Wills

SHHHHH. Can we talk privately? It’s about the kids. I know you have some assets that you want to set aside for them, but…….. you’ve been worried. You don’t want the kids to become trust fund babies. If they get even a hint about how much wealth they will have when you die – well, let’s just say they won’t have much incentive to pursue an education or trade. I have...

Talk about an aging profession. More than 35% of the licensed attorneys in the State of Texas are over the age of 55. Ouch. Just like other professionals, lawyers can retire, move, get hit by lightning, or die. If that happens to your lawyer, then it can leave you, the client, in a mess. You need to protect yourself from the unintentional fallout. Before we get to the steps you should take, consider...

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...

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...

Don't Lose the Original Will Wills only take legal effect when the person who made the will dies and the will is admitted to probate. Probate is a legal process where a court hears evidence to prove that the will is valid and should be given legal effect.  Normally this requires that the original will ( not a copy) be filed with the clerk of the court. Most wills are self-authenticating,...

Unfortunate fact: your debts do not die with you.  They continue to burden your property after your death.   This is a big deal.  Your creditors can go after the property that goes through your probate estate and the property that passes under beneficiary designation.  It is fair to say that your beneficiaries or heirs take their share of your property under the threat that it may be pulled back by a...

One of the most common problems with legal documents arises when you take your documents to the bank to be signed, witnessed or notarized. An employee of a bank may be able to witness your document or notarize it, but what the employee cannot do is give you legal advice about the document or what legally is required for the document to be valid. What is A Will? A classic example...

How Changing Your Will With A Codicil Is Bad Here is a sad but true tale about a will change gone terribly wrong. Mary Jane executed her will on February 13, 2017. There was a clause in her will appointing her two daughters, Linda and Julia, as co-executors of her estate. Mary Jane died 10 months later. Her daughters duly filed an application to admit her will to probate. They requested that the...

Most people have a general idea that they “should” have a Will, but do they really understand what happens if they don’t? One of the biggest difficulties that can arise when someone dies without a Will is that the State of Texas decides who gets your “stuff.”  This may or may not be where you actually want your property to go.  If someone dies married, and there are no children...

Cremations are hot, but a recent decision by the Texas Supreme Court may have a chilling effect on the popular funerary choice. In 2016, for the first time in U.S. history, cremations accounted for more than 50 percent of funerals. Some experts estimate that the cremation rate will reach 78.8 percent nationwide by 2035. So what did the Texas Supreme Court do that could dent the increasing cremation market? Here’s a hint:...

Cue the jokes: in Texas, perpetual care cemeteries are supervised by the Texas Department of Banking. The Department of Banking also supervises prepaid funeral contract sellers and cemetery brokers and (presumably in its spare time) trust companies and state-chartered banks. There are two types of cemeteries in Texas: perpetual care and non-perpetual care. The owners of a perpetual care cemetery have a duty to keep up the place – that...

Rubber stamps, marks and initials: are these valid signatures? They are if you are signing a will in Texas. Let’s start with the basics. A will has to be signed by the testator (the person making the will) to be enforceable. There has been a lot of litigation over what constitutes a valid signature, and there are quite of few surprises in the resulting court decisions. The courts, which strive...