Estate Planning

You did the right thing: you went to an estate planning lawyer and had documents prepared. What you do now? Perhaps it is easier to describe what you should not do. What You Shouldn't Do With Your Estate Planning Documents You should NOT lose them. You should NOT put them in a place where they cannot be easily found. You should NOT interlineate changes, mark through names or addresses, or spill coffee...

In Texas real estate transactions, property deeds are extremely important and there are formal conventions that pertain to them. For instance, to convey title to real estate in Texas, the grantor must execute a deed in front of a notary public. The deed must also be presented to and accepted by the grantee, and then filed of record in the county clerk’s office. This final step of filing puts...

When individuals think of estate planning, wills and trusts are usually the first things that come to mind, but it is strongly suggested that you also consider creating a durable power of attorney as well. Life, as we well know, is filled with uncertainties. Completely unforeseen circumstances can place an individual in a situation in which they are unable to make or execute key business, personal, legal or financial...

When a family member or other loved one dies, the natural response is to feel overwhelmed. However there are some very practical and legal matters that need to be attended to “immediately if not sooner”. What Happens To a House When The Owner Dies? Sad as it may seem, when a person dies his property becomes at risk. Sometimes friends and family use this as an opportunity to help themselves to...

Settling and estate — especially an estate with a trust — can be lengthy, emotional, and complicated. Trusts and wills serve different functions and are handled differently after a person’s death. If an estate has both a will and a trust and you are both the executor of the will and the trustee (the person in charge of the trust), you will have additional responsibilities. The trustee must be...

Commercial real estate transactions — including buying and selling, leases, and construction — can range from simple to complex. You may be able to manage a more straightforward exchange yourself without the need for assistance from a third party. For more complicated transactions, though, it makes more sense to bring in a commercial real estate attorney. What does a commercial real estate lawyer do? A commercial real estate attorney is a...

What does it mean to probate a will? Probate is the legal process of making sure the property and assets of a decedent (deceased person) are managed and distributed correctly. Probating a will essentially means proving that the will really was the decedent’s last will and testament and following the directions it outlines for settling the estate—distributing the estate’s assets and paying off the estate’s debts. While it is...

Handling Cremated Remains Takes Planning So everything is going along fine and then – Bbam! - your Aunt Agatha dies and you find out that she had named you as her agent to transport her cremated remains to Hawaii and have them thrown into the ocean.  Or, hypothetically, your destination could be to Disneyworld, a golf course in Scotland or another ash-worthy site.   Your journey is going to require a bit of...

Estate Administration Swimming with the Sharks Chances are fairly good that you will, at some time or another, serve as an independent executor of an estate. Your chances increase exponentially if you are married (spouses are customarily named in a will as executor) or are an only child. Being an independent executor is a fairly easy gig if you also happen to be the sole beneficiary and there is no conflict with other...

The Law of Frying Pans Making Your Gifts Cook ‘Tis the season for giving and receiving gifts.  So here ‘tis your first gift of the season:  a primer on the law of gifts. What Is Considered A Gift? Simply stated, a gift is a voluntary transfer of property made gratuitously.  There is, of course, a bit more to it. The owner has to intend to give the property, the property has to be delivered,...

The Post-Thanksgiving Blues Reflections Bring Good Cheer With any luck, you have finished waving goodbye to the last of the relatives and returned to your home.  Home, a place where you can reminisce in private about all of the real and imagined slights, jabs and jibes made by that graceless, greedy, egocentric, are-you-sure-we-are-even-related mob.   Too soon?   Let’s steer your emotions towards a more productive use by reflecting on the differences between your moral...

Revenge Of The Divorcing Spouse and Why Estate Planning Is A Must Warning: if you or a loved one are going through a divorce, this column contains content that might elicit a strong emotional response.    In Texas, you are either married or you are not; there is no half-way mark.  A marriage can only be ended by divorce, annulment or death. Estrangement, separation, divorce pending – none of those matter.   To say...