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Whether a will is drafted by an attorney or not, there are often mistakes that should be avoided including, but not limited to, the following: Choosing a beneficiary as a witness -This could result in disinheritance of that witness under Texas law. Self-proving affidavit not in substantial...

The battle over the originally unclaimed estate of a recluse multi-millionaire, Joseph Stancak, was turned topsy-turvy when the court admitted a mysterious will (without determining validity of the will) seven years after Stancak’s death. Stancak lived frugally in a modest home.  He drove a 28-year-old car,...

Do you desire to take care of “Kitty or Fido” in the event of your death or disability?  For some, the answer is a pet trust so that there is proper care pursuant to the directions to a caregiver as in the trust.  If a...

Since long-term care Medicaid (which helps pay for skilled nursing care and medications) is “means-tested” (assets of the applicant are reviewed to determine if there is eligibility for the government to pay), there is a 5-year “look-back” period as there is a presumption resources were...

Small estates affidavits and affidavits of heirship are often confused as an alternative to a costly court-ordered heirship determination which are often needed when a decedent dies without a will. Heirship determinations require at least 2 attorneys (the applicant’s attorney and an attorney to represent the...

As of January 1, 2024, the homestead equity limit for a Medicaid applicant who is not married and who either applies for the nursing home Medicaid program or “waiver” home care Medicaid program will increase to $713,000 ($688,000 in year 2023). Thus, if the home...

As of January 1, 2024, you can give up to $18,000 per year, per person (other than gifts of future interests) without reporting to the IRS and without gift taxation. So, for example, if a married couple with three children wanted to give the maximum...

Client created a basic estate plan including a will, financial power of attorney, medical power of attorney, directive to physicians a/k/a living will, HIPPA authorization and declaration of guardian in the event of later incompetence.  The client gave extra powers to the agent in the...

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