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…

Estate Planning, FAQs About Estate Planning

Will Jointly Owned Property Automatically Pass to My Spouse When I Die?

A lot of people mistakenly assume that all jointly-held property automatically passes to a surviving spouse when one spouse dies. That is not necessarily the case. Jointly-held…

Estate Planning, FAQs About Estate Planning, FAQs About Wills, Wills

Have You Reviewed Your Will Lately?

I always schedule a document review conference with my clients before they sign their Wills. It gives my clients the opportunity to ask questions they may have…

Estate Planning, The Texas Transfer on Death Deed

Does Property Passed by Transfer on Death Deed Receive a Step-Up in Basis?

When someone receives a gift, the recipient of the gift is not responsible for reporting the value of any gifts as income. Rather, it is the gift-giver,…

Odds and Ends

Have You Signed Your Will?

Humans are optimistic. We don’t dwell on the fact that death is inevitable, and that bleeds into our personal outlook for the future. It’s why we plan…

FAQs About Wills

What is a Testamentary Trust?

A testamentary trust is a dormant trust created in a Will.  It lies dormant until the death of the person creating it springs it to life.  Unlike…

Estate Planning, Planning for Special Circumstances

Before You Pack

My family is going on vacation the end of June. It’s a trip we’ve been planning for more than six months, and we’re looking…

Requirements of a Valid Will, Wills

Is A Will Valid if the Testator signed the Will Several Days Before the Witnesses?

Section 251.051 of the Texas Estates Code sets forth the requirements of a valid Will in Texas. It provides that a last will and testament: must…

Odds and Ends

Would You Rather Die Than Vote For Trump or Clinton?

If you’re discontented with your choices for president this year, you will appreciate Mary Ann Noland’s obituary, which suggests she chose to die rather than vote for…