Texas provides a number of robust protections for the surviving spouse both during and following the probate of the deceased spouse’s estate.
Protections for the Surviving Spouse in Texas Probate Read More »
A recent story in the New York Times featured a discussion on the use of trusts in estate planning. The article touches on some of the benefits of a trust, including the use of revocable trusts to avoid probate and to maintain privacy. Trusts serve a variety of functions, including those cited above. Since everyone’s
Use of Trusts and Revocable Trusts in Estate Planning 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 »
Probate without a will in Texas is also called dying “intestate.” When a person dies intestate, Texas laws determine who will receive the individual’s property. For property to transfer after death, it usually, though not always, must go through probate. Probate is the process of collecting and transferring title of an individual’s assets following his
Probate Without a Will in Texas 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 »
There are three general ways of revoking a will in Texas: through subsequent writing, by a physical act upon the will, or by operation of law.
How Do You Revoke a Will in Texas? Read More »
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.
End of Life Planning 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 »
