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 a Bank Reject a Valid Power of Attorney?

NB: The following post reflects old law. Effective September 1, 2017, the Estates Code requires financial institutions to accept powers of attorney unless one or more enumerated grounds for refusal exist. See Texas Estates Code

Can I Fight the Intestacy Laws?

I received a note recently from someone asking if it was possible for her to fight the intestacy laws. She and her husband had been married for 31 years and he had died without a

Will Jointly Owned Property Automatically Pass to My Spouse When I Die?

A lot of people mistakenly assume that all jointly-held property automatically passes to a surviving spouse when one spouse dies. That is not necessarily the case. Jointly-held property can be held as tenants in common

Have You Reviewed Your Will Lately?

I always schedule a document review conference with my clients before they sign their Wills. It gives my clients the opportunity to ask questions they may have about various provisions in their documents to that

Does Property Passed by Transfer on Death Deed Receive a Step-Up in Basis?

When someone receives a gift, the recipient of the gift is not responsible for reporting the value of any gifts as income. Rather, it is the gift-giver, or donor of the property, who is required

Have You Signed Your Will?

Humans are optimistic. We don’t dwell on the fact that death is inevitable, and that bleeds into our personal outlook for the future. It’s why we plan for vacations, drive in cars, fly in planes,

What is a Testamentary Trust?

A testamentary trust is a dormant trust created in a Will.  It lies dormant until the death of the person creating it springs it to life.  Unlike a trust that you create and fund during

Before You Pack

My family is going on vacation the end of June. It’s a trip we’ve been planning for more than six months, and we’re looking forward to all the adventures that lie ahead. But something has

Is A Will Valid if the Testator signed the Will Several Days Before the Witnesses?

Section 251.051 of the Texas Estates Code sets forth the requirements of a valid Will in Texas. It provides that a last will and testament: must be in writing; signed by the testator in person

Would You Rather Die Than Vote For Trump or Clinton?

If you’re discontented with your choices for president this year, you will appreciate Mary Ann Noland’s obituary, which suggests she chose to die rather than vote for either Donald Trump or Hillary Clinton.

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