Probate

How Long Do I Have to Contest a Will?

Section 256.205 of the Texas Estates Code provides that “After a will has been admitted to probate, any interested person may commence a suit to contest…

Choosing a Guardian

Can A Parent Appoint A Guardian For An Incapacitated Adult Child ?

The thing that worries most parents about dying is typically not what will happen to their stuff. It’s who will take care of their kids. And…

Requirements of a Valid Will

Does the Absence of a Self-Proving Affidavit Invalidate a Will?

Texas recognizes two types of written wills: An attested will is the most common type of Last Will and Testament. To be valid, it must be…

FAQs About Wills

What is the Difference Between Per Capita, Per Stirpes, and Per Capita with Representation Distributions?

Per stirpes and per capita are commonly used terms in wills, trusts, and intestate distribution statutes to describe how a deceased person’s estate is to be…

Questions About Estate Tax

Does Texas Have an Inheritance Tax?

The short answer to the question is no. Before 1995, Texas collected a separate inheritance tax, called a “pick-up tax.” The tax did not increase the…

Planning for Special Circumstances

A Mother’s Love

A few years ago, I read an article that reminded me of the extraordinary lengths parents will go to protect and provide for their children. It…

FAQs About Trusts

Can a Settlor Revoke or Modify a Trust?

Whether a Settlor, the person who creates a trust, can revoke or modify it depends on if the trust is irrevocable or revocable. According to Section 112.051…

Planning for Special Circumstances

Beyond Taxes: 10 Reasons Why Americans Without Taxable Estates Need an Estate Plan

NB: Rocket Lawyer Press invited me to contribute another guest post on an estate planning issue. Below is an excerpt of the article I wrote, as well…

How Property Distributed When Someone Dies Without A Will

What are the Inheritance Rights of Adopted Children?

If you are a parent of an adopted child in Texas and you die without a will, your adopted child will be entitled to the same inheritance…

FAQs About Trusts, Questions About Estate Tax

Does Portability Make Bypass Trusts Obsolete?

Before this year, bypass trusts were necessary to preserve a deceased spouse’s federal estate tax exemption. This is no longer the case. Under the new estate…