavirus, may die. No school, no playing of sports, or playing with friends since they may be infected with a deadly virus and become very ill. Decide to cooperate as responsible co-parents to navigate the child to the new changes in their daily routines without a lot of stress and anxiety on the child. By keeping the child calm and showing “a united family circle” the child will know that Mom and Dad are there for him/her.
Some areas of agreement should be that the child will have regular email, phone calls, FaceTime, Zoom visits, and texting with the other parent. The child needs to know that both parents are safe and interested in their wellbeing. Regular visitations times must be made available for the child to see each parent. Remember the child’s core circle of trust are his/her parents and siblings.
Another very serious matter is the decision of what will happen to the child if one parent becomes ill and cannot care for the child. The joint decision must be made by both parents and must ultimately be in the best interest for the child.
Custody disputes and circumstances that have totally changed in the last month. Just remember, co-parent cooperation is the best choice. There is no doubt that judges will be happy to hear that parents have worked together to meet their child’s best interest, by taking steps to protect the child’s health and safety.
This is a time for mutual give and take from both parents. No one is always right nor always wrong. In this upside crazy pandemic world, jointly trying to navigate your family to a better place will have its own rewards.
If, however, one parent unilaterally refuses to make fair agreements for the children or violates your custody orders, avoid retaliation and follow your decree orders faithfully. This Pandemic will pass, and most Judges will not treat lightly intense misconduct when the courts reopen.
Mark A. Nacol
The Nacol Law Firm P.C.
Dallas, Texas
(972) 690-3333
Click to open Copy of Texas Supreme Court Emergency Order on Child Custody Schedules during Coronavirus Pandemic. (pdf)
Coronavirus and Our Commitment to Our Clients, Our Staff and Our Community
The Nacol Law Firm P.C. is committed to maintaining a safe and healthy workplace for our clients, staff and the community we serve. We have been closely monitoring the ongoing COVID-19 coronavirus outbreak according to the guidelines and recommendations of the CDC (Centers for Disease Control and Prevention).
We want to assure all of our clients that The Nacol Law Firm P.C. is open and we are available to you for your needs. We want to share with you the actions we are taking to help protect our clients, staff and the community we serve.
Our staff has been trained to follow the public health authorities’ guidance regarding hygiene and personal travel, and we’ve reinforced our existing policy for staff who exhibit flu-like symptoms to stay home and to consult with a medical professional. We are also advising our visitors to make responsible decisions about meeting with us in person if they feel symptomatic.
Although our office is open during regular business hours and we are using extra precautions in regards to the virus, if you prefer to schedule a meeting or consultation by conference call, we are happy to accommodate that request. We encourage everyone to stay calm, practice good hygiene, and limit exposure to crowds and we will all get through this together.
Mark A. Nacol
Julian M. Nacol
Nacol Law Firm PC
Tel: 972-690-3333
The Requirements of a Holographic Will in Texas
To properly provide for your family after your death a Holographic Will is a limited option that ensures your hard earned estate passes by your wishes and not by Intestate succession. A Holographic Will in Texas requires the following elements:
- The Will must be in writing.
- The Will must be entirely in the Testator’s hand.
- The Will must be signed by the Testator.
- The Will must have Testamentary Disposition (specifically states who gets what).
- The Will must have Testamentary Nature (intent to make a gift at death which is irrevocable after death).
Though unadvisable, this is one way to leave your property go to whom you want upon death. Holographic Will can be tricky, and if it is not done properly the entire estate could pass Intestate, which means the State and not you decide where you property goes after your death.
The Holographic Will must be in the complete handwriting of the testator (person who is making the Will). Texas follows the Rule of Surplusage: this states that any part of the Holographic Will that is not in the testator’s handwriting will be ignored completely and stricken from the Will. Word such as “bequeath, I devise, I give” must be in the testator’s handwriting to show both (1) the testamentary disposition and (2) the testamentary nature/intent.
Texas only allows Holographic Wills to be valid if the entire Will is in the testator’s handwriting and the Will must be signed by him/her. The “signing” can be an X or some identifying mark given from the testator and does not have to be his specific name if illiteracy is involved. If an individual wishes to draw an X because of his/her illiteracy or weakness, it still may be valid in probate.
A Holographic Will is an easy way to ensure your possessions are given to the right people, your estate is divided equally among your surviving children, or all of your property goes directly to your spouse. Holographic Wills can be written on anything and still be probated in court if the author follows all of the guidelines in the Texas Statute 251.052 in the Estate Code.
To fulfill a Holographic Will the testator must describe the property he wishes to give, then describe the person or persons the testator wishes to receive the property. The testator must sign his name or other identification marker at the end of the handwritten Will. It is safe to date the Holographic Will as well to give more evidence of its truthfulness. Additionally, the Holographic Will does not have to be attested to by two witnesses such as in the case of another Will.
A Holographic Will may ensure your property is given by your command and not the State’s, but if not proposed and executed correctly, the whole Will may not be invalid. It is wise to contact an experienced attorney and have proposed a standard typed and witnessed Will with a self-proving Affidavit that ensures your estate is divided and given according to your wishes. It is not wise to take the cheap path when planning your estate, but if you have no other choice a Holographic Will should be looked at as a last resort to ensure your possessions reach the destination you wish. For large to moderate estates a more prudent course of action to ensure your intent is served is to create a revocable trust or a self-proving affidavit attached to a formal Will.
These methods, if done correctly, will ensure that no interested party can contest your Will during probate as a proper Will is more iron clad than a Holographic Will. A Holographic Will should only be used as a last option by the testator to cause his property to pass according to the author’s intent and specific wishes.
Texas Divorce Financial Checklist
Preparing for a Texas Divorce: Assets
Going through a Divorce is painful no matter what the circumstances. Before you get into the Texas Divorce Process, reduce expense, stress and conflict by making sure you are financially prepared. Planning ahead helps you in making sound decisions, start preparing for post-divorce life, and avoid many post-divorce pitfalls. Below is a list of items you need to gather before counseling with an attorney. Financial Documents are a must to show what your true assets and liabilities are in the marriage.
Documents:
- Tax Returns (at least three years) or Tax Liens and all IRS related documents
- Wills and Trusts with all attachments reflecting corpus and trust holdings
- Listing of all liabilities (including mortgages, credit card debt, personal loans, automobile loans, etc.):
- Name of entity, address and telephone number
- Account number
- Amount owed
- Monthly payment
- Property securing payment (if any)
- Most current statements and account status of lenders
- A Listing of all Real Property, address and location, including (includes time-shares and vacation properties):
- Deeds of Trust
- Notes including equity loans and second liens
- Legal Descriptions
- Mortgage Companies and Loan Servicers (Name, Address, Telephone Number, Account Number, Balance of Note, Monthly Payments)
- Current fair market value
- Appraisals
- Motor Vehicles (including mobile homes, boats, trailers, motorcycles, recreational vehicles; exclude company owned):
- Year
- Make
- Model
- Value
- Name on title
- VIN Number
- Fair Market Value
- Name of creditor (if any), address and telephone
- Persons listed on debt
- Account number
- Balance of any loan and monthly payment
- Net Equity in vehicle
- Cash and accounts with financial institutions (checking, savings, commercial bank accounts, credit union funds, IRA’s, CD’s, 401K’s, pension plans and any other form of retirement accounts):
- Name of institution, address and telephone number
- Amount in institution on date of marriage
- Amount in institution currently
- Account Number
- Names on Account
- Company loans and documents related to benefits
- A listing of separate property (property owned prior to marriage, family heir looms, property gifted, inherited property):
- Records that trace your separate property. These assets will remain yours if properly documented
- Retirement Benefits:
- Exact name of plan
- Address of plan administrator
- Employer
- Employee
- Starting date of contributions
- Amount currently in account
- Balance of any loan against plan
- Documents
- Publicly traded stock, bonds and other securities (include securities not in a brokerage, mutual fund, or retirement account):
- Number of shares
- Type of securities
- Certificate numbers
- In possession of
- Name of exchange which listed
- Pledged as collateral?
- Date acquired
- Tax basis
- Current market value
- If stock (date option granted, number of shares and value per share)
- Stock options plans and related documents
- Insurance and Annuities Policies and Inventory:
- Name of insurance company
- Policy Number
- Insured
- Type of insurance (whole/term/universal)
- Amount of monthly premiums
- Date of Issue
- Face amount
- Cash surrender value
- Current surrender value
- Designated beneficiary
- Other policies and amendments
- Closely held business interests:
- Name of business
- Address
- Type of business
- % of ownership
- Number of shares owned if applicable
- Value of shares
- Balance of accounts receivables
- Cash flow reports
- Balance of liabilities
- List of company assets
- Possible hobbies or side businesses that generate income
- Mineral Interests (include any property in which you own the mineral estate, separate and apart from the surface estate, such as oil and gas leases; also include royalty interests, work interests, and producing and non-producing oil and gas wells:
- Name of mineral interest
- Type of interest
- County of location
- Legal description
- Name of producer/operator
- Current market value
- needs leases or production documents related to the asset
- Money owed by spouse (including any expected federal or state income tax refund but not including receivables connected with any business)
- Household furniture, furnishings and Fixtures
- photos
- purchase documents
- Electronics and computers including software and hard drive
- Antiques, artwork and collectibles (including works of art, paintings, tapestry, rugs, crystal, coin or stamp collections) Other large collections need to be appraised! (Guns, quilts, action figures, books)
- Miscellaneous sporting goods and firearms
- Jewelry including appraisals
- Animals and livestock
- Farming equipment
- Club Memberships
- Safe deposit box items
- Burial plots including documents of ownership
- Items in any storage facility
- Travel Awards Benefits (including frequent flyer miles)
NACOL LAW FIRM P.C.
8144 Walnut Hill Lane
Suite 1190
Dallas, Texas 75231
972-690-3333
Office Hours
Monday – Thursday, 8am – 5pm
Friday, 8:30am – 5pm
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Attorney Mark A. Nacol is board certified in Civil Trial Law by the Texas Board of Legal Specialization
