Estate Planning, FAQs About Estate Planning, Financial Powers of Attorney, Incapacity

Avoiding Guardianship in Old Age

A few weeks ago, a client alerted me to an episode of the John Oliver show about guardianships gone wrong. A guardian is someone appointed by…

FAQs About Wills, Wills

Can I Change My Will Before My Divorce is Final?

Couples who are happily married make different estate planning choices than couples who are separated and heading towards divorce. Happily married couples generally create Wills that protect…

FAQs About Dying Without A Will, Intestacy

Will The State Get My Property If I Die Without A Will?

Everyone needs a Will. A Will allows you to dictate how your property will be distributed after you die. If you don’t have a Will, you lose…

Estate Planning, Planning for Special Circumstances

Does Your Insurance Policy Name Your Ex-Spouse As a Beneficiary?

Suppose you have a life insurance policy issued as part of an employee benefit plan which identifies your spouse as your primary beneficiary and your adult daughter…

Planning for Special Circumstances

Five Reasons Why Parents of Young Children Need Estate Planning

If you are a parent of young children, getting your estate plans in order can help you ensure that your minor children will be protected in the…

The Risk of DIY Planning, Wills

If I Write My Own Will, Do I Need A Lawyer To File It For Me At The Courts?

The title of this post came from a question I received last week. It’s one of many questions I receive each week that show significant confusion about…

FAQs About Probate, Probate

Who Can File An Application for Probate?

If an executor is named in a Will, then that person is generally the most logical person to file an application to probate the Will. The Texas Estates Code…

Estate Planning, FAQs About Estate Planning

Can a Relative Notarize My Estate Planning Documents?

According to the Texas Secretary of State, there is no rule that specifically prohibits a notary from notarizing documents for a relative; however, notaries should refrain from notarizing…

Estate Planning, Planning for Special Circumstances

Estate Planning For College Students

Eighteen years ago, as I strolled through Babies”R”Us with my newborn baby propped on my shoulder, a middle-aged woman walked up to me and said: “Enjoy…

Estate Planning, Questions About Estate Tax

Did the Tax Cuts and Jobs Act Preserve the Step-Up in Basis?

Under our country’s tax laws, it is the person making a gift (the donor) who is responsible for any gift tax that is due. The gift’s recipient…