Estate Planning Resources

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

Caring for a Loved One With Dementia

As Americans live longer, Alzheimer’s and other forms of dementia is on the rise. I read recently that the incidence of people with Alzheimer’s doubles for every five years past age 65, and that a

Estate Planning for Couples

The American Taxpayer Relief Act of 2012 sets the estate tax rate at 40 percent for individual estates valued at over $5 million, indexed for inflation. Additionally, can pass up to $10 million free of

Wacky Wednesday: Wills That Make You Go “Hmmm…” – Jeremy Betham

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. Jeremy Bentham, an English philosopher who died in

How Long Do I Have to Contest a Will?

Section 256.205 of the Texas Estates Code provides that “After a will has been admitted to probate, any interested person may commence a suit to contest the validity thereof not later than the second anniversary

Can A Parent Appoint A Guardian For An Incapacitated Adult Child ?

The thing that worries most parents about dying is typically not what will happen to their stuff. It’s who will take care of their kids. And the worries are compounded for parents of children with

Does the Absence of a Self-Proving Affidavit Invalidate a Will?

Texas recognizes two types of written wills: An attested will is the most common type of Last Will and Testament. To be valid, it must be in writing, signed by you, or another person at

What is the Difference Between Per Capita, Per Stirpes, and Per Capita with Representation Distributions?

Per stirpes and per capita are commonly used terms in wills, trusts, and intestate distribution statutes to describe how a deceased person’s estate is to be distributed to his or her beneficiaries or heirs. But

Does Texas Have an Inheritance Tax?

The short answer to the question is no. Before 1995, Texas collected a separate inheritance tax, called a “pick-up tax.” The tax did not increase the total amount of estate tax paid upon death. Rather,

A Mother’s Love

A few years ago, I read an article that reminded me of the extraordinary lengths parents will go to protect and provide for their children. It was about a woman named Melissa Bowmer, who had

Can a Settlor Revoke or Modify a Trust?

Whether a Settlor, the person who creates a trust, can revoke or modify it depends on if the trust is irrevocable or revocable. According to Section 112.051 of the Texas Trust Code, a Settlor may

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