Although this is a factual situation where assets are preserved even without proper planning, it is best to plan so the risk is reduced. FACTS: 34-year-old single mother (“Susan”) gets hit by a car while walking in the street. Susan’s injury is so severe that she...
Many think by signing a general durable power of attorney that the agent could do anything that the principal (the one who signs the power of attorney) could do. However, the authority of the agent is limited to the extent as permitted by law and...
Although many are aware of advance directives, there is often confusion as to the difference in various estate planning documents used either at the end of life or in connection with medical decisions. The following is a brief description of this variety of documents and usage: 1. Living...
Texas law does not provide domestic partners or significant others the same home protection rights as a surviving spouse. If you are married, your surviving spouse has a right to live in the homestead of the deceased spouse for the remainder of the surviving spouse’s...
Financial powers of attorney may be the most (if not one of the most) important documents that almost everyone should have as illustrated by the following sad (but true) story: Husband dies (with a Will) and leaves everything (although the estate is not large) to wife....
There are numerous ways real estate can be transferred to avoid probate (which is also a way to avoid a successful Medicaid estate recovery claim in Texas), but which way is best will depend on the circumstances. The most common choices are either a transfer...
A common question by someone who has been appointed as an executor of a Will after the Will has been probated (the process where it is determined the decedent’s Will is valid) is “What can I charge for acting as Executor?” After all, it often...
Do you want to analyze a case like an elder law attorney? Here is a recent case and the thoughts that come to mind. Client, 77, who is single but who has had a partner for decades, is about to receive an inheritance that would result...
Although conditional bequests in a will or trust are normally upheld to give freedom that your assets pass the way you want at your death, sometimes conditional provisions are held to be either unconstitutional or void against public policy. The request for a new trial of a death row...
Even prior to the pandemic, most prefer to stay at home as long as possible if they should need long-term care. The increase in Covid variants has caused renewed and even greater interest for alternativesto care at long-term care facilities and the desire of many to stay at home due to safety concerns....
