Estate Planning Resources

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

Will Having a Will Help me Avoid Probate?

I received a note this week from someone who was confused. A friend’s husband had died leaving a Will that gave his wife a house he owned before they were married. She had presented a

How Do I Revoke A Texas Transfer On Death Deed?

One of the benefits of a Transfer on Death Deed is that it is completely revocable during lifetime of the grantor (the homeowner making the deed). According to the Transfer on Death Deed Statute, a

Will Signed Before Marriage Doesn’t Make Provision for Spouse

A widow contacted me this week. Her husband of 19 years had recently passed away. She found a Will he had signed before they met leaving everything to his mother. He didn’t sign a new

Will My Estate Have to Pay an Estate Tax?

NB: For information on the current state of the estate tax in light of the Tax Cut and Jobs Act, click here. One of the biggest issues of concern for my clients is the federal

Can A Will Revoke A Transfer On Death Deed?

The Texas Transfer on Death Deed allows owners of real estate to transfer property to their beneficiaries outside the probate process. The deed works like a beneficiary designation on a retirement plan or an insurance

Can I Use a Transfer on Death Deed to Transfer My Car Without Probate?

The Texas Transfer on Death Deed allows owners of real estate to transfer their property to beneficiaries outside the probate process. The Deed works like a beneficiary designation on an insurance policy or retirement plan.

Are Stepchildren Legal Heirs in the State of Texas?

When someone dies without a Will in Texas, their assets pass according to a statutory formula called the intestacy statutes. The intestacy statutes take into account a number of factors, such as whether a deceased

Can an Individual Create a First Party Special Needs Trust for His or Her Own Benefit?

A Special Needs Trust (SNT), also known as a Supplemental Needs Trust, is a trust created for a disabled beneficiary to hold funds in a way that preserves his or her eligibility for public benefits.

What is a Pooled Special Needs Trust?

Special needs trusts are trusts that hold assets for a disabled beneficiary and distribute funds in a way that preserves the beneficiary’s eligibility to receive public benefits. Pooled trusts are special needs trusts established by non-profit

Can Proceeds of Insurance Policy be Seized to Pay Debts of an Estate?

After you die, your estate is responsible for your debts. Creditors can make claims against your probate estate for what you owe. Assets such as life insurance proceeds, IRAs and other qualified plans are non-probate

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