Estate Planning Resources

Articles and guides to help you understand your options for protecting your family and your assets in Texas and North Carolina.

Is Married Beneficiary’s Interest in a Trust Separate or Community Property?

Explains why principal distributed from a trust is generally separate property in Texas, while the characterization of trust income can depend on the beneficiary's right to demand it and trustee discretion.

Who Will Take Care of My Pets After I Die?

Explains how an estate plan can provide for pets after incapacity or death by naming caregivers and alternates, leaving funds for care, or creating a Texas pet trust.

How is an Out-Of-Hospital DNR Different from a Directive to Physicians?

Compares a Texas Directive to Physicians, which expresses end-of-life treatment wishes, with an out-of-hospital DNR order that directs emergency personnel not to attempt specified resuscitative measures.

Can I Name a Relative Who Lives Abroad as Guardian of My Children?

Texas law may allow a relative living abroad to serve as guardian of a child, but parents should also name a U.S.-resident alternate because court decisions can vary.

Is Property My Spouse and I Owned in Another State Community Property or Separate Property?

The article explains how the law of the state where spouses acquired property can determine whether an out-of-state home remains separate or community property for division at death after they move to Texas.

What are the Rights and Responsibilities of a Life Tenant in Texas?

This article explains the rights of Texas life tenants to possess, use, and earn income from property, along with their duties to maintain it, pay expenses, and avoid waste.

Do I Need To Record My Trust in Texas?

In Texas, a trust generally remains a private document rather than being recorded with the Secretary of State, while an affidavit or certification of trust can verify the trustee’s authority.

Can I Appoint My Own Guardian In Case I Become Incapacitated?

This article explains how a Texas Declaration of Guardian can designate or disqualify a future guardian and outlines its validity requirements.

What are the Responsibilities and Duties of a Trustee of a Testamentary Trust?

This article explains the qualifications, fiduciary duties, management responsibilities, compensation, removal, resignation, and appointment of a Trustee for a testamentary trust in Texas.

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

A Texas appellate case held that checking a joint account’s survivorship box did not create survivorship rights because the signature card lacked language required by the Texas Estates Code.

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