Estate Planning Resources

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

Wacky Wednesday: Wills That Make You Go “Hmmm…” – Carlotta Liebenstein

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. Leona Helmsley left her dog, Trouble, $12 million

People Ineligible To Be Appointed As Guardian

When appointing a guardian for a child, the court will consider what is in the child’s best interest. According to the Texas Estates Code, certain people are statutorily ineligible to be appointed as guardian. These

What Happens If A Beneficiary Of A Will Dies First?

When Texans draft wills and name beneficiaries, they expect that the beneficiaries they have named will outlive them. But that is not always the case. Sometimes a beneficiary named in a will dies first. Most

The Virtual Law Practice

When I opened my virtual doors a year and a half ago, very few lawyers operated in the virtual realm. But the virtual law practice model is becoming more mainstream as attorneys harness technology to

When Should I Use a Revocable Trust?

A couple of weeks ago, I explained that probate recently got more private in Texas. In the past an estate’s representative was required to file an inventory, appraisement and list of claims with the court.

When Equal Is Not Equitable: How To Give One Child Less

Parents often go to great lengths to make sure they treat their children equally, not only during their lifetime but also by leaving them an equal share of their estate upon their death. But in

Who is an Incapacitated Person?

The Texas Estates Code specifically defines who is an incapacitated person. According to the Code, an incapacitated person is: A minor; An adult individual who, because of a physical or mental condition is substantially unable

The Price of Not Having a Simple Will

I read an article by Don McNay recently, which highlights the complexities, expense and unwanted results that can arise in cases of intestacy. McNay is a financial columnist and advisor and explains that he tells

Incapacity Can Happen At Any Age: Be Prepared

I recently received a heart-wrenching note from a parent, whose 22 year-old son had been involved in an accident. He was knocked unconscious with multiple dislocations and was in a coma for more than two

Can I Make a Testamentary Gift to Someone Who Witnesses My Will?

A question I hear often is whether a person who signs as a witness can also receive a gift under the will. In Texas, the short answer is that the will itself is not invalid

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