Estate Planning Resources

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

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NB: This article was published on January 1, 2010 and contains information that is outdated but included on this website for historical context. For current information regarding the estate tax, read: Does Every Estate Have to Pay

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

Will My Estate Be Responsible For My Student Loans?

Statistically, having a bachelor’s degree doubles your lifetime earning potential. But that degree often comes with a high cost, which most families are unable to afford without a loan. According to a recent study, approximately

Why Do I Need A Will?

Each state has a vested interest in the orderly transfer of property after someone dies. It’s so important, in fact, that if you don’t have a will, the state creates one for you. Each state

Who Can Contest a Will In Texas?

According to Section 55.001 of the Texas Estates Code, any person interested in an estate can contest a will. The Estates Code defines an “interested” person as: Heirs, devisees, spouses, creditors, or any others having

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