Estate Planning

One of the benefits of practicing estate and trust litigation in Texas for nigh-on 4 decades is that few things surprise me anymore. In fact, some fact patterns occur so often that it is not unusual for me to have a sense of déjà vu during a new case consultation. Here are three of the more common situations that can mess up even the best-laid plans. The Manipulative Adult Child....

Disinheriting a child in a will can be tricky. You have every right to do so, of course, but your action will be seen by outsiders as unnatural. That is why you want to take the right steps to make the disinheritance stick.   While no method is litigation-proof, there are a couple of strategic points that you may want to consider. Make Your Intentions Clear on Disinheriting You want to be clear...

Lyndon B. Johnson once said that our country is “Not merely a nation but a nation of nations.” Perhaps that is never more clearly noted as when you move from one state to another. The geographic and historical differences of the various states and their peoples shape their individual laws. But one difficulty with that diversity is that there is not one shared body of law with regard to...

Estate planning is the process of making a plan for how your property will pass to your intended beneficiaries at your death. It’s a rather big part of “adulting.”  It may seem unpleasant to talk about, but it’s crucial for people to address. That’s because, if you don’t do it yourself, the State of Texas will step in and do it for you. And honestly, most people don’t like...

(This is the final in a series of articles about Texas probate.) There are very few types of documents that are as misunderstood as the Affidavit of Heirship. Perhaps that is because the same name is commonly used to describe two different documents. There is the Affidavit of Heirship, also known as the Affidavit of Facts Concerning the Identity of Heirs, that is described in the Estates Code, and then there...

(This is the fourth in a series regarding probate procedures in Texas.) It took four courts and several years but, by gosh, justice was done in the case of Hennig v. Didyk. This story is about divorce, death and money. Matt and Wendy married and then divorced. In the divorce decree, Matt was awarded his employment benefits, including his life insurance. After the divorce, Matt logged onto the employer’s benefits system...

Harold never wanted to spend the time or money making out a will. He was fond of saying “Why would I want to waste my money? It won’t be my problem – I’ll be dead. Let my relatives figure it out.” Hahaha. Good one, Harold. What Happens If You Die Without A Will In Texas It was only after Harold was dead, his assets were frozen, and his creditors were clamoring at...

Most relationships change over time. Woody Allen summed it up nicely in the movie Annie Hall: “A relationship, I think, is, is like a shark, you know, it has to constantly move forward or it dies, and I think what we got on our hands is a dead shark.”   If your relationship with an agent you named in your Durable Power of Attorney (DPOA) has turned into a dead shark,...

SHHHHH. Can we talk privately? It’s about the kids. I know you have some assets that you want to set aside for them, but…….. you’ve been worried. You don’t want the kids to become trust fund babies. If they get even a hint about how much wealth they will have when you die – well, let’s just say they won’t have much incentive to pursue an education or trade. I have...

Let rich Aunt Meg die without a will and then just wait for the swarm of heirs to descend on her estate.  You won’t be able to move through her mansion living room without stepping on one. There is an orderly process of inheritance under the law.  It is called the law of descent and sets out the order that Aunt Meg’s kindred will inherit. A kin who steps into line...

In the public mind, the term “probate” is often associated with expense, delay, suffering and, sometimes, prolonged legal disputes. While there are many probate myths and misconceptions, it is basically a court-supervised method of handling the property of a deceased individual. During probate, the court will appoint someone to be in charge of the deceased person’s financial affairs, property, assets, and debts. Outstanding debts are addressed, and the remaining...

You did the right thing: you went to an estate planning lawyer and had documents prepared. What you do now? Perhaps it is easier to describe what you should not do. What You Shouldn't Do With Your Estate Planning Documents You should NOT lose them. You should NOT put them in a place where they cannot be easily found. You should NOT interlineate changes, mark through names or addresses, or spill coffee...