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 Marriage Revoke a Valid Preexisting Will?

Some states have pretermitted spouse statutes. In those states, if a person marries after making a will, and predeceases his spouse, then the surviving spouse will receive a share of the estate equal in value

Selecting a Guardian in the “Modern Family”

I think one of the funniest shows on television right now is Modern Family, and last night’s show was especially hilarious as Cameron and Mitchell tried to decide who would raise their daughter Lily’s if

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

NB: This article was published on January 1, 2010 and contains information that is outdated but included on this website for historical context.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

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

Jeremy Bentham, an English philosopher who died in 1832, included a very bizarre stipulation in his will. He gave his body to his friend, Dr. Thomas Southwood Smith, instructing him to preserve his body and

How Long Do I Have to Contest a Will in Texas?

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

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

What are the Inheritance Rights of Adopted Children?

If you are a parent of an adopted child in Texas and you die without a will, your adopted child will be entitled to the same inheritance rights as any biological children. The Texas statutes

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