One problem that we see frequently is families who have children (or other potential beneficiaries) who have an issue with addiction, or suffer from extreme irresponsibility, lack of financial discipline, or severe laziness. The point is that most families have at least one of these issues when considering their Estate Plan and how to not…

In Texas, our probate laws are relatively simple and direct. While the primary goal of estate planning in some states is specifically to avoid probate, in Texas, if you have the right kind of pre-planning done probate can be simple and relatively cost efficient. Still, there are numerous occasions and situations when families want to avoid…

To create and execute a Durable Power of Attorney (DPOA), you must be “competent,” also referred to as “of sound mind.” That means you must have the mental capacity to understand the benefits, risks and effect of signing the document. You can easily revoke your DPOA as long as you are of sound mind, but doing so…

Today, “family” means nearly any construct of people. Perhaps the most prolific family ‘type’ in modern times has been the unmarried couple whocohabitate throughliving together outside of a formal maritalrelationship. The people we lovingly say are “shacking up.” It’s pretty common for people to look at living together as the next logical step in the progression of…

Don’t fail your loved ones when it comes to addressing online accounts- take the proper steps so that your loved ones are prepared to address your digital footprint. Globally, our online presence and daily use of digital resources is astounding. A majority of Americans do some or most of their banking online and a vast…

Transfer of a Mineral Estate When probating or administering mineral interests, it becomes necessary to identify mineral interests for purposes of property inventory and transfer of legal ownership. Starting Point: Where is the Property? First, obtain enough information to identify the location and type of mineral interests. Often, you may not have that information readily…

Nearly everyone in America would benefit from the security of having a basic estate plan that includes a Will, Powers of Attorney (both financial and medical) and an Advance Directive (sometimes referred to as a Living Will.) If you fall into the category of pre-planning Americans who have already completed their plan, you’ve gone further…

As the American population ages, adult children of seniors are scrambling to help their aging parents and protect themselves against the uncertainty in the legal system. So lets dig into some of the basic options available: Starting off with two important points worth understanding: First, Not all estate plans look the same. Each plan should be uniquely…

Even after working to take the necessary steps to build an estate plan, many Texans might still sow the seeds of family discord if the proper estate planning strategies are not used. Often, there is an issue with the division of assets and it has nothing to do with their equal distribution, but their fair…

Although sometimes not discussed, one of the most important legal issues that arises in the estate administration process is the valuation of the property of the estate. Valuation is principally important because putting the wrong value on a piece of property can mean the estate does not get divided properly in accordance with terms of…