Andrew J. Bolton, Esq

Andrew J. Bolton, Esq At The Law Offices of Andrew J. Bolton, Esq., we offer a personal and direct approach to family law, We serve Conroe and Spring, Texas, as well.

Our firm has three offices conveniently located in The Woodlands, Sugar Land, and Huntsville communities in Texas. At The Law Office of Andrew J. Bolton, Esq., it is our policy that each time a client calls, they personally speak to one of our attorneys. This way, we can be sure that you receive the personal attention and representation that you deserve. Our legal team assists clients with both pr

obate and estate planning matters. Our Policy of Service

It is our goal to provide the finest quality legal representation. We can assist you with a variety of issues and concerns regarding probate and estate law. Our probate attorneys in The Woodlands strive to develop a long-term relationship with you as our client and can help you face a variety of challenging situations. We set ourselves apart from other law firms in the following ways:

• You can speak one-on-one with our lawyers each time you call
• Our attorneys provide personalized and professional solutions
• Free confidential consultations are always available

Representation from our law firm is affordable
Contact us for assistance in The Woodlands, Conroe, or Spring! From issues regarding guardianship, to creating a trust or will, our attorneys can provide the legal guidance you need. We can discuss your issue in depth and determine a course of action that is best suited for you. Please do not hesitate to contact us at (936) 435-1908 to schedule a free case evaluation!

08/06/2019

HOW TO MAKE A DIVORCE AGONIZINGLY SLOW
First Step: Argue over things that don't matter. In almost every contested divorce there is a party who says, "I've finally decided to stand up for myself!" and there's another spouse who is accustomed to getting his or her way. If you cannot see it, these two facts make a wonderful formula for a long, agonizing divorce case. By all means, stand up for what is right in your divorce, but understand, too, that you ARE getting rid of your spouse and so, fighting over the dishes may turn out to be penny-wise and dollar-foolish. I once had a client who spent $1200 in fees with me; and his wife spent at least that much with her own lawyer, arguing over who would get the washing machine! And yes, my honesty compelled me to explain that my fees were more than the cost of a new machine!

Second Step: Take off with the children and don't return them when you're supposed to. In many cases, this scenario stems from age-old miscommunication in the marriage. Nevertheless, using the kids as weapons is a great way to stay married to your spouse! Inevitably, he or she will try to "punish" you with either a contempt case, or through lengthy discovery, each of which can easily double the time it takes to finalize a divorce. Keep in mind: when you use kids as weapons, you are harming your own children as much as you are aggravating your spouse. So, keep it clean with the kids!

Third Step: Tell your lawyer lies. I don't care how many Law & Order episodes you've watched, a surprised lawyer is almost always a lousy lawyer! You do NOT want your lawyer to be six months into a contested divorce only to suddenly find out about your drug problem, or your DWI conviction, or that child abuse investigation. Most lawyers will rise to the occasion in a case when they know in advance that there are "issues" out there to address. Contrariwise, a lawyer is not going to "pull out all of the stops" in prepping for a hearing in which the parties appear only to disagree but neither seems to have excessive baggage. Undoing the damage that serious non-disclosure causes, can literally take years in some instances. For my own part, when I know what's coming before a hearing starts then I'm pretty darn good at defending my client. But I am much less capable when I'm in the middle of a cross-examination and I hear the words, "Oh yeah! Well, she drops the kids off at her drug dealer's house!" (yes, I heard that one before)

Divorce can sometimes be longer than desirable, but we should do all that we can to insure that it not be the result of our misdeeds.

SHOULD I HAVE A WILL OR A TRUST?If you truly need a trust, then the obvious answer to this question is “yes.” Well, to ...
08/02/2019

SHOULD I HAVE A WILL OR A TRUST?
If you truly need a trust, then the obvious answer to this question is “yes.” Well, to perhaps further clarify my response: Anyone who drafts a trust to avoid probate invariably needs a Will as well. This is true primarily as a result of the nature of trusts. A trust is a fictious entity which holds or manages property on behalf of a beneficiary. Many individuals attempt to “avoid probate” by placing their property into a trust which then holds their property, and pays out at some time in the future—typically following the Settlor’s death. While this might work in many instances, there is one overriding rule about trusts which should never be forgotten: A trust is only effective for property which is actually placed into the trust. What this means is that, once a trust is created, then it must be constantly monitored to ensure that the Settlor’s property has not been transferred out, nor sold, nor exchanged for any other property (without adjustments to the trust). For example, if you place your new Lamborghini into your trust and then, sometime in the distant future, you trade that Lambo in for a Ferrari, then the Ferrari too must be affirmatively placed into the trust. Since Wills do not have this problem, they serve to avoid this serious deficit of the typical trust.
Another example of problems regarding trusts is important to note: Newly-acquired property can often get “lost in the shuffle” and inadvertently left outside of the trust. This can lead to tragic results. By way of illustration, let’s imagine that John creates a trust for his friendly neighbors since he’s not married, nor does he have any children. So, John goes to his lawyer’s office and has a trust created, and, right then and there, John puts all of his real estate and investments into his trust. John now feels that he is well-prepared to have his estate bypass the probate process and go straight to the neighbors upon his death. However, on the way home from his lawyer’s office, John is hit by an 18-wheeled Chevron truck. Wow! Now John’s estate has a $5 million-dollar lawsuit against Big Oil! Ahh, but John didn’t think he was going to get killed by a Chevon truck that morning, and he certainly didn’t have time to put his unanticipated wrongful death lawsuit into his trust. But what happens to the money from the big Chevron payout? The answer to this question is, “look to John’s Will.” Oh, but John was told on the radio that he didn’t want to have a Will, only that he should have a trust! In short, John was deceived by the “avoid probate” shysters. As a result, John’s probate estate is likely have more money than he had ever placed into his trust, yet John failed to create a Will in order to deal with this contingency. John’s illustration also applies to individuals who are married and who have children. In short, always have a Will. Always.
In order to avoid John’s problem, it is the policy of our office at Andrew J. Bolton, Esq. to never draft a trust unless and until an adequate Will also accompanies that trust instrument.

BEST CONTESTED DIVORCE ADVICE OUT THERE—It’s only natural to say that divorcing parties don’t trust each other. But far...
07/18/2019

BEST CONTESTED DIVORCE ADVICE OUT THERE—

It’s only natural to say that divorcing parties don’t trust each other. But far too often divorcing spouses become different people, and they can do things which no one would have imagined possible. In a recent case, I represented a husband who worked in law enforcement. At the beginning, he was awarded possession of his home while the divorce proceeding was pending—but his wife refused to leave the house. So one day he tells her, “You really need to leave now.” The wife then begins a tirade. Next she follows him as he retreats to his bedroom. Finally, he tries to close the bedroom door, but while doing so she smacks him in the face! That’s bad, huh? Oh, it gets much worse! After hitting her husband, a few seconds later, he hears her shouting out, “You just put your hands on me! You struck me!” and yes, she then called the police!

Now in this day and age, where we are all woke to domestic violence, a claim of spousal abuse by a wife, will invariably result in an instant suspension for an accused law enforcement officer, and perhaps lifelong consequences thereafter! Domestic violence is serious. Fortunately, this man took my advice. He had kept his tape recorder and iPhone with him the whole time. When the police arrived, they were very willing to just take my client to jail and throw away the key. His job made no difference since domestic violence was the accusation. However, once the police saw the video, it was the wife who was then arrested for assault!

Advice: In a contested divorce, always, always, always keep a recorder going when interacting with your spouse. This is good advice for two reasons: First, if your spouse does something wrong, it’s being recorded for later use by your attorney. Second, while you are recording your spouse, you know to be on your own best behavior! So, keep the tape rolling!

Sometimes if you don’t toot your own horn. . . .
06/14/2019

Sometimes if you don’t toot your own horn. . . .

06/10/2019

Steps of Texas Probate
Step 1 Typically, the named executor will file an application for probate the Decedent’s will. Probate is conducted in the county of the Decedent’s last residence, or where the Decedent has substantial assets.
Step 2 Following the filing of the probate application, the county clerk will post a notice at the courthouse to notify all that a probate application was filed. Where no contests are filed against the application, the probate court will conduct a hearing on whether to accept the will to probate, appoint an executor, and open an administration of the estate.
Step 3 After an executor or administrator is named to the estate, he or she will normally be required to file an inventory of all the assets in the estate within 90 days of appointment. The executor must swear that the inventory is accurate to the best of his or her knowledge.
The Inventory must include sufficiently detailed descriptions of the estate assets together with reasonable valuations of such assets. There is an exception to the filing rule for independent executors. If there are no unpaid debts owed by the estate, except for secured debts, taxes, and administration expenses, and if the decedent’s will does not require the Inventory to be filed, then the executor may file an affidavit in lieu of inventory instead of an inventory.
Step 4 Next, the executor will notify beneficiaries of the estate. In place of receiving formal notice, beneficiaries may also sign waivers of service. At any rate, the executor will be required to certify to the court that all beneficiaries have been given proper notice.
Step 5 Because Decedents usually pass with outstanding bills, therefore, in addition to the beneficiaries, secured creditors are also entitled to receive notice of the probate proceeding. Unsecured, or non-lien creditors, do not necessarily receive formal notice (other than published notices in the newspaper), but their claims, if timely filed, will need to be addressed by either accepting their claim, which requires an attempt to pay, or by rejecting the claim (putting the ball into their court to prove the validity of the claim).
All valid debts must be pad from the estate. Typical debts include expenses of the last illness, medical bills, mortgages and other personal debts.
Step 6 The estate cannot be concluded if family members or other potential beneficiaries are contesting a will, or if they file for your removal as executor. These disputes must be decided by a probate court judge.
In the state of Texas, contesting a will must be done within two years after the original probate. Good legal counsel may be necessary to direct and guide you through the dispute process.
The person contesting a will must prove that the will is invalid or that there is something wrong with it. There are several ways that a will can be determined to be invalid, including: proving that the will was forged; that the will was the result of undue influence on the Decedent; that the Decedent was incompetent at the time of signing; that the will was not properly endorsed; or that another document is perhaps the true will of the Decedent.
In lieu of going to court, many people contesting a will often find that resolving conflict with the other parties is a great alternative to litigation in Texas probate.
Step 7 After the disputes are resolved, any remaining assets are then distributed to the beneficiaries as provided for by the will.

06/04/2019

CHILD SUPPORT MODIFICATION

Changes to child support modification suits.

Commencing September 2018, the legislature has changed the conditions for modifying a child support order.

First, previously a court could modify a child support agreement which deviated from the statutory guidelines set forth in the Texas Family Code, for any of three reasons:

Reason #1: There has been a "material and substantial change in the circumstances of the child or person affected by the order" since the rendition of the original order.

Reason #2: The parents of the child have reached a mediated or collaborative law settlement which does not following the guidelines.

Reason #3: Within three years of the original order being rendered or last modified, the monthly child support payments deviate either 20 percent or $100 from the amount that would have been awarded under Code's guidelines.

However, commencing September 1, 2018, the courts are now only be able to modify child support orders, even if agreed to, if "the circumstances of the child or person affected by the order materially and substantially changed." This means that if child support payments differ from Code guidelines, then custodial parents will no longer be able to agree to an increase or decrease in child support payments without also showing that the circumstances of the child or a parent have "materially and substantially changed."

TEXAS DIVORCE LAWYERS AND THEIR FEESWhile uncontested divorce fees vary greatly and are generally a bargain for what you...
05/31/2019

TEXAS DIVORCE LAWYERS AND THEIR FEES

While uncontested divorce fees vary greatly and are generally a bargain for what you are getting (or getting rid of), contested divorces are often much more expensive. Why is that?

First, in an uncontested divorce, much of the work is largely "papershuffling," and such tasks are often delegated to non-lawyer assistants overseen by the lawyer. In short, the input from the lawyer is greatly reduced in an uncontested divorce.

However, in a contested divorce proceeding it is wise to understand that, typically this is a lawyer-versus-lawyer endeavor, and as such, a contested divorce requires much more "hands on" input from your legal counsel. For example, the drafting of documents must be done carefully so as not to step on any legal "landmine" which the opposing attorney will assuredly point out ot the court. Moreover, a contested divorce invariably requires much more court appearance time, apart from the trial itself. E.g., temporary orders, hearings on motions, motions involving discovery, and mediations, etc. All of this takes the lawyer out of the office and away from other work from which he may profit.

Finally, a contested divorce is not a "profit by volume" business. Each client is going to require, and get, much more attention in a contested divorce than is typically found in an uncontested proceeding. Since lawyers have to pay for their office, their education, and their expenses, it is obvious that they will charge a larger fee in contested matters.

For more information, please feel free to reach out and discuss your divorce issues with me.

SUMMER DIVORCEIf Christmas is the season to be jolly, then, for family law lawyers at least, summer is surely the season...
05/30/2019

SUMMER DIVORCE
If Christmas is the season to be jolly, then, for family law lawyers at least, summer is surely the season for the most unhappy of business circumstances: Divorce.

Divorces often occur during the summer months where it is felt that the disruptions to children and job schedules are minimized by the dissolution of the marriage.

While Andrew J. Bolton, Esq., stands ready to assit you with any divorce in Huntsville, Conroe, The Woodlands, Spring, and surrounding areas, we also recognize that some marriages can be saved. Summer is a great time to make that effort.

When the boss gives a vacation to a divorcing employee, it might be a good time to suggest marital counseling with the spouse. For the best chances of success, marriage counseling must be both intensive (at least at the beginning) and must be wholeheartedly attended.

If there are children involved, or simply if there is not a complete commitment to divorcing your spouse, then don't let summer pass you by without considering the benefits of appropriate counseling.

05/24/2019

Whether a simple probate or a complex divorce--you need a lawyer to whom you can speak freely.

PRENUPTIAL AGREEMENTS IN TEXASPre-nuptial or “premarital” agreements are indeed an important part of Texas estate and ma...
05/22/2019

PRENUPTIAL AGREEMENTS IN TEXAS
Pre-nuptial or “premarital” agreements are indeed an important part of Texas estate and marriage planning. Like all contracts, a prenuptial agreement is one which the courts will always try to honor, and a change of mind, or of circumstances, will rarely allow you to escape its clutches. Here is an interesting case in point.
Rebecca and James married in 2005. Prior to their marriage, they entered into an “Agreement In Contemplation of Marriage” or a prenuptial agreement. The prenuptial agreement called for a payment to Rebecca, through a lump sum, in the event of a divorce. Interestingly, the agreement also provided that if Rebecca ever contested the prenuptial agreement, then she would lose even that lump sum payment and get nothing. The agreement specifically provided that Rebecca would get zero if she ever “sought to invalidate some or all of the agreement.”
As you’ve probably guessed, James later filed for divorce and commenced making the agreed-to payments to Rebecca under the terms of the prenuptial agreement. Alas, but James soon fell behind in his payments to Rebecca. In response, Rebecca filed a countersuit against James, seeking either to (A) compel him to make the promised payments, or (B) to rescind the agreement after James’s default and thereby go after her share of the estate which she would have received absent the prenuptial agreement (certainly a much larger sum, to be sure).
James seized upon Rebecca’s “Option B” request and now claimed that Rebecca was entitled to nothing since she was attacking the provisions of the prenuptial agreement! After a jury trial, a jury found that Rebecca did, indeed, attempt to rescind the agreement in violation of the forfeiture clause, but it also found that Rebecca was “excused” from such violation since James had previously violated the agreement. The trial judge, however, overturned the jury’s verdict and held that James was entitled to rely upon the agreement’s forfeiture clause since Rebecca had sought to rescind the contract. In sum, Rebecca would get nothing since she tried to invalidate some or all of the agreement. Rebecca appealed.
In 2018, the Texas Supreme Court in In The Matter of the Marriage of I.C., held that there was no “just cause” exception to save Rebecca from the agreement’s forfeiture clause. Despite the Supreme Court noting that earlier courts consider such forfeiture clauses unenforceable when a spouse seeks to invalidate it after the other spouse’s breach of the agreement, Rebecca had already agreed within the contract what her remedies would be for James’ breach. Tragically, the Texas Supreme Court stated, “The parties could have agreed that James’s failure to make a periodic payment would nullify the entire Agreement . . . but they did not.” In sum, the general rule of contracts is that when one party breaches an agreement, the other party is thereafter relieved from complying with the contract. This is apparently not true when there is a forfeiture clause and the remedies for a breach of the agreement do not state that the innocent party is released from contractual obligations upon the other’s breach.
LESSON: In any prenuptial agreement with a forfeiture clause: If you represent the “poorer” spouse, make sure that your client is given the right to rescind the agreement upon the other party’s breach, since old contract rules of equity will not justify you in attacking the contract even if the other side breaches it first.

05/15/2019

GRANDPARENTS SEEKING CUSTODY OF THEIR GRANDCHILDREN
Since the United States Supreme Court’s Troxel decision, the rights of grandparents seeking custody over their grandchildren has been curtailed. In shorthand, the Supreme Court in Troxel stated that a grandparent does not have a per se right to seek custody of a grandchild merely because they are kin to the child; there must be more than a simple familial relationship.
In reaction to the Troxel decision, the Texas legislature enacted statues designed to provide standing (which is the right to seek custody) to grandparents in certain, limited scenarios. For example, when a parent consents, then a grandparent may sue to seek custody over their grandchild. Moreover, if a grandparent has had both substantial and recent contact with a grandchild, then the grandparent may also seek to be appointed as a conservator over that grandchild. This scenario is where the Texas Supreme Court has issued a 2018 opinion.
In the case of In re H.S, the Texas Supreme Court reviewed a case wherein the grandparents had exercised possession and care over their grandchild for a substantial length of time, but such possession and care was also in conjunction with the child’s own biological parents. Subsequently, the grandparents sought to obtain primary custody over their grandchild, but against the wishes of the parents. The trial court dismissed the grandparents’ lawsuit stating that Texas’s “standing” statute requires that the grandparents have “actual care, control, and possession of the child for at least six months.” While the grandparents met the six-month requirement for possession, the trial court held that the word “actual,” used in the statute before the words care, control, implied that the grandparents must have had “legal” care and control over their grandchild (with an emphasis on the “control” element). In short, the question was: “Were the grandparents required to have legal right of care and control over their grandchild before suing for possession?” Wisely, the Texas Supreme Court said “No.” Noting that the legislature did not define the word “actual,” the Court held that we need look at the ordinary meaning of the term, “actual.” Therefore, according to the dictionary, the Texas Supreme Court found that the term “actual” meant only “exiting in fact, real.” That is, does the care and control over the child exercised by the grandparents rise to the level of loco parentis, or “a parent-in-fact?” While not deciding on the merits of who should get possession itself, the Texas Supreme Court held that a grandparent who has acted as a parent-in-fact, making decisions, providing basics needs, assuming parental responsibilities, did qualify as persons who had “actual care, control, and possession” over a child sufficient to bring a custody lawsuit.
LESSON: Inside or outside of divorce proceedings: If you are a grandparent, being related to your grandchild is not sufficient in most cases (absent endangerment to your grandchild) to bring suit against the wishes of your own child. You must have more. Fortunately, that “more” requires that you act as a parent for the child and do so for a period of at least six months.

05/14/2019

DIVORCE AND REALLY BAD GUYS
In Texas, a divorce court can divide marital property by considering various equitable principles, including "fault in the breakup of the marriage." In a typical divorce, Texas courts try to allocate property on a 50-50 basis. However, when one spouse is at fault in the break-up of the marriage, or if a spouse needs additional property due to his or her lower earning capacity, then the court may deviate from an even split to something more equitable.

Notwithstanding these rules, it’s long be the foundation of Texas divorce property division that a court cannot use a property division order—even where there's fault in the breakup of the marriage—to "punish" the guilty party.

That is, until last year's Bradshaw decision by the Texas Supreme Court. In Bradshaw, the husband was found guilty of mo**sting the wife’s young daughter, and the wife filed for divorce—no surprise there. In the divorce court, she was awarded 80% of the house in which the husband had mo**sted her children; he was awarded 20%. But the wife wanted 100% of the house awarded to her. On appeal, the Court of Appeals upheld the 80% award, noting that a trial court’s “division of property could not be used as a means to punish” a bad spouse even if fault in the break-up of the marriage was found as a basis for a disproportionate division of property.

The Texas Supreme Court, in Bradshaw v. Bradshaw, 555 S.W.3d 539 (Tex. 2018) reversed the lower court decisions by applying the most interesting logic. First, noting that the Texas Family Code called for a division of property in “a just and right” manner, and noting that the trial judge's discretion should not be overturned by a higher court second-guessing his reasoning, the Texas Supreme Court nevertheless overturned the 80% award to the wife! Interestingly, the Texas Supreme Court inserted a criminal forfeiture analysis holding that a 100% award of the house to the wife was, in fact, proper. Even more so—such a division was so extremely and overwhelmingly “just” and “right,” that it was mandated by law!

The Texas Supreme Court stated that an award to the wife of 100% of the house would NOT be one based upon the husband’s “fault in the break-up of the marriage,” but instead, as a result of his criminal conviction for using the home to mo**st minor children. Regarding customary “discretion” afforded to trial judges, the Texas Supreme Court held: “We think it beyond argument that awarding the husband an interest in the very home that he used to sexually abuse a young girl, was both unjust and wrong (as opposed to a “just and right” division as the Family Code requires). The Court concluded, “such an award is an abuse of discretion.” Finally, to remove all doubt about where the division of property should end up, the Court concluded: “Awarding the husband any interest in the home can be neither just nor right, as a matter of law.”

Lessons To Be Learned: Although the Texas Supreme Court did not use the term explicitly, it’s a bit unseemly to apply criminal forfeiture laws to the husband’s actions in order to strip him of the home in divorce. Punishment, like a rose, by any other name, is just as sweet. Now this is apparently new law. Keep in mind: I’m not sympathetic to the husband, but emotional cases invariably lead to bad law. Today, we will limit this type of award only to matters where a spouse is formally convicted of mo**sting children. But someday down the road, a lawyer will apply this rationale to a husband convicted of hitting his spouse in a drunken rage while they are in the bedroom (an illegal act too, to be sure--but to lose 100% of the house?). Ultimately, the Bradshaw logic will be expanded to award an innocent spouse 100% of the property used to commit adultery (the house, the car, the family business, etc., etc.).

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The Woodlands, TX
77380

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