Most people are interested in protecting their wealth for the sake of their loved ones after they are gone. When a loved one dies, even in the best of circumstances, the events can be overwhelming to process. We all could use a reprieve from the added stresses that can tag along, like the sticker shock from funeral expenses and the …
Navigating a Pandemic: The Importance of Powers of Attorney
What is a Power of Attorney? Is there more than one type or can I use one form for everything? I already have a Will and a named Executor – is this different? These are all questions we hope to illuminate for you in this post. Powers of Attorney are very important to have in place to protect yourself, your …
Can I do an internet Will? Should I file my own LLC?
The internet is a great resource – but like any good thing, it can become a problem if used incorrectly. In the years that we have practiced we have come across unfortunate mistakes made from using internet wills and other online LLC filers. In many cases, undoing the problems caused by the internet will or the online LLC filer costs …
Descent and Distribution, Post #2: Probate and Affidavits of Heirship
What if there is no Will? Is a probate in the County Court always necessary? We have discussed in prior blogs the results of people dying without a Will as it relates to both “Community Property” and “Separate Property.” The reality is that many people pass away having never signed a Will. As outlined in a prior post, the State …
Descent and Distribution Series, Post #1: Community Property
If you’ve been told before that “Texas is a community property state” and wondered what that referred to, this post is for you. Texas and 7 other states’ laws about inheritance and property rights derive from Spanish law, while the others derive from English Law (and Louisiana’s is from French law!). That is significant because Spanish law considers property gained …
Estate Planning Series – Post #3: Does All Property Pass Under My Will? Probate v. Non-probate Assets
Not all property is automatically subject to the terms of your Will. It can be made subject to it, but it is not automatic. We call assets that pass according to your Will “Probate” assets, because they would come under a court’s jurisdiction should your Will ever be offered for probate. On the other hand, property or assets with designated …
Estate Planning Series – Post #2: What’s the Difference Between Community and Separate Property? Why Does it Matter?
Texas is a “community property” state because our inheritance laws are based on Spanish law, as are 7 other states. At least a century before there was equality between spouses, Texas law acknowledged marriage to be a partnership. That means that if you are married, there is a presumption that all of your property, assets, and income is community property and …
Estate Planning Series – Post #1: Do I Need a Will?
We get asked this question often – and it’s a good question! Most people in Texas do need a Will. Anyone who has an investment account (IRA, pension, 401k, stocks, or other accounts) should have a Will. If you have children, a Will is vitally important. If something happens to you, you want your children to be taken care of …