Blog2024-06-16T18:17:23+00:00

Dallas Attorney Mark A. Nacol once again awarded prestigious AV Preeminent rating by Martindale-Hubbell in the annual Peer Review Ratings

DALLAS, TEXAS, March, 19, 2014: The Nacol Law Firm P.C. is pleased to announce that its founder, Attorney Mark A. Nacol, has once again been awarded the prestigious AV Preeminent® rating by Martindale-Hubbell® in the annual Peer Review Ratings™. Criteria used for this rating includes “adherence to professional standards of conduct and ethics, reliability, diligence and other criteria relevant to the discharge of professional responsibilities.”

Recipients are chosen each year by reviewers using a specific practice area list ensuring valid peer review. Rated on on a scale of 4.5 to 5.0 in five key areas, including, legal knowledge, analytical capabilities, judgement, communication ability and legal experience, Mr. Nacol received the highest rating of 5.0. With less than 14% of America’s lawyers qualifying, it is a prestigious award.

“It is truly an honor to receive this recognition,” says Mr. Nacol. “Since 1997, I have been selected by my peers for the honor of receiving this prestigious award. The Nacol Law Firm P.C. has made it a primary professional objective to work hard and represent our clients zealously, efficiently and consistently using ethical manner at our disposal.”

A native of Texas, Mark Adam Nacol graduated from South Texas College of Law and has been practicing law for over 35 years. His work is focused in the areas of Civil & Commercial Litigation, Federal & State Practice, Business Transactions & Contracts, Divorce & Family Law, Fathers’ Rights, Real Estate Litigation and Probate Law, and Trust & Will Contests.

Attorney Mark A. Nacol is board certified in Civil Trial Law by the Texas Board of Legal Specialization and is a member of the Texas State Bar College.

ABOUT THE NACOL LAW FIRM P.C.
The Nacol Law Firm P.C. and Mark A. Nacol, Board Certified Civil Trial Attorney, have been serving clients in the Dallas-Fort Worth Metroplex and the State of Texas for over 35 years, offering legal advice and representation in a broad scope of practice areas with emphasis on the following:

  • Civil & Commercial Litigation, Federal & State Practice
  • Divorce & Family Law
  • Business Transactions & Contracts
  • Real Estate & Transactional Litigation
  • Probate Law, Trust & Will Contests
  • Employment Contracts & Disputes
  • Consumer Law

“Aggressive Commitment Through Experience & Common Sense!”

For more information about Mark A. Nacol and the other associates of The Nacol Law Firm P.C.,

Visit our websites
www.nacollawfirm.com
www.fathersrightsdallas.com

Visit our blog
www.nacollawfirmblog.com

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LinkedIn: www.linkedin.com/in/marknacol
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Contact: Mark A. Nacol
The Nacol Law Firm P.C.
(972) 690-3333
mnacol@nacollawfirm.com
http://www.nacollawfirm.com/

Will Contest

The requirements for testamentary capacity are minimal. Some courts have held that a person who lacks the capacity to make a contract can still make a valid will. While the wording of statutes or judicial rulings will vary from one jurisdiction to another, the test generally requires that the testator was aware of:

• The extent and value of their property
• The persons who are the natural beneficiaries
• The disposition he is making
• How these elements relate to form an orderly plan of distribution of property.

The legal test implies that a typical claimant in a will contest is a disgruntled heir who believe he should have received a larger share than what he received under the will. Once the challenging party meets the burden of proof that the testator did not possess the capacity, the burden subsequently shifts to the party propounding the will to show by clear and convincing evidence that the testator did have the requisite capacity.

Duress or coercion (as a term of jurisprudence) is a possible legal basis to set aside or otherwise modify a will, in that, the execution of the will by the Testator/Testatrix arises out of an immediate fear of injury. Black’s Law Dictionary (6th ed.) defines duress as “any unlawful threat or coercion used… to induce another to act [or not act] in a manner [they] otherwise would not [or would].”

To establish duress, four requirements must be met:

• Threat must be of serious bodily harm or death
• Harm threatened must be greater than the harm caused by the crime
• Threat must be immediate and inescapable
• The defendant must have become involved in the situation through no fault of his or her own

A person may also raise duress when force or violence is used to compel him to enter into a contract, or to discharge one.

Depending on the grounds, the result may be:

• Invalidity of the entire Last Will and Testament, resulting in an intestacy.
• Invalidity of a clause or gift, requiring the court to decide which charity receives the charitable bequest, using the equitable doctrine of cy pres
• Dimunition of certain gifts, and increase of other gifts to the widowed spouse or orphaned children, who would now get their elective share.

The Nacol Law Firm PC
8144 Walnut Hill Lane
Suite 1190
Dallas, TX 75231
Metro: 972-690-3333
Toll Free: 866-352-5240
Fax: 972-690-9901
www.NacolLawFirm.com

Parental Alienation Syndrome and the Impact on Children

Parental Alienation Syndrome is the systematic denigration by one parent with the intent of alienating the child against the rejected parent. In most cases, the purpose of the alienation is to gain custody of the child and exclude involvement by the rejected parent. In other cases the alienator wants the rejected parent out of the way to start a new life, or the aligned parent wants more of the marital money and assets than he/she is entitled to and uses the child as a pawn. The aligned parent hates the rejected parent and the children become false weapons. These are just a few reasons Parental Alienation occurs in domestic disputes.

Parental Alienation Syndrome is common because it is an effective though devious device for gaining custody of a child. Through systematic alienation, one parent may slowly brainwash a child against the other parent. The parent involved in such alienation behavior then may gain the misplaced loyalty of the child.

In a recent survey, one in five parents stated that their primary objective during the divorce was to make the experience as unpleasant as possible for the former spouse; despite the effects such attitudes and behavior have on the children.

Parental Alienation Syndrome is a form of emotional child abuse. Parents in hostile separations may suffer depression, anger and anxiety or aggression. The expression of these feelings results in withdrawing of love and communication which may extend to the children through the alienating parent. When the mother is the alienator, it is a mechanism employed to stop the father from having contact with his children; and can be described as the mother holding the children “hostages.” The children usually are afraid of the mother, frequently identify with the aggressor, and obey her as a means of survival. The child may also be instilled with false memories of the father, coached and/or brainwashed.

Studies show that Parental Alienation is experienced equally by both sexes. Adolescents (ages 9-15) are usually more affect than younger children. Children most affected tend to be those subjected to parents’ highly conflicted divorces or custody battles. A study by Fidler and Bala (2010) show increasing incidences and increased judicial findings of parent alienation in the US. 11-15% of all divorces involving children include parental alienation issues.

If the parental alienation has been successful and has influenced the child against the target parent, the observer will see symptoms of parental alienation syndrome. Many children appear healthy until asked about the target parent.

Warning signs of a Parental Alienation Syndrome Child:

  1. The child is a “parrot” of the aligned parent with the same delusional, irrational beliefs and consistently sides with this parent. Denys suggestions that their hatred for rejected parent is based on views and behavior of aligned parent.
  2. Idealization of aligned parent and wants to constantly be in the aligned parent presence.
  3. The child develops serious hatred for the rejected parent and rejects a relationship with the rejected parent without any legitimate justification. The child sees nothing “good” about the rejected parent and only wants to destroy the relationship.
  4. The child refuses to visit or spend time with the rejected parent, frequently faking fear.
  5. The child’s reasons for not wanting a relationship with the rejected parent are primarily based on what the aligned parent tells the child. Accusation against rejected parent too adult-like for the child’s age.
  6. The child feels no guilt about his/her behavior toward the rejected parent and will not forgive past indiscretions.
  7. The child’s hatred extends to the rejected parent’s extended family, friends, partner, or Idealization of aligned parent aligned parent without any guilt or remorse.
  8. Ignores/rejects the rejected parent in the presence of the aligned parent.
    • Children who live in alienated family situations are usually unable to form healthy relationship with either parent. Some of the areas of concern for children impacted by parental alienation are:
    • Emotion Distress, Anxiety, Depression, and Self Hate
    • Poor reality testing and unreasonable cognitive operations
    • Low self-esteem or inflated self-esteem, Pseudo-maturity
    • Aggression and conduct disorder
    • Disregard for social norms and authority, adjustment difficulties
    • Lack of remorse or guilt

Parental Alienation Syndrome is recognized by the courts but is very difficult to define and in most cases requires bringing in County Social Services, Child Protective Services, and/or other professionals. Anyone claiming Parental Alienation Syndrome should look for family therapy as a constructive way forward. Other forms of abuse are physical, sexual, and neglect which are much easier to identify.

Children having some of these symptoms need help. Please contact an attorney and discuss your options on how to help this child. Formulate a plan to move forward. Do not give up your parental rights! Your child desperately needs and is entitled to your help!

Texas Family Court Actions and Parental Alienation

Most children of divorce want to be loved and maintain strong and healthy relationships with both of their parents. These children also want to be kept out of the conflict between their parents. But there are some parents who through their feelings of hatred, rejection or want of control over the rejected parent, brainwash the alienated child to have very adverse feelings for the rejected parent and choose sides to bolster their parental identity. This is called Parental Alienation.

Parental Alienation usually happens equally between children of both sex and many times occur in highly conflicted and long lasting divorces and custody battles. A Study by Fidler and Bala (2010) states that about 11-15% of all divorces involving children involve parental alienation issues.

Parental Alienation involves destructive actions by an aligned parent to discredit and sabotage the rejected parent in the eyes of the alienated child. This is usually a sign of a parent’s inability to separate the couple’s conflict with the needs of the alienated child’s well-being. This adverse action will eventually cause increased hostility and decreased contact with the alienated child and the rejected parent. The aligned parent programs the child to believe that the rejected parent is mean, unloving, worthless and selfish, and makes the alienated child believe that he/she will be happier if the rejected parent is erased from his/her life. In very extreme cases, through manipulation by the aligned parent, the alienated child will start to hate the rejected parent which can lead to many behavioral, emotional and mental problems of separation.

What are some symptoms of Parental Alienation by the Aligned Parent?

  1. Interference with the target parent visits. Giving children unhealthy choices when there is no choice about the visit. Not allowing any target parent visits.
  2. Depriving the target parent from information regarding educational, medical and social activities of the child and excluding or not informing the target parent of all of the school, medical, social activities of the child.
  3. Sharing with the child “everything” about the marital relationship with false information to be “honest” with the child. Blaming the target parent of breaking up the family, financial problems, or not loving the child enough to stay, the alienating parent tries to turn the child and his/her anger against the target parent.
  4. Interference with or not supporting contact between the child and the target parent. Listening into telephone conversation or reading all emails, texting, or correspondence between the child and target parent.
  5. Making major unilateral decisions regarding the child without consulting the target parent.
  6. Refusing to let the child take his/her possessions to the target parent’s residence.
  7. Telling the child, in a time of juvenile crisis, that the target parent has been abusive and the target parent may hurt the child.
  8. By defying the target parent’s authority and supervision, the alienating parent is asking the child to impossibly choose one parent over the other. This causes considerable stress and potential long term emotion scarring for the child and much unnecessary pain, difficulty, and anxiety when trying to love both parents.

The alienating parent will try to program the child to dislike, hate, or fear the rejected parent. By causing the child to disown or distance themselves away from the rejected parent, the aligned parent may, in the end, cause a very distrustful and emotionally scarred child. The goal may be achieved, but not with the desired results of the alienating parent. Many times, the child, without hope, will turn on both parents and never be able to have trusting, loving relationships in his/her life.

Since the American Psychiatric Association does not formally recognize Parental Alienation Syndrome/Disorder, The State of Texas does not provide legal standards to evaluate a parental alienation presence in a child. Texas courts have started to act when there is suspected parental alienation. Some of the aids are courts appointing guardians ad litem, parenting facilitators and forensic psychologists used to study the child’s living situations and mental health of both parents and the child. Reports from these specialists have been used in making some very important rulings for the benefit of the child and the families in suspected Parental Alienation cases.

If you and your child are victims of Parental Alienation Syndrome, please contact a Dallas family law attorney who is experienced in these types of cases in Texas family courts.

Texas Business Contracts

Successful business operations are based on careful planning, prudent governance and trusted legal guidance. Whether you are selecting an appropriate entity for your start-up company; structuring contracts, anti-competition construction, employment, supplier or licensing agreements; or acquiring, merging or dissolving a business, the expertise of the attorney you choose can make a significant difference in your business relationships.

At The Nacol Law Firm PC, in Richardson, Texas, we offer legal services related to a range of business transactions for entrepreneurs and commercial enterprises of all sizes in the Dallas–Fort Worth Metroplex and surrounding counties.

The business transactions our law firm handles include:

  • Entity selection
  • Business structure counseling
  • Contract negotiations and drafting
  • Partnership/shareholder/licensing/supplier agreements/ non-disclosure and anti-compete agreements
  • Warranty development
  • Mergers and acquisitions
  • Trademark and trade name applications and registrations
  • Business governance
  • Business succession planning
  • Corporate, LLP, and LLC organization
February 9th, 2014|

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

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