The probate of an estate with a surviving spouse and other heirs or beneficiaries can be quite complex. I’ve written about it in several articles published in the Texas Bar Journal. In 2016, I published an article on exemptions and allowances for the spouse and other family members. More recently, I published an article providing […]
A power of attorney is a legal instrument that allows a person (the “agent”) to legally make decision on behalf of another (the “principal”). Generally speaking, there are two common types of powers of attorney in Texas, a medical power of attorney and a durable power of attorney. Medical Powers of Attorney The medical power
Most people have heard of trusts but few know exactly what they are. So, what is a trust? A trust is a method of ownership of property that divides management of trust property from ownership of trust property. The trustee holds trust property for the benefit of a beneficiary. The trustee has the fiduciary duty
Many people have expressed fear that this ruling will impact the rights of LGBTQ people in Texas
The marital relationship has wide-ranging impact throughout the legal world. Inheritance, creditor liability, personal liability, tax liability, employment benefits, Medicaid benefits, social security benefits—to name but a few—are all impacted by one’s marital status.
Texas provides a number of robust protections for the surviving spouse both during and following the probate of the deceased spouse’s estate.
A recent story in the New York Times featured a discussion on the use of trusts in estate planning. The article touches on some of the benefits of a trust, including the use of revocable trusts to avoid probate and to maintain privacy. Trusts serve a variety of functions, including those cited above. Since everyone’s
Texas is one of a relatively few states that continues to recognize common law marriage. Because marital status determines division of property upon death, whether you and your partner are in a common law marriage will impact your estate plan and the division of assets upon death.
Since the Supreme Court ruling on marriage in June, I have been working with several other attorneys on getting the Department of State Health Services (DSHS) to update their policies to make them consistent with those of opposite-sex couples with regard to vital records, including birth certificates and death certificates. In August, DSHS released new regulations allowing
Dying without a will in Texas is also called dying “intestate.” When a person dies intestate, Texas laws determine who will receive the individual’s property. For property to transfer after death, it usually, though not always, must go through probate. Probate is the process of collecting and transferring title of an individual’s assets following his