Articles
Do I Still Need A Will If I Get A Trust?
“Do I still need a will if I get a trust?” is a question that I get often when people approach me about getting a living trust created to help take care of their estate planning needs. Although living trusts aren’t necessary in Texas as much as in some other states,...
DO NOT Sign Documents Without Speaking With A Probate Attorney First
This may sound obvious to most people, but do NOT sign important documents related to an inheritance without speaking to a probate attorney first. Unless some sort of fraudulent activity has occurred in order to get you to sign, once you’ve signed the documents you...
The Differences Between Probate And Non-Probate Assets
Whether you have a will or not, you are most likely to have both probate and non-probate assets. In fact, I like to tell clients there are basically two "buckets" of assets – one for probate assets and and one for non-probate assets. Probate assets pass through your...
Power Of Attorney Co-Agents – Are They A Good Idea?
Oftentimes people want to name two of their children as power of attorney co-agents solely due to the fact that they do not want to hurt one of their children’s feelings. They are afraid that if they name one of their kids as the sole first choice as their agent and...
Will My Life Insurance Proceeds Pass Through Probate?
Will my life insurance proceeds pass through probate is a great question. Whether or not that happens depends on who you name as the beneficiary. If you name an individual such as your spouse or child or possibly even an entity like a nonprofit organization as the...
What Is Community Property And Separate Property In Texas?
When you are married you have community property and separate property in Texas. Each spouse has full testamentary power (the ability to say who gets which of those assets in their will) over their own separate property, but they have testamentary power only over one...
Do I Need To File A Power Of Attorney In Texas?
Do I Need To File A Power Of Attorney? A power of attorney, also known as a durable power of attorney, gives someone you trust completely the authority to act as your agent in making financial decisions for you in the event you are not able to do so yourself. For...
Getting A Will Makes Financial Sense
Getting a will makes financial sense. As I mentioned in my article Why Do I Really Need A Will? one of the main reasons you should have a will in place is to help prevent your estate and heirs from spending a lot more money on legal fees and court costs. This is...
When Do I Need To Update My Will?
"When Do I Need To Update My Will?" If you already have will in place, then kudos to you for taking the time to help protect your family and assets! However, life circumstances can easily change to the point that it really is important to update your will and other...
Getting A Will Should Be One Of Your Top New Year’s Resolutions
Getting a will these days is incredibly easy, yet it’s amazing to me how many people still don’t have one. And if they do have one it was created many years ago when their estate planning needs were very different than they are now. With attorneys now offering online...