Estate Planning Resources

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

Is Real Property Purchased with an Inheritance during Marriage Separate or Community Property?

When someone receives an inheritance during marriage, one of the most common questions that follows is whether that inheritance, or anything bought with it, belongs to them alone or to both spouses. The answer

Where Are Your Important Documents?

I got a call yesterday from a woman, who I’ll call Sue, whose mother suffered a stroke. Sue’s mom was only 67 years old. The stroke left her completely incapacitated, unable to talk, write or

Will My Surviving Sibling Inherit My Entire Estate If I Die Without A Will?

I was contacted recently by a man I’ll call Jack, whose uncle had just passed away. Jack’s uncle was single, his parents had predeceased him, and he left only one surviving sibling, Jack’s mother. Jack

Does A Durable Power Of Attorney Need To Be Notarized?

To be effective in Texas, a durable power of attorney must: The durable power of attorney does not need to be signed by any witnesses. It is not necessary to file the durable power of

What Are The Duties of An Executor?

When a person dies and probate is necessary, a court will appoint a personal representative, called an executor or administrator, to oversee the winding up of the decedent’s affairs. The duties of the personal representative

Independent Administration Simplifies the Probate Process

Probate has gotten a bad reputation as being expensive and causing delays. As a result, many people try to avoid it at all cost. In many states, that reputation has been well earned. But in

Is It Necessary to File A Durable Power of Attorney?

A durable power of attorney gives you the power to appoint a trusted family member or friend as an agent to manage your finances if you are no longer capable of managing them yourself, such

The Rigidity of the Intestacy Statutes

I received an email this week from a grieving and very frustrated man. He lost his wife this month after sixteen years of marriage. Both he and his wife had been married before, and each

The Future of the Estate Tax

NB: This article was published on July 25, 2012 and contains information that may be outdated. For current information regarding the estate tax, read: Estate Tax Certainty…For Now. On December 17, 2010, President Obama signed

Should I Designate My Children’s Guardian as Beneficiaries of My Life Insurance Policy?

I spoke to a young mother several weeks ago who wanted information on how to legally name a guardian for her minor children. She explained that she and her husband had already designated her parents

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