There are three general ways of revoking a will in Texas: through subsequent writing, by a physical act upon the will, or by operation of law. Revoking a Will through Subsequent Writing Express revocation of a will by drafting a new will is by far the safest and most effective way of revoking your will. Drafting …
Adoption by same-sex couples (also called second parent adoption) is an option in Texas; however, because the state does not allow same-sex couples to legally marry and there is no law explicitly authorizing same-sex couples to adopt in Texas, it should be approached carefully. A second-parent adoption occurs when a second person in an unmarried couple adopts …
Since the United States Supreme Court decision in June, the dominoes of marriage inequality have been tumbling so fast it is difficult to keep track of all the courts overturning bans on same-sex marriage. Federal challenges to these bans have been almost all successful. The sole exception came from a Louisiana federal court in early September 2014. …
Marrying Out of State: What Texas Same-Sex Couples Should Know Read More »
On November 5, 2013, the Texas Supreme Court heard oral arguments over whether same sex couples who marry out of state may obtain a divorce in Texas. The ruling will have numerous implications for same sex families. You can find more details on the case in an article I wrote for the Texas Observer. The …
The Texas Supreme Court Addresses Same Sex Divorce Read More »
Decisions regarding end of life care and treatment involve deeply personal and often very difficult choices. In a lovely and moving article published in the Wall Street Journal, the author documents her mother’s end of life choices.
Following on the heels of the June U.S. Supreme Court decision striking down the Defense of Marriage Act (DOMA), the IRS and Department of Treasury has extended equal treatment with respect to federal taxes to legally married same-sex couples, regardless of place of residence. Thus, couples who legally married out of state and live in Texas …
IRS Extends Equal Tax Treatment to Same Sex Couples Read More »
Occasionally, an individual named as a beneficiary in a will dies before the person who drafted the will (the testator). Who takes the gift when this occurs? It depends on the language of the will. Most estate planning lawyers draft a will with many possible scenarios in mind, thus a well-drafted will usually names at least one alternate …
What Happens When a Beneficiary of a Will Dies Before the Testator? Read More »
Many discussions around estate planning involve the topics of wills and powers of attorney. However, a Designation of Guardian in Advance of Need is also an essential part of a comprehensive estate plan — especially for unmarried couples. A Designation of Guardian can be used in two ways: to designate a guardian for yourself should you become incapacitated or to designate a guardian for your child. …
Designation of Guardian: An Estate Planning Essential Read More »
What is guardianship? In the event that an individual becomes incapacitated and can longer care for herself or manage her financial affairs, a court may appoint a legal representative (the guardian) to take on these responsibilities on behalf of the incapacitated person (also known as the “ward”). A guardianship is essentially when a a court appoints …
Frequently Asked Questions about Texas Guardianships Read More »
If you have additional questions about Wills or the probate process in Texas, feel free to contact our office.
