Requirements of a Valid Will, Wills

What are the Mental Requirements for Making a Will?

A concerned daughter contacted me. Her mother’s Will was outdated, and needed to be updated. She has been wanting to make changes for years, but getting this…

Estate Planning, FAQs About Estate Planning

Will Your Surviving Spouse Disinherit Your Children

I have written before that if you are part of a blended family, making an outright distribution to your spouse may result in your children from…

Estate Planning, Planning for Special Circumstances

Beware of Love Scams

Is your elderly parent or grandparent involved in a new relationship with someone significantly younger? If so, beware. Thanksgiving may be a good time for you to…

Estate Planning, FAQs About Estate Planning

Can I Name Someone Other Than My Spouse As Beneficiary Of My 401(k)?

A concerned relative contacted me. Her cousin had been married for eight years before her recent death. Her deceased cousin had a son from a prior marriage.

FAQs About Probate, Probate

Is it Possible to Avoid Probate in Texas without a Revocable Trust?

I have written before that Texas has one of the most simplified probate processes in the country. If a testator instructs in his will that there…

Estate Planning, Retirement and End of Life Care

Living Life to the Fullest!

As an estate planning attorney, I’ve had the great privilege of working with many individuals who are nearing the end of their lives. Although elderly and sometimes…

Estate Planning, FAQs About Estate Planning

Do I Need to Execute a Lady Bird Deed before Applying for Medicaid?

A concerned daughter called me recently. She said she needed a Lady Bird Deed prepared by the end of the day. When I asked why she was…

FAQs About Powers of Attorney and Directives

Can I Authorize a Relative to Make Medical Decisions for my Minor Child?

I recently received a note from concerned grandparents. Their daughter had died, and their son- in-law worked twelve hours a day, seven days a week, and was…

Financial Powers of Attorney, Incapacity

Can a Bank Reject a Valid Power of Attorney?

NB: The following post reflects old law. Effective September 1, 2017, the Estates Code requires financial institutions to accept powers of attorney unless one or more enumerated grounds…

Intestacy, The Complexities of Intestacy in Blended Families

Can I Fight the Intestacy Laws?

I received a note recently from someone asking if it was possible for her to fight the intestacy laws. She and her husband had been married for 31…