Estate Planning Resources

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

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 attorney and Texas durable power of attorney. For example,

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, and tucked it away for safe keeping. He

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, the testator has the opportunity to designate who will

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 estate any way he wished. He was calling

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 surivivorship pass to the surviving without the need

How Can I Protect My Disabled Sister From Neglectful Family Members?

I received a heartbreaking letter from someone concerned that her 60 year old old sister, who was in a terrible accident a year ago that left her disabled, was being neglected by her sons and

Is an Attorney Absolutely Required for Estate Planning?

I received a new client application requesting information about how to set up a power of attorney and Will. The person who submitted the application said she was doing so on behalf of an uncle

Do I Have to Name My Children as Medical Power of Attorney?

She had two adult children, but her niece was more like a daughter to her. Her niece was also a nurse, who she believed would be better suited to make medical decisions on her behalf.

Where there’s a Will…

A few weeks ago, a journalist emailed me to ask if she could interview me for an article she was writing. The article she wrote appeared in the Statesman 50ATX Guide for Young Boomers and

Can I Change My Will Before My Divorce is Final?

There is a Texas statute that prohibits Courts from entering any orders that prevent parties in a divorce proceeding from changing his or her Will. Section 253.001 of the Texas Estates Code provides that a

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