Planning for Special Circumstances

The First Step is the Hardest Part

Last Monday, I took the whole day off work. I turned off my computer after making just a couple of phone calls that couldn’t wait, and…

Probating a Will

Is It Possible To Probate A Lost Will?

Probate is the legal process of proving the validity of a will. It is also commonly understood to refer to the legal process in which the estate of…

FAQs About Estate Planning

Is Real Property Purchased with an Inheritance during Marriage Separate or Community Property?

Texas is a community property state. Property is classified as community or separate property depending on when and how it was acquired. In Texas, all property…

Planning for Special Circumstances

Where Are Your Important Documents?

I got a call yesterday from a woman, who I’ll call Sue, whose mother suffered a stroke. Sue’s mom was only 67 years old. The stroke…

FAQs About Dying Without A Will, Intestacy

Will My Surviving Sibling Inherit My Entire Estate If I Die Without A Will?

I was contacted recently by a man I’ll call Jack, whose uncle had just passed away. Jack’s uncle was single, his parents had predeceased him, and…

Financial Powers of Attorney

Does A Durable Power Of Attorney Need To Be Notarized?

To be effective in Texas, a durable power of attorney must: be in writing signed by an adult name an agent or attorney in fact expressly provide that…

Probating a Will

What Are The Duties of An Executor?

When a person dies and probate is necessary, a court will appoint a personal representative, called an executor or administrator, to oversee the winding up of the…

Probating a Will

Independent Administration Simplifies the Probate Process

Probate has gotten a bad reputation as being expensive and causing delays. As a result, many people try to avoid it at all cost. In many states,…

Financial Powers of Attorney

Is It Necessary to File A Durable Power of Attorney?

A durable power of attorney gives you the power to appoint a trusted family member or friend as an agent to manage your finances if you are…

How Property Distributed When Someone Dies Without A Will

The Rigidity of the Intestacy Statutes

I received an email this week from a grieving and very frustrated man. He lost his wife this month after sixteen years of marriage. Both he…