Trusts

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 second in a series regarding probate procedures in Texas) In California, probate of a will for a simple $1 million estate takes 2 years and costs $23,000 in attorneys’ fees.  In Florida, the probate of the same estate takes at least 9 months and costs $30,000. Then there is Texas, where the same probate takes less than 6 months and costs under $5,000. Can we get an Amen? Texas can...

(This is the first in a series regarding probate procedures in Texas) Going through probate is never convenient. For many families it is the first time that they hire an attorney. Add to that the timing, which often comes amid grieving the dearly departed, and the archaic court procedures, and it is no wonder that probate falls somewhere below limb amputation on the pleasure scale. The most common probate procedures are...

How do you best support a family member with a disability?  Consider setting up a Special Needs Trust. First, a little background.  Many people with a disability qualify for government benefits in the form of SSI (Supplemental Security Income) or Medicaid.   However, both of these programs are awarded on a “need” basis, meaning the person can only qualify for the program if he or she has limited assets and income. For...

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...

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...

When individuals think of estate planning, wills and trusts are usually the first things that come to mind, but it is strongly suggested that you also consider creating a durable power of attorney as well. Life, as we well know, is filled with uncertainties. Completely unforeseen circumstances can place an individual in a situation in which they are unable to make or execute key business, personal, legal or financial...

Settling and estate — especially an estate with a trust — can be lengthy, emotional, and complicated. Trusts and wills serve different functions and are handled differently after a person’s death. If an estate has both a will and a trust and you are both the executor of the will and the trustee (the person in charge of the trust), you will have additional responsibilities. The trustee must be...