The short answer is yes—a Will does not avoid probate; in fact, a Will provides guidance to the executor to carry out the terms of the Will through the probate process. Probate is simply the legal method to transfer assets from the deceased person to the rightful beneficiary or beneficiaries. The Good News: Texas Independent
Does Having a Will Require Probate in Texas? Read More »
A revocable trust is a popular request among estate planning clients. Individuals often request one due to a desire to avoid probate. While a great tool in some circumstances, a revocable trust also has a downside. It is a potentially effective means to ease transfer of assets to beneficiaries but requires more work to set
Revocable Trusts in Texas Read More »
Anxieties about the future of marriage equality are high in light of a recent request to the Supreme Court to revisit its landmark ruling in Obergefell v. Hodges, which found that same-sex couples have a constitutional right to marry. Whether the high court opts to take up the request is as of yet unknown. What
Estate Planning and the Future of Marriage Equality Read More »
What does a marital agreement have to do with your Will? A Will gifts property at the end of life. To determine how to gift your property, it is necessary to know what you own. This is where a marital agreement enters the picture. Marriage changes your relationship to your property; once you are married,
Why A Marital Agreement May be Necessary to Your Estate Plan Read More »
Most people approach their Wills by considering to whom they want to leave their property; however, how they leave their property is equally important. When drafting a Will, consider implementation following death – i.e. the probate administration process. Your named executor is responsible for implementing your instructions in your Will. He will have a legal
The Gift of Clarity in Your Will Read More »
Texas law offers a variety of protections for a surviving spouse after death of a spouse, including the right to reside in the homestead. Upon death, the surviving spouse or minor children may request exclusive use of the home. In fact, the surviving spouse has the right to occupy the home exclusively for the rest
The Homestead Right of A Spouse in Texas Read More »
In the aftermath of the presidential election, I have been flooded with emails and calls from couples concerned about their families and the future of marriage equality. While it is impossible to predict the future, a few things remain true after November 5th: Marriage equality is still the law of the land. In 2015, the
Estate Planning and Post-Election Anxiety Read More »
On December 13, 2022, Congress passed and President Biden signed the Respect for Marriage Act. Among other things, the new law guarantees federal benefits for same-sex marriage and requires states to recognize same-sex marriages performed in other states. Why the need for the Respect for Marriage Act? Many fear that the 2022 Supreme Court decision
The Respect for Marriage Act Read More »
Whether you are the named executor of a loved one’s Will or you’re considering whom to name as executor of your own Will, it’s important to understand the role and duties of an executor. The job of an executor can be daunting; it comes with a lot of responsibility and, often, little reward. An executor,
Executor Duties in Texas Read More »
For a Will to be valid in Texas, the person creating the Will must be 18 years or older, he must have “sound mind” at the time he executes the Will, and the Will must be signed with the required formalities under Texas law. Sound Mind Under Texas law, there is a five-part test for
Requirements of a Valid Will in Texas Read More »
