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…

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…