Estate Planning, FAQs About Estate Planning

Prepare for the Death of the Stretch IRA

No laws affecting retirement plans are final yet, but there are certain changes on the horizon that may require tweaks to your estate plans. The Setting Every Community…

Choosing a Guardian, Estate Planning

Can I Name a Relative Who Lives Abroad as Guardian of My Children?

A colleague in a listserv to which I subscribe asked an interesting question: Can parents name a relative who lives in a foreign country as guardian of…

FAQs About Probate, Probate

Is Property My Spouse and I Owned in Another State Community Property or Separate Property?

John and Jane Doe didn’t always live in Texas. Earlier in their marriage, they lived in another state, where John purchased a house the couple lived in…

Estate Planning, Planning for Special Circumstances

What are the Rights and Responsibilities of a Life Tenant in Texas?

In Texas, life tenant has important legal rights and responsibilities when occupying property under a life estate. Understanding these key legal insights helps ensure compliance with Texas law…

Estate Planning, Planning for Special Circumstances

A Poor Prognosis? Call Your Estate Planning Lawyer!

I worked with a young couple last year. Both were in good health. They were happily married, had two small children, and were busy balancing their careers…

FAQs About Trusts, Trusts

Do I Need To Record My Trust in Texas?

In Texas a trust is not a legal entity. Rather, it is a legal relationship in which a trustee holds legal title for the benefit of…

FAQs About Powers of Attorney and Directives, Incapacity

Can I Appoint My Own Guardian In Case I Become Incapacitated?

A power of attorney can generally eliminate the need for a guardianship; however, a guardian may sometimes be required despite having a Texas medical power of…

The Risk of DIY Planning, Wills

Is Your Will Valid?

Her husband died a couple of months ago. She found what appeared to be a Will in his desk drawer. He had typed it up, signed it,…

FAQs About Trusts, Trusts

What are the Responsibilities and Duties of a Trustee of a Testamentary Trust?

Wills sometimes create testamentary trusts, trusts that spring to life after the death of a testator. When a testator includes a testamentary trust in his Will,…

FAQs About Probate, Probate

Can an Independent Executor Alter How my Property is Distributed?

A man who was named independent executor in a Will called me. Someone told him that as the independent executor, he had the right to distribute Testator…