Many think if they have a statutory durable financial power of attorney in Texas that the agent can do anything he or she desires since the document gives broad powers. However, there are some additional powers beyond those listed in the statutory form that create...
The process for court approval (probate) of an original will is generally not difficult in Texas presuming the will was properly drafted and that there was no contest to its validity. However, if the original of the signed will cannot be located, it is more problematic...
The late legendary rock & roll star Jerry Lee Lewis bought 2/3 of a 30-acre Mississippi ranch almost 50 years ago. Not only did Jerry Lee Lewis live there until his death on October 28, 2022, so did his son, Jerry Lee Lewis, III (Lee)...
There is often confusion as to who is the beneficiary of a bank account when an owner of the account dies. The type of account selected on a signature card determines how the account passes at death. Texas has a law on the seven (7) types...
The battle over the estate of notorious murderer Charles Manson (who died in 2017) may soon be finally coming closer to a conclusion. However, it is likely that the hearing (set for later this month) will only get one step closer to finalization. Three people...
It is not unusual for married couples to have a will or trust, joint accounts and/or beneficiary designations whereby the spouse is a beneficiary and/or is a fiduciary (i.e., executor, trustee, agent under power of attorney, etc.). However, if the couple divorces, the fiduciary relationship...
In drafting a will or a trust or in making a beneficiary designation, one of the most common questions that should be asked is “who would be entitled the share of my estate if a beneficiary predeceases me?” When you do not want to name...
Transfer on Death Deeds (TODDs) are a simple tool to pass real estate after your death to avoid probate or an heirship determination. You can change your mind and cancel the deed. You can even name contingent beneficiaries. TODDs have no adverse tax consequences, do...
Last month a lawsuit was filed against Jerry Jones to determine if Jones is the father of a child (Alexandra Davis) who was not born of Jones’ marriage to his wife. Last year a will contest was filed against the Estate of Charley Pride by a...
Instead of your beneficiary inheriting outright, below are eight situations whereby you may want a trust for various protection: If your beneficiary is a minor or too immature to handle assets If your beneficiary is a minor, then the beneficiary (as a matter of law) cannot make...
