Marrying Out of State: What Texas Same-Sex Couples Should Know

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. …

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End of Life Planning

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.

IRS Extends Equal Tax Treatment to Same Sex Couples

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 …

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What Happens When a Beneficiary of a Will Dies Before the Testator?

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 …

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Designation of Guardian: An Estate Planning Essential

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. …

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Frequently Asked Questions about Texas Guardianships

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 …

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