Vela & Del Fierro, P.C.Vela & Del Fierro, P.C.2026-09-21T14:53:25Zhttps://www.vdflaw.com/feed/atom/WordPress/wp-content/uploads/sites/1203665/2026/04/cropped-Fav-0-1-32x32.pngOn Behalf of Vela & Del Fierro, P.C., Attorneys at Law<![CDATA[Does Senate Bill 2320 make your first-time DWI a felony in Texas?]]>https://www.vdflaw.com/?p=505002026-09-21T14:53:25Z2026-09-21T14:53:25ZHeadlines about Senate Bill 2320 left many Texans wondering whether a first driving while intoxicated (DWI) is now a felony. The short answer is no. Lawmakers proposed tougher penalties in 2025, but the bill never became law. The proposal nevertheless sought substantial increases in the penalties for several DWI offenses.
What the bill would change
SB 2320 sought to increase the punishment for several DWI offenses during the 2025 legislative session. One proposed change targeted people with no previous DWI convictions. Instead of treating their offense as a Class B misdemeanor in most cases, the bill called for Class A misdemeanor penalties. This would have increased the possible jail term to one year and the maximum fine to $4,000. The proposal also called for state jail felony charges when a person's alcohol concentration reached at least 0.15. The same offense level would have applied to a person with a prior DWI conviction.The Senate passed the bill 28 to two in April 2025. However, it stalled in a House committee and did not receive final legislative approval. Therefore, the proposed changes did not take effect.
What the law says today
Under current Texas law, a first DWI is generally a Class B misdemeanor. A conviction can bring up to 180 days in jail and a fine of up to $2,000. However, a first DWI involving an alcohol concentration of 0.15 or higher is a Class A misdemeanor.Certain circumstances can also lead to felony charges. Driving while intoxicated with a child under 15 in the vehicle is a state jail felony. A person may also face felony intoxication assault charges if their intoxication seriously harms another person. Texas also increased the consequences for certain DWI offenses near schools in 2025. A person who drives while intoxicated through a school crossing zone when the reduced speed limit is active may face a state jail felony charge.
What a lawyer can offer
DWI charges and penalties depend on the circumstances of each case. A criminal defense attorney can determine which laws apply, review the evidence and explain the available options. Understanding the specific charge and its possible consequences can help someone make informed decisions about how to proceed.]]>On Behalf of Vela & Del Fierro, P.C., Attorneys at Law<![CDATA[Workplace injury in San Antonio: Third party lawsuits]]>https://www.vdflaw.com/?p=504902026-09-11T12:41:50Z2026-09-11T12:41:50ZHow third party claims differ from workers' compensation
Workers' compensation provides no-fault payments for doctor care, lost wages and funeral costs. In contrast, third-party lawsuits proceed in civil court against outside people or companies that caused your injury.
Under Texas law, a workers' compensation insurance company can claim a portion of your lawsuit settlement to repay benefits already paid out. This rule prevents double payment while covering initial medical care.
Common situations that lead to third party liability
Job site accidents often involve companies outside your direct employer. Subcontractors, tool makers and property owners must keep work zones safe for everyone. Common examples of third-party fault on job sites include:
Defective power tools or dangerous machine design
Careless actions by sub-contractors on shared work sites
Dangerous property conditions on commercial job sites
Car crashes caused by careless drivers while you work
Spotting these external parties opens extra paths to seek money under Texas civil law.
Types of financial recovery available in Texas civil court
A successful third-party claim covers losses that standard state benefits leave out. Injured workers can seek payment for financial and personal damages caused by the accident. Recoverable compensation in a civil lawsuit includes:
Full payment for past and future lost pay
Complete reimbursement for therapy and future doctor visits
Cash payment for physical pain and emotional distress
Money for permanent physical damage or scars
Under Texas proportionate responsibility law, your payment drops by your percentage of fault up to 50%. You receive zero money if a judge or jury finds you more than 50% responsible for the accident.
Get honest guidance about your legal options
Clear knowledge about Texas laws helps protect your family's financial security. A conversation with an experienced legal professional helps you review every option without worry.
]]>On Behalf of Vela & Del Fierro, P.C., Attorneys at Law<![CDATA[A guide to inheriting San Antonio property without a will]]>https://www.vdflaw.com/?p=504582026-08-27T10:11:17Z2026-08-27T10:11:17ZHow Texas intestate succession works
In Texas, intestate is the legal term for when someone passes away without a valid will. When this happens, state law determines how the person’s property is distributed, with priority typically given to a surviving spouse and children. Whether it is a family home in Monte Vista or a ranch on the outskirts of Bexar County in the San Antonio area, Texas intestate law generally keeps assets within the family.
Community vs. separate property
In Texas property law, the main difference is between community property and separate property. Community property is usually anything gained during the marriage. Separate property is what someone owned before marriage, or what they received as a gift or inheritance.
This distinction determines the exact share children inherit. Navigating these classifications is a standard part of the Texas intestate probate process that Bexar County courts oversee to ensure a fair distribution.
Is probate always necessary?
No, a formal probate administration is not always required when someone dies without a will in Texas. For many families, utilizing an heirship affidavit that San Antonio legal standards require is an option that does not need a probate court case.
This tool can be a helpful way to update the deed and clear the title without going through a full probate process. It can also make transferring property easier, faster and less stressful for the family while helping ensure that assets pass to the correct people.
Safeguarding a multi-generational legacy
Your parent’s hard work should not be lost to confusion. The legal process exists to help protect your family’s assets for the next generation. If you are unsure of how to handle a loved one's estate, the San Antonio probate team at Vela & Del Fierro, P.C. can provide the guidance you need.]]>On Behalf of Vela & Del Fierro, P.C., Attorneys at Law<![CDATA[How to navigate cross-border property and probate law]]>https://www.vdflaw.com/?p=504562026-07-03T11:09:53Z2026-07-03T11:09:53ZConsider starting probate in Texas
When someone dies with property in both Texas and Mexico, the estate often starts with probate in Texas. Under Texas law, you generally need to file a will with the proper court within four years after death unless an exception applies. After the court appoints a personal representative, that person can begin handling the estate.
Authenticate estate documents
Mexican authorities do not automatically accept probate records from Texas. You may need certified death certificates, court orders and other documents with an Apostille. You must also provide certified Spanish translations before officials can use those records in Mexico.
Begin the Mexican succession process
Property in Mexico usually needs a separate succession process before heirs can receive title. A Texas probate case alone generally will not transfer Mexican real estate. At this stage, local officials may evaluate the inventory and required filings.
Review restricted-zone ownership rules
Some residential property near Mexico’s coastline or land borders uses a Mexican bank trust called a fideicomiso. If the trust names a substitute beneficiary, the property often passes under those terms. Without that designation, you might need more legal steps before anyone transfers or sells the asset.
Evaluate tax obligations in both countries
Texas does not impose a state inheritance or estate tax. Even so, federal estate tax rules could still apply based on the estate’s value. Mexico may also require taxes for some transfers or sales, so families should review both systems before property changes hands.
Careful planning can reduce future complications
Cross-border estates often involve different courts and filing rules. Even a small mismatch between records could slow the process or lead to disputes among beneficiaries.
For that reason, legal guidance may help families coordinate both proceedings and protect beneficiary interests. Professionals familiar with Texas and Mexican law can also ensure each requirement is addressed before ownership transfers.]]>On Behalf of Vela & Del Fierro, P.C., Attorneys at Law<![CDATA[Could dash cam footage speak for you after a crash?]]>https://www.vdflaw.com/?p=504532026-05-26T16:23:54Z2026-05-26T16:23:54ZWhat might a court look for before viewing footage?
Judges typically seek confidence that a video shows what you say it shows. To support that, you might need to explain basic details about the recording and how you handled it.
You may want to be ready to describe:
When and where the recording occurred
How your camera records and stores video
Whether the footage stayed unchanged after the incident
It might also be helpful to share information about your dash cam setup, including the make and model, when you installed it and how it operates day to day. If you still have a receipt or installation record, you could keep it available since it may help show that the equipment worked as expected.
What objections could the other side raise?
You might think your footage looks clear, but the other side may still challenge it. They might argue that the footage does not relate to the disputed issues or could unfairly bias the decision.
Silent video footage showing physical events generally does not raise hearsay concerns in Texas courts. However, if your device recorded voices or captured gestures meant to communicate a message, the court might treat those elements differently from the visuals. Additionally, poor video quality, missing timestamps or low visibility could lead a judge to exclude the footage entirely due to authentication concerns or the risk of misleading the court.
Preserving your footage may strengthen its usefulness
After a collision, you might want to preserve your recording as soon as you reasonably can. You may want to keep the original file intact while also saving a backup copy. You could also note who accessed the footage and when, since a clear history of handling may help reduce disputes about edits or missing segments.
Dash cam footage might not guarantee admission in court, yet careful handling and clear context could make it more persuasive when you need it most.]]>On Behalf of Vela & Del Fierro, P.C., Attorneys at Law<![CDATA[The 15-day deadline to protect your license after a DWI ]]>https://www.vdflaw.com/?p=504632026-09-01T00:56:04Z2026-05-10T05:00:18ZWhat does the 15-day ALR deadline require?
After your arrest, the officer usually gives you Form DIC-25, which serves as the suspension notice and a temporary driving permit. You then have 15 calendar days to request an Administrative License Revocation (ALR) hearing and challenge the proposed suspension of your license. The ALR process addresses your driving privileges and is generally separate from the criminal DWI charge.
In Texas, the ALR process may apply when you refuse or intentionally fail to provide a requested breath or blood specimen or when a completed test shows an unlawful alcohol concentration. The deadline runs from the date you receive notice, which is often the arrest date. However, if the Texas Department of Public Safety (DPS) later mails notice after receiving blood-test results, you have 20 days from the mailing date to request a hearing.
How a timely request can preserve your driving privileges
Requesting a hearing on time may not guarantee that you will retain your license. However, it can delay the proposed suspension until an administrative law judge reviews the evidence. That added time may provide several practical protections. Some of them include:
Continued driving authority: Your temporary permit normally expires 40 days after service of the notice. A timely filing usually lets you keep driving while you await the hearing.
A chance to contest suspension: DPS generally must prove the findings required for suspension. If the agency does not meet that burden, the judge will prevent the proposed action from taking effect.
Early review of evidence: The hearing may allow you or your attorney to examine records and question witnesses under oath. Their answers could reveal issues relevant to the criminal prosecution.
Missing the deadline generally means losing access to these potential benefits. DPS states that it will deny a late request, and the suspension typically begins on the 40th day after notice. For a driver age 21 or older whose record shows no qualifying alcohol- or drug-related enforcement contact during the previous 10 years, a failed test carries a 90-day suspension. A refusal results in a 180-day suspension under the same lookback rule.
Why an early response could shape your case
A first arrest often creates several legal and practical concerns at once. The short administrative timetable can add urgency because the criminal court schedule does not pause it.
Meeting that separate deadline may require you to identify when the notice period began and submit your hearing request on time. An attorney familiar with DWI and ALR proceedings can assist with these tasks and assess the government’s evidence.]]>On Behalf of Vela & Del Fierro, P.C., Attorneys at Law<![CDATA[Updating your will and beneficiaries after a later-life divorce ]]>https://www.vdflaw.com/?p=504602026-09-01T00:54:25Z2026-04-15T05:00:52ZWhy your existing plan may no longer work
In Texas, after a final divorce, the law generally treats your former spouse and certain relatives of that spouse as though they died before you for purposes of your will. This rule does not apply if the document expressly provides otherwise, and it does not create new instructions or select people you now trust.
Suppose your will leaves everything to your former spouse but names no alternate beneficiary. Treating your former spouse as having died before you could send the property through alternate provisions in your will or, if none apply, Texas intestacy law. Your children might inherit, but their shares could differ from what you intended.
How to revise each part of your plan
A complete review often covers documents and accounts that transfer property differently. These core tasks can provide a useful framework:
Prepare a new will. Replace outdated gifts and name the children, grandchildren or other beneficiaries you choose. Appoint a new executor and backups if your first choice cannot serve.
Check every beneficiary form. Review life insurance, annuities, IRAs, 401(k)s and payable-on-death accounts. Divorce affects some designations, but federal law, the divorce decree or the account terms may produce a different result. Submit updated forms directly to each institution.
Revisit decision-making documents. Examine your financial power of attorney, medical power of attorney and other advance care documents. Updated forms can identify who will handle your money or health care decisions if you become unable to act.
Follow signing rules. A standard written will generally requires your signature and the handwritten signatures of two credible witnesses who are at least 14 years old. Using disinterested witnesses can reduce the risk of a dispute involving a witness’s gift.
After completing these updates, confirm that each institution has recorded your changes. Keep the original will in a secure place and tell your executor where to find it. You can also review deeds, trusts and transfer-on-death arrangements for outdated terms.
Protecting the legacy you intend to leave
A gray divorce often changes personal ties and the property available for inheritance. Coordinating your documents can reduce gaps and give your chosen representatives clear instructions.
An estate planning attorney may support that process by explaining how your divorce decree, probate law and account rules interact. That guidance can help direct your property to your children and carry out your present intentions.]]>On Behalf of Vela & Del Fierro, P.C., Attorneys at Law<![CDATA[Matrimonio de Hecho: Are common-law spouses protected in Texas?]]>https://www.vdflaw.com/?p=504182026-03-23T15:39:42Z2026-03-23T15:39:42ZWhen Texas recognizes a common-law marriage
Texas recognizes common-law marriage, also called informal marriage, but it does not do so automatically. The law requires clear proof that both partners intend to be married.
To meet this standard, you and your partner must agree that you are married, live together in Texas as spouses and present yourselves to others as married, such as by using “husband” or “wife.” All three elements must exist at the same time.
Living together for many years does not satisfy the requirement on its own. Courts look closely at how you and your partner define and present your relationship, both in private and in public.
If any element remains unclear or missing, you may face real challenges when trying to prove that a legal marriage exists, especially during a divorce or when asserting inheritance rights.
What rights do common-law spouses actually have?
If your relationship meets Texas requirements, the law treats it the same as a formal marriage. That can include:
Property rights in a divorce, where assets acquired during the relationship may be treated as shared under Texas law
Inheritance rights, which may allow you to receive assets from your spouse
The requirement to go through a legal divorce to formally end the relationship and divide property
These protections can significantly shape what happens when circumstances change. For example, if the relationship ends, both partners may need to resolve property division through divorce. If one partner dies, the surviving partner may have a legal right to inherit.
Without legal recognition, one partner may have no claim to property they helped build or maintain. A surviving partner may also face added difficulty when dealing with family members or managing final arrangements.
Why this matters for you and your family
Many people rely on trust rather than formal steps. While that approach may work day to day, it can create legal risk when circumstances shift.
Events such as a separation or the death of a partner can bring legal questions that require proof, not assumptions. These moments often involve issues like property division or inheritance, where legal status becomes critical.
The situation can become more complex when significant assets or extended family relationships are involved. Understanding how Texas law views your relationship can help you better anticipate how these situations may unfold and what protections may be available to you.
]]>On Behalf of Vela & Del Fierro, P.C., Attorneys at Law<![CDATA[2 essential probate letters: Testamentary vs. administration]]>https://www.vdflaw.com/?p=504172026-01-16T09:02:05Z2026-01-16T09:02:05ZThe Texas probate process does not wait for grief to subside. When you are responsible for a loved one's estate, understanding the difference between Letters Testamentary and Letters of Administration becomes immediately important. These two legal documents grant similar powers but apply in fundamentally different scenarios.
Fulfilling the wishes of a valid will
When a person leaves a valid will, they usually name an executor to handle their affairs. The court reviews the document to ensure it meets the statutory standards before granting authority. Once the judge approves the filing and the executor takes a formal oath, the court clerk issues Letters Testamentary.This document serves as your official "key" to the assets. It tells third parties that the deceased trusted you to carry out their final wishes. With these letters, you can pay outstanding bills, sell real estate and eventually distribute property to the beneficiaries named in the will.Because you are acting on behalf of a deceased person, the law treats you as a fiduciary. This high legal standard means you must put the interests of the beneficiaries above your own.
Managing an estate without a will
If your loved one passed away without a will, the probate process takes a different route known as "intestate" succession. Since no document names an executor, the court must appoint an administrator to step into that role.The court issues Letters of Administration to grant that person the legal right to act. This process requires identifying all rightful heirs through formal hearings as mandated by Texas law. A priority order for administrators must be followed, beginning with the surviving spouse and then adult children.As an administrator, you will typically need to post a bond, which is essentially an insurance policy protecting the assets against mismanagement. You will face increased court oversight compared with executors, often requiring permission before selling property or paying certain debts, and must submit regular updates.
Moving forward with the probate process
Securing these letters is often the first major milestone in closing a loved one’s estate. While both documents empower you to handle financial matters, the specific path you take depends entirely on the paperwork left behind. Understanding these distinctions helps you fulfill your fiduciary duties while respecting the legal requirements of the state.]]>On Behalf of Vela & Del Fierro, P.C., Attorneys at Law<![CDATA[Safeguarding your digital presence in your Texas Will]]>https://www.vdflaw.com/?p=504152026-01-06T19:18:22Z2026-01-06T19:18:22ZThe Power of TRUFADAA
The Texas Revised Uniform Fiduciary Access to Digital Assets Act (TRUFADAA) bridges the gap between privacy and probate. This law allows you to explicitly grant your executor the authority to manage digital assets as if they were you. However, the law is not automatic. Your Will must include specific language granting "lawful consent" for the disclosure of electronic communications to bypass privacy restrictions.
Potential challenges
Without TRUFADAA-compliant language, your family may encounter obstacles such as:
Cryptocurrency: While a "seed phrase" cannot be included in a public Will, you must authorize your executor to handle the digital tokens or hardware wallet
Sentimental data: Companies like Meta often require court orders or specific consent to release photos or emails
Also, there are some online-only bank accounts or reward points that may be forfeited if the executor cannot demonstrate legal rights to the digital records.
Securing your digital legacy
Begin by using online tools provided by platforms (such as Inactive Account Manager by Google), as these override Wills under Texas law. Also, ensure your Will has a Digital Assets Clause that mentions TRUFADAA and authorizes your executor to access your electronic communications. If your estate plan needs an update, reach out to a lawyer as soon as you can.
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