The Texas Supreme Court just released a do-it-yourself will form that it is hoped will reduce the number of people who die without a will (intestate). Lawyers who oppose the creation of such a form worry that people will use it incorrectly and it will cause an increase in expensive probates. Which is it? Only...
An Appointment of Agent for Disposition of Remains is a document where you designate who controls your funeral arrangements and handling of your remains after death. The State has a law in place listing who has priority, in Texas that is found in Health and Safety Code section 711.002 and starts with the surviving spouse,...
A transfer on death deed designates transferees/beneficiaries to receive a piece of real property–home or lot–upon death of the transferor/owner. This is similar to a pay-on-death beneficiary on a bank account. The transferor does not lose any rights to the property during life and can cancel the designation at any time. To prepare one, you...
You can provide for ownership of a Texas-titled vehicle to pass to someone else at your death, without probate and without an affidavit of heirship. The Beneficiary Designation must be filed with the State. Here are instructions for doing that, which are not clearly stated on the two (or three) forms required: Fill out Beneficiary...
One of the documents that makes up the basic estate plan includes the medical power of attorney, where the principal (you) can designate an agent to make your medical decisions when you are no longer able to do so. The medical power of attorney is an important component but it does have limitations. An agent...
We have come across a lot of online will services in our years in business and not one of them has done even an adequate job of protecting clients properly. We just found a new one yesterday that compelled us to write this post. What’s wrong with it? The online services are extremely limited in...
It isn’t uncommon for a person to try to save money by writing a will themselves without the guidance of a qualified attorney. Recently, we helped a family probate one such will. The person typed up a will using a form they bought at an office supply company and later signed a handwritten codicil that...
I worked with a client who was dying of cancer. A few weeks before his death, he decided to hire me to prepare his will and powers of attorney. I traveled to him because he wasn’t in a position to leave the house, brought my portable office equipment, and we talked. He usually took pain...
What can be done to complete an estate plan during this unprecedented time? Clients have been asking how they can finish a will and powers of attorney when it isn’t safe to interact with others. After much brainstorming, lawyers across Texas came up with options. So what do you do? Start regular estate planning beginning...
Probate is not probation. Probate is simply the legal process of transferring property after a person’s death, usually achieved through a court procedure. Probate of a will is required to occur within four years of the date of the person’s death. Spouses don’t automatically take ownership of property and must act within four years in...
