Estate Planning Resources

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

A Poor Prognosis? Call Your Estate Planning Lawyer!

I worked with a young couple last year. Both were in good health. They were happily married, had two small children, and were busy balancing their careers and young family. Their plan was typical: If

Do I Need To Record My Trust in Texas?

In Texas a trust is not a legal entity. Rather, it is a legal relationship in which a trustee holds legal title for the benefit of another person called the beneficiary. Unlike a corporation, which

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.

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