Estate Planning Resources

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

Where Should A Will Be Probated In Texas?

According to Section 33.001 of the Texas Estates Code, a will should be admitted to probate in the Texas county where the decedent was domiciled or had a fixed place of residence. If the decedent

Can a Minor Child Witness a Medical Power of Attorney?

“My mom has a power of attorney that was witnessed by someone under 18,” she said. “Is it valid?” The Texas statutes specify that a medical power of attorney must be signed by the principal

DIY Planning Can Be a Nightmare!

A couple of weeks ago, I received a phone call from a woman whose ex-boyfriend had died, naming her as the sole beneficiary and executor of his multimillion-dollar estate. Despite her ex-boyfriend’s substantial wealth, he

When Can a Financial Institution Reject a Durable Power of Attorney in Texas?

Effective September 1, 2017, a person to whom a durable power of attorney is presented must accept a durable power of attorney except unless: The person is not otherwise required to engage in a transaction with

Recent Changes to Durable Power of Attorney Statute

The legislature made several beneficial changes to the Durable Powers of Attorney statute that went into effect on September 1, 2017. Below are a few of the most significant changes: Prior to September 1, 2017,

Is A Financial Institution Required To Accept A Durable Power Of Attorney?

Before September 1, 2017, financial institutions routinely rejected durable powers of attorney for a multitude of reasons. A colleague once told me that a bank rejected her client’s power of because two months had elapsed since

What are the Requirements of a Valid Durable Power of Attorney in Texas

A durable power of attorney is a document that will allow you, the principal, to appoint someone you trust (an agent) to engage in specified business, financial and legal transactions on your behalf. For purposes

Planning for the Unexpected

I went on a trip last month without knowing where I was going. My husband wanted to plan a surprise vacation for the family to celebrate his 50th birthday, so he kept our itinerary a

The Consequences of an Outright Distribution to a Spouse in Blended Families

Estate planning can be complicated in blended families. If you have children from a prior relationship, making an outright distribution of your estate to your spouse may result in your children being disinherited. Why? Because

Will Former Spouse Inherit Bank Account if Named as P.O.D. Beneficiary?

I received a note recently from someone whose brother had recently passed away. Her brother was divorced and had no children. He was survived by four siblings. Both his parents were deceased. His savings account

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