The Law Offices of David E. RohlfThe Law Offices of David E. Rohlf2026-05-08T13:05:28Zhttps://www.attorneylawrockwall.com/feed/atom/WordPress/wp-content/uploads/sites/1103764/2024/04/cropped-David_E_Rohlf_site_icon-32x32.pngOn Behalf of The Law Offices of David E. Rohlf<![CDATA[3 common mistakes to avoid during a divorce in Texas]]>https://www.attorneylawrockwall.com/?p=2560942026-05-08T13:05:28Z2026-05-08T13:05:28ZHiding assets or being dishonest
One of the biggest mistakes you can make is attempting to hide assets or provide false information during divorce proceedings. Texas courts generally require full financial disclosure from both parties. Dishonesty could have serious consequences.
If the court discovers you have concealed property, bank accounts or income, it might award a larger portion of the estate to your spouse to achieve a “just and right” division. Courts typically award your spouse a share of the value you hid or depleted.
It may help to gather complete financial records and be transparent about all assets and debts. Honesty and openness not only keep you in good standing with the court but also help ensure a fair division of property.
Letting your emotions affect your decisions
Allowing feelings of anger or betrayal to cloud your judgment may lead to outcomes you might regret. You might feel tempted to fight over items with little financial value simply to hurt your spouse. However, this may increase legal fees and prolong the divorce process.
Consider focusing on your long-term goals rather than achieving short-term satisfaction. Take some time to think about what truly matters for your future financial security and well-being. Cooling down before making major decisions and seeking support from a therapist or counselor could provide you with clarity and peace of mind.
Neglecting to update your estate plan
After finalizing your divorce, it might help to review and update your estate planning documents. Many people forget to change beneficiaries on life insurance policies, retirement accounts and wills. Texas law generally revokes beneficiary designations and will provisions in favor of an ex-spouse by operation of law.
However, federal laws such as ERISA typically govern many employer-sponsored retirement accounts, including 401(k)s and pensions. These laws could override state protection, which means your spouse might receive certain assets in the divorce. To ensure full protection, you may want to consider updating all beneficiary designations yourself rather than relying solely on state law.
You might want to create a checklist of documents that need updating, including your will, power of attorney, medical directives and any trust documents. Addressing these changes promptly could ensure your wishes are properly reflected and protect your loved ones.
Protecting your interests during the divorce process
The choices you make during your divorce have the potential to shape the foundation of your future. By being honest about assets and updating your estate plan, you may protect both your assets and emotional well-being. Making informed decisions could make it easier to start a new chapter in your life after separating from your spouse.]]>On Behalf of The Law Offices of David E. Rohlf<![CDATA[4 reasons why every Texan needs a durable powers of attorney]]>https://www.attorneylawrockwall.com/?p=2560922026-04-13T16:21:54Z2026-04-13T16:21:54ZMany Texans assume a spouse or adult child can step in and manage their finances during a medical emergency. However, without legal authority, they often cannot. Banks may freeze your accounts so your family may struggle to pay the bills. Your loved ones could lose access to the funds they need to care for you. Fortunately, there is a straightforward way to make sure that never happens.
What is a durable power of attorney?
A Durable Power of Attorney (DPOA) gives you the power to designate someone you trust to step in and handle your financial decisions when you can no longer do so yourself. In Texas, this document stays valid even if you become incapacitated. You can choose to make it effective immediately, or you can set it to spring into effect only after a doctor certifies that you can no longer make your own decisions. Simply put, a DPOA is a proactive way to stay in control of your finances even when life takes an unexpected turn.
Four benefits of having a DPOA in Texas
Now that you understand what a DPOA is, it is equally important to understand why having one matters especially in Texas, where family ties, property and financial responsibilities run deep.Here are four reasons why a DPOA should be part of your estate plan:
It keeps you out of court: Without a DPOA, your family may have to petition a Texas court to appoint a guardian, a process that is expensive, time-consuming and emotionally draining for everyone involved.
It keeps your finances moving: A DPOA ensures your family pays the bills on time, keeps your bank accounts active and manages your property properly, so they never have to scramble during an already difficult time.
It protects your assets: The law requires your agent to act in your best interest, which shields your home, savings and other assets from mismanagement or financial abuse.
It works for your Texas lifestyle: Whether you own a ranch, receive oil royalties or run a small business, you can tailor your DPOA to protect what matters most to you and your family.
Together, these four benefits show that a DPOA is not just a legal document, it is a practical shield for your family and your estate. The good news is that getting one is easier than you might expect.
Take the first step toward peace of mind
With so much at stake, taking even one small step today can make a world of difference for the people you love. A DPOA is one of the most thoughtful decisions you can make for yourself and for those who depend on you. You cannot always predict what tomorrow holds, but you can prepare for it. Thus, understanding your options is the first step and the right guidance can make that process feel far less overwhelming than you might think.]]>On Behalf of The Law Offices of David E. Rohlf<![CDATA[3 key benefits of divorce mediation]]>https://www.attorneylawrockwall.com/?p=2560812026-03-02T09:57:16Z2026-03-02T09:48:03ZIt is less expensive
When you choose litigation for your divorce, it will involve formal hearings and varying timelines that may be outside of your control. Since you are paying for your legal fees and court costs, your divorce can become expensive to manage.
Mediation typically takes a few hours to complete, helping you avoid many court-driven expenses. Even if the process requires you and your spouse to hire your own lawyers, mediated settlements often reduce the overall costs because the negotiations are more focused.
It offers flexibility and control
In mediation, you and your spouse will have a neutral mediator who will help you discuss your disagreements outside of court. Unlike a judge, who determines outcomes based on law and limited facts, a mediator can help both parties draft an agreement that can reflect their priorities.
Since the document is tailored to your family’s unique needs, it can provide the both of you with better flexibility to create solutions for key matters like asset division, custody, and/or spousal maintenance.
It gives your family privacy
Court proceedings are public records. In mediation, your family’s history and other sensitive information are kept out of public files. This privacy can help protect your reputation and your children from unnecessary disclosure.
Aside from this, the confidential nature of mediation can offer you and your spouse a safer space for honest conversations, which can lead to more durable agreements.
By learning the benefits of mediation, you can weigh your options better
While mediation may not be ideal for everybody, it can provide you and your spouse with a humane path through divorce. By prioritizing your family’s privacy and rooting for a tailored approach, your mediation process can help provide you with a settlement that can support your respective goals for the future.]]>On Behalf of The Law Offices of David E. Rohlf<![CDATA[3 standard requirements when drafting a will]]>https://www.attorneylawrockwall.com/?p=2560792026-01-28T21:37:39Z2026-01-28T21:37:38Z1. A written instrument
Digital technology makes it possible for people to communicate with audio recordings or through video footage. Video and audio recordings can be useful supplementary materials to a will. Testators can leave recordings speaking to their loved ones and explaining some of their choices. However, recordings cannot serve as testamentary instruments. A will must be in writing to be valid and enforceable.
2. A competent testator
Generally speaking, anyone over the age of 18 may have the necessary legal authority to draft a will. Teenagers who have pursued emancipation from their parents may also have testamentary capacity. However, serious medical challenges can undermine testamentary capacity and lead to questions about the validity of a will. Individuals may want to see physicians to validate their mental state and ensure there are records of their competency if they review or draft wills later in life.
3. Two credible witnesses
The law also requires that other people witness the signing of the will. They must be 14 years old or older. This obligation minimizes the possibility of fraud or undue influence exerted for personal living. Best practices include choosing uninterested witnesses who do not stand to inherit from the estate. Witnesses can later testify in court if there are questions about a person's identity or their mental state at the time of the will’s creation.
Understanding and complying with the minimum requirements for a valid will can help people more effectively control their legacies and minimize conflict about their estate plans. The guidance of an estate planning attorney generally makes it easier for adults to draft wills that meet all regulatory requirements.
]]>On Behalf of The Law Offices of David E. Rohlf<![CDATA[Was a search conducted by police officers illegal?]]>https://www.attorneylawrockwall.com/?p=2560772026-01-10T19:12:21Z2026-01-10T19:12:21ZPolice officers respond to reports of criminal activity and investigate situations that appear to include criminal elements. Police officers often gather the evidence that prosecutors require to bring charges against individuals.
To secure evidence, police officers physically search homes and vehicles. They may pat down individuals. They often review financial and telephone records to secure evidence of criminal activity. They may talk to the person suspected of a crime and anyone in their inner circle in their attempts to prove that a crime occurred. Defendants and their defense attorneys typically have the right of discovery during criminal proceedings. The state must provide them with access to the evidence the prosecution may present during a trial. In some cases, the defendant may claim that police officers broke the law or violated their rights by conducting an inappropriate search. Such claims can have a profound impact on the outcome of criminal proceedings.
When is a search inappropriate?
The Fourth Amendment largely protects people in the United States from unnecessary searches and property seizures. Police officers intending to search vehicles or private property, including residences and businesses, often need warrants to ensure the legality of their searches. Occasionally, the police may search without a warrant if they have probable cause. They need to be able to articulate a suspicion of specific criminal activity to justify searching without a warrant. In scenarios involving a pat-down or bodily search of an individual, police officers need to have a credible suspicion of a dangerous weapon or to conduct the search after they already have probable cause to justify an arrest. Searches that occur without probable cause or permission may violate the rights of an individual, which could have a profound impact on the upcoming trial.
Lawyers can suppress ill-gotten evidence
If police officers violate an individual's rights by conducting an unlawful search, the prosecutor may not be able to use the evidence obtained during that search. A defense attorney can invoke the exclusionary rule and ask the courts to suppress evidence obtained through inappropriate searches. The suppression of evidence can sometimes lead to the dismissal of pending charges. Other times, evidence suppression can make it much easier for the defense team to raise a reasonable doubt about the prosecutor's claims. Discussing the conduct of police officers and suspicions about inappropriate searches could help defendants assert their rights. An illegal search could ultimately prove beneficial for a defendant hoping to fight their criminal charges.]]>On Behalf of The Law Offices of David E. Rohlf<![CDATA[Do creditors have any rights when debtors file for bankruptcy?]]>https://www.attorneylawrockwall.com/?p=2560742025-12-08T14:03:06Z2025-12-08T14:03:06ZWhat motivated a bankruptcy?
People who owe money typically file for bankruptcy for one of two reasons. The first is to delay litigation, foreclosure or other aggressive collection efforts by securing an automatic stay. All collection efforts typically stop until the resolution of the filing.
The other reason that those in debt file for bankruptcy is to discharge their eligible debts. They can prevent creditors from continuing their collection efforts by reporting the debt, following the bankruptcy process and discharging what they owe. Creditors often despair of recouping their losses after learning that a debtor has filed for bankruptcy.
How can creditors respond?
Bankruptcy laws do take the rights of creditors into consideration. Frequently, frustrated creditors may have the option of initiating an adversary proceeding. An adversary proceeding is a supplementary civil lawsuit filed in relation to an open or pending bankruptcy case.
In some situations, creditors ask the courts to lift the automatic stay. In certain situations, the courts may allow creditors to resume collection activities, including repossession, foreclosure or litigation. An adversary proceeding could also lead to the exclusion of a debt from the bankruptcy case.
A credit card company that can show how a debtor drastically altered their spending habits by increasing their use of credit in the weeks before their bankruptcy filing could allege fraud. They could assert in court that the debtor made those purchases with no intention of repaying the associated debt. The courts may agree to exclude certain debts from the bankruptcy case or to dismiss the bankruptcy due to the conduct of the filer.
Other times, litigation could raise questions about fraudulent transfers intended to hide resources from creditors or the courts. Gifts made to other parties and assets transferred into a trust shortly before a bankruptcy could be indicative of fraud.
Frustrated creditors unsure of how to respond to a bankruptcy filing may be able to initiate civil litigation in response to the bankruptcy case. Reviewing a debt itself, prior collection efforts and the details of a bankruptcy filing with a skilled legal team can help creditors evaluate their options effectively.]]>On Behalf of The Law Offices of David E. Rohlf<![CDATA[What is the process for adopting a stepchild?]]>https://www.attorneylawrockwall.com/?p=2560722025-11-10T11:28:06Z2025-11-10T11:28:06ZObtain appropriate consent
Stepparents sometimes rush to the conclusion that adoption is the best option or possibly the only path forward for the family. However, there could be unique family circumstances that make a stepparent adoption less than ideal.
Stepparents often begin the process by discussing their intentions with their spouses to secure their permission. If the spouse approves, then the next step may be to talk with the child. The courts may inquire about their preferences if they are 12 or older.
Stepparents should verify that their stepchildren want the adoption to occur. They might feel strongly about preserving their legal connection to their other parent in some cases, even if they love and respect their stepparent.
The most difficult step in the process is often pursuing the consent of the other parent. Typically, surviving parents must rescind their parental rights for a stepparent adoption to be possible. Unless the situation meets the relatively strict standards for the courts to proceed without parental consent, such as a protracted abandonment by one parent, the other parent generally needs to voluntarily consent to the adoption by surrendering their parental rights.
Present the matter in court
Even with the consent of everyone involved, legal approval of the adoption is still necessary. A judge has to review the paperwork and learn about family circumstances.
Typically, they need to feel confident that the adoption is in the child's best interest. A successful stepparent adoption can give a stepchild access to employment benefits and inheritance rights. The process can also protect the relationship between the stepparent and the stepchild.
Having guidance and legal support while navigating family law matters, such as a stepparent adoption, can increase the chances of success. Stepparents need support to ensure they fulfill all legal requirements for adoption, and that’s okay.]]>On Behalf of The Law Offices of David E. Rohlf<![CDATA[Who can inherit as an heir in Texas?]]>https://www.attorneylawrockwall.com/?p=2560702025-10-05T13:50:30Z2025-10-05T13:50:30ZThe law prioritizes close family
Intestate succession statutes clearly outline what should happen with the property belonging to an individual after their death. In the absence of an estate plan, the law protects dependent family members. Spouses and children have the strongest legal rights as heirs when an individual dies.
If a person dies with a spouse but no children, then their spouse might potentially inherit all of their resources. The same is true when people pass with children but no spouse. In scenarios where the decedent has neither a spouse nor surviving children, then other family members may have the right to inherit.
Parents, siblings, grandchildren and even distant relatives can inherit as heirs when people die without estate plans. Generally speaking, only those with legal or biological connections to the decedent have rights as heirs.
Unmarried romantic partners and lifelong friends have no protection under intestate succession statutes. Stepchildren whom the decedent failed to adopt typically also lack the right to inherit, even if they lived with the decedent for years. They can only inherit if the decedent has the foresight to draft an estate plan. Otherwise, unless they co-own assets with the deceased person, anything they may receive from the estate depends on the goodwill of the legal heirs with a statutory right of inheritance.
Those who understand the laws that govern probate proceedings can more effectively administer estates. Identifying errors and communicating with those affected are both key probate responsibilities.]]>On Behalf of The Law Offices of David E. Rohlf<![CDATA[Who keeps a family home after a Texas divorce?]]>https://www.attorneylawrockwall.com/?p=2560672025-09-07T20:58:38Z2025-09-15T20:56:53ZThe spouses can reach an agreement
Divorcing couples have the option of pursuing uncontested divorces. They set their own terms that they both agree are reasonable. If one spouse had already owned the home before marriage or purchased the property from family members, then they might have a stronger interest in the property.
People may need to ask themselves earnestly whether they can afford the house. If they can, then the next question becomes whether or not they can maintain the home without the support of a spouse.
Finally, the emotional impact of staying in the home after divorce can be important to consider. People still raising their minor children may be able to make new memories if they stay in the home. Those without children or whose children have already left may find that the memories of the marriage make living in the home after divorce challenging.
Judges can also decide who stays
Sometimes, both spouses can afford to keep the home and want to continue living there. In scenarios where spouses cannot reach an agreement about property division, they can ask a judge to divide their community property.
A judge can decide which spouse retains possession and how to compensate the other spouse for their share of equity. Judges could also potentially order spouses to sell the home and split the proceeds of the sale.
Staying in one’s home can be beneficial, but it isn't necessary for people to rebuild effectively after a divorce. Spouses who understand property division rules and the implications of addressing their marital home can make an informed decision about their divorce priorities accordingly.]]>On Behalf of The Law Offices of David E. Rohlf<![CDATA[3 options for those facing criminal charges in Texas]]>https://www.attorneylawrockwall.com/?p=2560652025-09-11T12:35:43Z2025-09-11T10:12:23Z1. Mounting a rigorous defense
Some people choose to take their charges to trial. They intend to exonerate themselves with the help of a criminal defense attorney. They try to prove that they were not present when the crime occurred or that extenuating circumstances limit their criminal culpability.
Other times, they bring in expert witnesses to counter the state’s evidence or investigate to undermine the credibility of jailhouse informants. A defense strategy that raises a reasonable doubt about criminal activity can help people avoid a conviction and the penalties that the courts might impose.
2. Negotiating a plea deal
A large percentage of criminal charges end with a plea deal. The defendant enters a guilty plea, often after their attorney secures a written agreement from the prosecutor. Plea deals may involve entering a guilty plea to a lesser offense or to only one out of multiple charges brought against the defendant.
Plea deals could also involve asking the prosecutor to take certain penalties off of the table. In some cases, the prosecution may even limit what information it submits to the courts to prevent certain details from becoming part of the public record and causing permanent challenges for the defendant.
3. Pursuing pretrial diversion
There are multiple ways to cooperate with the courts while avoiding a guilty plea. The state offers multiple specialty courts that focus on rehabilitation and treatment rather than punishment.
For example, there are drug courts that help people achieve sobriety through intensive oversight when their criminal charges relate to a substance abuse disorder. Pretrial diversion programs can help defendants avoid criminal penalties in many cases and might even allow a defendant to avoid a criminal conviction on their record in some cases.
Reviewing pending charges and their possible consequences with a skilled legal team can help defendants select the best response to criminal allegations. Those facing serious criminal charges often need support as they prepare to respond, and that’s okay.]]>