FAQs About Trusts

When Should I Use a Revocable Trust?

A couple of weeks ago, I explained that probate recently got more private in Texas. In the past an estate’s representative was required to file an…

FAQs About Wills

When Equal Is Not Equitable: How To Give One Child Less

Parents often go to great lengths to make sure they treat their children equally, not only during their lifetime but also by leaving them an equal share…

FAQs About Probate, FAQs About Wills

Probate Just Got More Private In Texas

One factor that often motivates people to choose revocable trust-based plans as opposed to will-based plans is the privacy trusts afford. Assets within a trust pass…

FAQs About Powers of Attorney and Directives

Who is an Incapacitated Person?

The Texas Estates Code specifically defines who is an incapacitated person. According to the Code, an incapacitated person is: A minor; An adult individual who, because of a…

How Property Distributed When Someone Dies Without A Will

The Price of Not Having a Simple Will

I read an article by Don McNay recently, which highlights the complexities, expense and unwanted results that can arise in cases of intestacy. McNay is a…

FAQs About Powers of Attorney and Directives

Incapacity Can Happen At Any Age…Be Prepared

I recently received a heart-wrenching note from a parent, whose 22 year-old son had been involved in an accident. He was knocked unconscious with multiple dislocations…

FAQs About Wills

Can I Make a Testamentary Gift to Someone Who Witnesses My Will?

A testamentary gift to a beneficiary who is also a witness is presumed void. The reasoning behind this rule is that a witness who will benefit…

Planning for Special Circumstances

Strategies For Lawsuit-Proofing Your Estate

Forbes Associate Editor, Ashlea Ebeling, wrote a great article last week about estate planning strategies that can discourage a protracted legal battle after your death.

Planning for Special Circumstances

Traditions That Keep Families Connected

My kids and I play a Volkswagen Beetle game. It’s not Punch Buggy, but rather a unique game that my family created. New Beetles (I hear…

Financial Powers of Attorney, Planning for Special Circumstances

A Durable Power of Attorney Does Not Authorize An Agent to Settle An Estate (And Other Lessons)

A man (who I’ll call “Jack”), recently called me in a bit of a panic. His fiancé (“Jill”), with whom he had lived for many years in…