Everybody thinks it won’t happen to them. Or rather, everybody knows it’s going to happen to them eventually, but nobody thinks it’s going to happen tomorrow, or next week, or even next year. The “it” of which I speak is, of course, death. It is this perceived immortality that allows so many people to put …
Continue reading “The Comfort That Comes With Planning Ahead”
As hot as it is this summer, this maybe a good time to reorganize the closets, clean out those old files in the cabinet, and get rid of all those boxes in the garage. Call it “Extended Spring Cleaning” if you will. Anytime someone “Spring Cleans” seems to be a good time to take stock …
The New York Times has an interesting article on the value of an art collection in estate planning. That’s not something most people think about. After all, most people aren’t serious art collectors. Even among those who are, these collections usually exist more for personal satisfaction than financial gain. “Art investors are nearly …
Continue reading “Art and Sentimental Items in Estate Planning”
Do I probate my spouse’s Will? YES! A common misconception is that you do not have to probate a Will when your spouse dies. Real estate, like automobiles, is titled to convey ownership. The title defines who has legal rights to a property and it must be transferred when the property is sold. Title issues …
Proper execution of a legal instrument requires that the person signing have sufficient mental “capacity” to understand the implications of the document. While most people speak of legal “capacity” or “competence” as a rigid black line–either the person has it or doesn’t–in fact it can be quite variable depending on the person’s abilities and the …
Previously, I wrote about the importance of having a Texas power of attorney. In Texas, this instrument consists of a Durable Power of Attorney, Medical Power of Attorney, Declaration of Guardian, Directive to Physicians, Family and Surrogates and Disposition of Remains sections. While I often advise clients on the benefits of these instruments, far too …
Many of you know that my son, Jacob, was fortunate enough to be one of Texas A&M University’s mascot, Reveille’s caretakers last year. I am an Aggie, Class of ‘88, and thought I knew a lot about Aggieland,, but my appreciation for Reveille and her care grew watching Jacob compete and then care for her. …
Passwords! If you are like me, you hate getting notices you must update or change your password. With the digital world we live in, it seems like we have a million passwords. Electronic passwords are a relatively new concept, but a reality in today’s world. When I was a kid I could remember 100 phone numbers and call …
Texas has enacted the Natural Death Act which allows any competent adult, by signing a directive to physicians, or “living will,” as it often is called, to instruct his or her physician to withhold or withdraw artificial life-sustaining procedures in the event of a terminal condition. The directive takes effect only after two physicians determine …
You would not believe what I have found right here in Walker County, Texas with regards to property records. Hand written, homemade, or instruments that have nothing to do with what they state they are, all proporting to convey property. Just this week, I tried a case where a seller tried to evict someone …
