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 »
Recent changes in Texas law expedite, simplify, and reduce the cost of the second-parent adoption process for some same-sex couples. Second-parent adoption, which refers to adoption of a child by a same-sex couple, is recommended to ensure legal recognition of the parent-child relationship between the non-biological parent and the child.
Legal changes to Second-Parent Adoption in Texas Read More »
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 various benefits provided to a surviving spouse and children of the deceased under the Texas Constitution and
Probate with a Surviving Spouse in Texas Read More »
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.
Defining A Marital Relationship Read More »
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.
Common Law Marriage in Texas Read More »
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
DSHS Announces Equal Policies for Vital Records, Birth Certificates Read More »
While the recent Supreme Court decision extending marriage equality nationwide marks a monumental step forward for equality, it by no means resolves all legal issues related to same-sex families. In fact, because same-sex marriage is relatively new to the country and brand new to Texas, there are still many legal issues that remain to be resolved.
Marriage Equality and Adoption in Texas Read More »
On Friday June 26, the United States Supreme Court ruled that a state’s prohibition of marriage among same-sex couples violates the United States Constitution. The ruling found prohibitions on same-sex marriage to violate principles of equal protection and the fundamental right to marriage. While the decision marks a monumental step forward for equality, it by
Frequently Asked Questions about Marriage Equality in Texas Read More »
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 »
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 »
