Estate Planning Resources

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

The Top 10 Reasons Why You Need An Estate Plan

A recent survey found that approximately two-thirds of Americans don’t have a wills, and even fewer have power of attorneys or health care directives. Are you one of them? The survey suggests that the primary

Is Gift to Stepchildren Void if Testator is Divorced After Signing a Will?

I received a note yesterday from someone whose mother had recently passed away. His mother’s Will, which was made before she divorced, identified her stepchildren as beneficiaries. The note’s author asked: “Do the stepchildren have

Can I Rewrite a Deceased Persons’ Will?

I received a message from someone this week whose husband had passed away seven years earlier leaving a Will that gave all his worldly possessions her. However, she never had the Will probated. I’m not

Wacky Wednesday: Wills That Make You Go “Hmmm…”- Harry Houdini

NB: This post is part of a series highlighting wills that contain some interesting, and sometimes bizarre, bequests and stipulations. You can see all these posts here. Have you ever gotten a psychic reading? According

What is the Difference between a First-Party and a Third-Party Special Needs Trust?

Understanding the differences between first-party and third-party Special Needs Trusts is important when planning for a loved one with special needs. Both types of trusts serve to protect the beneficiary’s eligibility for government benefits, but

What Will Happen To Your Facebook Account When You Die?

A friend from college died suddenly a couple of years ago. She was a healthy person, but contracted the flu and died from complications from it. A couple of months later, I received a Facebook reminder that

Is A Will Signed By One Witness Valid If It Is Also Signed by a Notary?

I have written before about the requirements of a valid will in Texas. To be valid, a Will must be signed by the testator, or another person at the testator’s direction and in his presence,

The Complexities of Intestacy in Non-Traditional Families

I received a note last week that highlights the heartbreaking consequences of dying without a Will in non-traditional families. The couple had lived together for twenty-one years in a home the deceased partner had purchased

To Trust Or Not To Trust

Last Christmas, the only thing on my older children’s Christmas list was a laptop computer. As they have gotten older, school assignments have increasingly required access to one. Teachers post assignments online. Many assignments are

Do I Have to be an Adult to Make a Will in Texas?

The Texas Estates Code provides that in order for a Will to be valid, the person making the Will must not only be of sound mind, but also have attained the age of eighteen years;

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