- Divorce
- Child SupportThere are three (3) exceptions: (1) premium payments made in fraud of a creditor, (2) debt of the insured or beneficiary secured by a pledge of the policy or contract, and a (3) child support lien.
- Premarital AgreementTexas’ community property law system is often counter to a client’s personal understanding of their own property rights and financial liabilities. As a general rule, all property accumulated during marriage is the Community Property of both spouses, each holding a one-half share of such property. A spouse can claim their own Separate Property, which is all property owned prior to marriage and maintained as separate during the marriage, and all property received by the spouse as a gift or by inheritance during marriage. These default rules can be modified through a Premarital Agreement (or Prenup) or a Postmarital Agreement or Postnup), which is in effect a legal contract between spouses.
- GuardianshipGuardianships are a court-supervised program where a Guardian is appointed to care for a Ward. A Guardian is, in effect, a surrogate decision maker to make decisions for a Ward whose incapacity has rendered them unable to make decisions for themselves. There are two types of Guardians: a Guardian of the Person who cares for the Ward by providing food, shelter, clothing, protection, and medical decisions, and a Guardian of the Estate who cares for the Ward’s property. A Ward can be either an incapacitated person, or a minor (one who is under eighteen).
- Spousal SupportThe Texas Property Code exempts up to $100,000.00 of Personal Property for a family and $50,000.00 for a single adult. Also protected are wages, prescribed health aids, and alimony.
- Mergers and Acquisitions
- Business FormationAndrew’s practice area includes estate planning, probate and trust administration, real estate, and business transactional law. He particularly enjoys working with young families in developing their first estate plan and with small business owners in business formation and administration as well as buying and selling business entities.
- Limited Liability CompaniesLimited partnerships and limited liability companies are legal entities that own property and maintain a business or investment purpose. A limited partnership or limited liability company can allow for unified management of the assets and pooling of investment resources of several owners (or a single owner who has gifted/conveyed ownership to other persons, such as family members).
- Real Estate LitigationFounded by Michael W. Middleton in 1988 in Bryan, Texas, the Law Office of Middleton & Middleton has become a leader in estate planning, probate, probate litigation, trusts, and real estate law in the Brazos Valley. We are proud to be a premier law firm specializing in estate planning and estate administration. Our team of experienced attorneys has a deep understanding of the complexities involved in these areas of law and a dedication to providing our clients with the highest level of personalized service.
- Real Estate Transactions
- Estate PlanningProbate is the process by which a decedent’s estate is administered. Middleton & Middleton represents executors, administrators, and beneficiaries in all areas of estate administration. The probate process applies whether a person dies with a Will or without a Will. In either circumstance, the process involves collecting all of the person’s property, paying all debts and expenses, and distributing the property either according to their Will or according to Texas law regarding intestate distribution (dying without a Will).
- WillsWealth Transfers Passing on wealth, whether to future generations or charities, requires careful planning and sometimes sophisticated strategies to implement. The Estate Attorneys at Middleton & Middleton take time to educate our clients about the process and opportunities in order to craft a plan that meets their individualized goals. We provide a full range of services and provide direct advice to preserve and transfer assets through both lifetime gifting strategies and testamentary gifts. From wills and trusts to more advanced tools such as Irrevocable Trusts, Charitable Trusts, and Annual Gifting Strategies, we are equipped to help our clients plan for tax efficient wealth transfers to future generations and charities.
- TrustsSince 1988, Middleton & Middleton has excelled in assisting individuals and families in Bryan and College Station, Texas and the surrounding areas with their legal needs. Our attorneys have more than fifty years of combined experience in estate planning, probate and trust administration, real estate, and business organizations and transactions. Contact us today to schedule an appointment.
- Power of AttorneyEstate Tax and Gift Tax The attorneys at Middleton & Middleton are qualified and capable of providing advice and planning opportunities to address Estate Tax and Gift Tax issues. While the Federal Estate Tax Exemption is presently at historically high levels and is increasing by a factor of inflation ($12,060,000 per person in 2022; $12,920,000 per person in 2023), there is a common consensus that the Exemption could be reduced significantly in the coming years. The Gift Tax Exclusion is likewise at an historically high level, providing each U.S. Citizen with the ability to give up to $16,000 per person per year (2022) and $17,000 per person per year (2023) without causing a tax effect or requiring the filing of a gift tax return. Our Estate Attorneys work closely with our clients, their CPAs, and financial advisors to identify tax strategies to minimize Estate Tax and Gift Tax as part of a comprehensive estate and tax plan. The first step in the comprehensive plan is to ensure the client has appropriate planning documents such as wills, trusts, powers of attorney, and medical directives. More advanced tools are then implemented based on the client’s assets and planning goals, including Generation Skipping Transfer Trusts, Revocable Trusts, Irrevocable Trusts, Life Insurance Trusts and Life Insurance Planning, Grantor Trusts, and Charitable Trusts and Charitable Giving. While Estate Tax Planning can be implemented at any time before death, planning to counteract the Estate Tax is best when done proactively, before the client’s Estate exceeds the Federal Estate Tax Exemption. If you anticipate your Estate will be subject to the Estate Tax, or if you would like to leverage the Annual Gift Tax Exclusion, the attorneys at Middleton & Middleton have the knowledge to assist you at every stage of planning.
- ProbateMiddleton & Middleton is always looking for exceptional people to join our firm. Middleton & Middleton’s partners are Board Certified in Estate Planning & Probate Law and have built a reputation in the community for specialized, quality legal representation. The firm is ideally situated in the growing area of Bryan/College Station and serves clients across the State of Texas. We prioritize a healthy work/life balance and a family-first approach. To learn more about the firm and open positions, please contact us.
- Bankruptcy
- Tax LawTrusts are a versatile tool used in estate planning, wealth preservation, charitable contributions, and tax planning. While the benefits are many, the consequences of a poorly drafted trust can be significant.