Let’s take a moment and look at a probate avoidance document called the Transfer on Death Deed. Suppose Sally owns a house and wants her good friend Dave to have it when she dies. How does she make that happen? Sally could leave a will that specifically bequeaths the house to Dave. When she dies, the will is admitted to probate and the executor signs an executor’s deed that conveys the...

Attorney Alex Murdaugh was disbarred by the South Carolina Supreme Court for an alleged insurance fraud scheme and allegations that he had stolen money from his legal clients. That was before he was convicted of murdering his wife and son.  Texas frowns upon attorney wrongdoing, too. Texas is so protective of clients that it prohibits attorney acts that merely hint of inappropriate attorney influence. This is especially true in estate...

For 40 years I have reviewed trusts, and for 40 years I have seen the same mistakes occur repeatedly. Mistakes that are usually ugly, often costly, and sometimes fatal – at least to an estate plan.  Heed this, then, and take fair warning.  1. Failing to fund the trust.  Funding means transferring assets into the trustee’s name. This puts the asset under the management of the trustee and makes the asset subject...