In the aftermath of the presidential election, I have been flooded with emails and calls from couples concerned about their families and the future of marriage equality. While it is impossible to predict the future, a few things remain true after November 5th: Marriage equality is still the law of the land. In 2015, the […]
Estate Planning and Post-Election Anxiety Read More »
Whether you are the named executor of a loved one’s Will or you’re considering whom to name as executor of your own Will, it’s important to understand the role and duties of an executor. The job of an executor can be daunting; it comes with a lot of responsibility and, often, little reward. An executor,
Executor Duties in Texas Read More »
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 »
A power of attorney is a legal instrument that allows a person (the “agent”) to legally make decision on behalf of another (the “principal”). Generally speaking, there are two common types of powers of attorney in Texas, a medical power of attorney and a durable power of attorney. Medical Powers of Attorney The medical power
Powers of Attorney in Texas Read More »
Most people have heard of trusts but few know exactly what they are. So, what is a trust? A trust is a method of ownership of property that divides management of trust property from ownership of trust property. The trustee holds trust property for the benefit of a beneficiary. The trustee has the fiduciary duty
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 »
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 »
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 »
