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…

Odds and Ends

Will a Joint Account Pass to the Surviving Owner Outside of Probate?

The way multiple party account pass after the death of a joint account holder is determined by statute. Multiple party accounts that are held with rights of…

Odds and Ends

How Can I Protect My Disabled Sister From Neglectful Family Members?

I received a heartbreaking letter from someone concerned that her 60 year old old sister, who was in a terrible accident a year ago that left…

Estate Planning, FAQs About Estate Planning

Is an Attorney Absolutely Required for Estate Planning?

I received a new client application requesting information about how to set up a power of attorney and Will. The person who submitted the application said she…

Medical Powers of Attorney and Directives

Do I Have to Name My Children as Medical Power of Attorney?

She had two adult children, but her niece was more like a daughter to her. Her niece was also a nurse, who she believed would be better…

Estate Planning, FAQs About Estate Planning, Newsworthy

Where there’s a Will…

A few weeks ago, a journalist emailed me to ask if she could interview me for an article she was writing. The article she wrote appeared in the…

Estate Planning, FAQs About Estate Planning

Can I Change My Will Before My Divorce is Final?

There is a Texas statute that prohibits Courts from entering any orders that prevent parties in a divorce proceeding from changing his or her Will. Section 253.001 of…

FAQs About Dying Without A Will, Intestacy

How Will My Property Be Distributed If I Die Without A Will Before My Divorce is Final?

If you and your spouse are planning to divorce, you probably wouldn’t want your property distributed to him or her if you died while your divorce is…