Family Law

• Divorce
• Child Custody and Visitation
  Prior to this, Emily has a background working in civil litigation and family law, where she assisted families in handling divorce and child custody issues. She brings with her experience and knowledge in community property issues and pre-marital/post-marital agreements. Emily also volunteers with Volunteer Legal Services of Central Texas through pro bono cases and their Legal Advice Clinic.
• Guardianship
  The vast majority of probate cases and guardianship cases are uncontested. However, conflicts can and do arise, and when that happens it is important to have knowledgeable, competent, and aggressive representation. Our lawyers have represented clients in a variety of probate and guardianship disputes throughout Texas.

Health Law

• Social Security Disability
  Some of these major programs include: (i) Medicaid, which gives basic medical care; (ii) Supplemental Nutrition Assistance Program (SNAP/Food Stamps) and Supplemental Security Income (SSI), which provide allowances for food and shelter to people with disabilities; and (iii) Social Security Disability Insurance (SSDI), which helps those with a disability, but requires that the individual hasn’t been able to work for at least a year because of the disability.
• Medicaid Planning
  Legally speaking, any transfer of assets for less than fair market value (i.e., a gift) may subject you to a lengthy period of Medicaid ineligibility under a complex and confusing web of Medicaid regulations. Nevertheless, as with most areas of life, proper planning is rewarded and the failure to plan is not. Through proper Medicaid planning, you may be able to legally qualify for Medicaid and protect your assets for yourself now and your loved ones later. Please know our attorneys do not do Medicaid Planning. This is a highly specialized area of the law and though many estate planning attorneys profess to give advice in this area, they may not be qualified. We believe only a limited number of attorneys in Austin are truly capable of advising you in this area and we will be happy to provide referrals.

Trusts and Estates

• Estate Planning
  There are a myriad of legal strategies you might consider implementing as you design your estate plan. Regardless, there are a handful of "must have" estate planning documents you must create before anything else.
• Wills
  We often represent clients facing contested matters such as will contests, suits by and against executors and trustees, and disputes arising in trust and estate administration. Our attorneys have backgrounds in litigation, with a depth of experience gained from handling a broad variety of cases through discovery, mediation and trial right through the appellate process.
• Trusts
  Probate is the court and process that looks after people who cannot make their own personal, health care and financial decisions. These people fall into three general categories: Minor Children (under age 18 in most states); Incapacitated Adults; and People who have died with or without a Will. Probate proceedings in Texas, to admit a Will to probate, are relatively simple and inexpensive, unlike many states. There is no reason to fear probate or believe it will add unnecessary complication after a death. Occasionally there are reasons to avoid probate, but whether it is necessary to avoid probate is a very individual decision based on each person or family's unique situation. There is never a one answer that fits all. Some people may consider using a "Living Trust," and these can be very helpful and appropriate in some circumstances, and in some circumstances these can be an unnecessary expense and complication. The advice of an attorney who understands your particular needs can advise you regarding the advantages and disadvantages.
• Power of Attorney
  You should have: (i) a will – everyone needs a will; (ii) a health care directive for decisions concerning end of life treatment when you cannot make or communicate your own wishes; (iii) financial and health care powers of attorney authorizing "agents" you know and trust to take care of your financial matters and make your health care decisions when you are unable to do so yourself; (iv) a legal authorization that allows a loved one or friend to access your medical information.
• Probate

Finance Law

• Tax Law
  A regular visit with Barnes Lipscomb & Stewart PLLC helps ensure that your estate plan will still work as originally designed and provides an opportunity to make any needed course corrections based on your present situation, your future goals, and whatever tax law is currently in place. No drilling required! Barnes Lipscomb & Stewart PLLC will have a checklist of items to review about your estate plan, but you can ask about these...