Probate may not be necessary when the decedent’s estate is so small that no action is necessary to distribute the property to the beneficiaries or heirs.  However, probate is required in most other circumstances.

Estate administration involves the following steps:

1. Collection of the decedent’s assets;
2. Payment of debts and claims against the estate;
3. Payment of estate taxes, if any;
4. Determination of heirs, if the decedent died without a Will; and
5. Distribution of the remainder of the estate to those entitled to it.

In Texas, there are several different methods of administering an estate, some of the more common of which are discussed below.

Dying without a Will:

Many people may assume that if they are married and die without a Will in Texas, their surviving spouse will inherit their entire estate. This is not always the case. How their property is divided depends on whether it is characterized as community property or separate property.  Whether the children of the deceased person are also children of their spouse comes into the distribution as well.  This often results in a lawsuit to determine heirship and appointment of an Administrator.  Dying without a Will is the least desired result.

Standard Probate of Wills:

Whether you have a handwritten or typewritten Will, its validity must be proved in court.  This procedure is known as probate, and it generally must take place within four years after death.

A Will that is not proved in court is denied probate.  In this event, the decedent’s property passes to his or her heirs as if he or she died without a Will.  Again, this further emphasizes how important it is to execute a Will which meets all legal requirements so that property will pass as the decedent wished.  After proving the validity of a Will, the next step in the probate process is the administration of the estate.

Independent Administration:

Texas is one of the states that provides for independent administration – administration free of court supervision.  This means that after an independent executor or administrator is approved and an inventory of estate assets is filed with the court, the executor or administrator can simply take care of the administration of the estate without any further court involvement or supervision.  The independent executor or administrator is free to settle with creditors, set aside the homestead and other exempt property, manage the property of the estate, sell assets for payment of debts or taxes, and distribute the remaining estate to those entitled to it.  Thus, independent administration avoids the costs and delays associated with a court-supervised estate administration in which the executor or administrator must seek court approval before performing any of these acts.

Muniment of Title:

If there is no need for the appointment of an executor or administrator and the only reason for probating a Will is to clear title to property, a Will can be admitted to probate as a muniment of title.  Under this procedure, there is no executor or administrator appointed.  It is a somewhat more simplified method of probating a will than the traditional formal administration.  It is generally used only when there are no debts of the estate to be paid and no other actions that require the appointment of an executor or administrator.

Informal Family Settlements:

Informal family settlements are permissible where the estate is small and consists only of personal property, such as personal effects and household furnishings, but generally not where the estate includes real estate, bank accounts, stocks, and bonds.  If a motor vehicle is involved, a new certificate of title may be applied for by filing an affidavit of heirship with the Texas Department of Public Safety.

The transfer of property after a person’s death does not have to be scary or expensive.  However, the more organized information you have regarding the person’s estate the better.  Information on property, finances, family members, assets and key contacts are essential.  This information , together with cooperating with your attorney’s questions and providing information and answers, the quicker the process will be and it should help reduce the cost.

As always, check with your attorney to decide which method of estate administration is right in your particular circumstance.  Be sure to have gathered and organized information on the decedent’s estate and assets as well. It could save you time and money.  ©

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A comprehensive estate plan often includes writing a Last Will and Testament to transfer your assets to your beneficiaries.  Once you’ve passed away, the executor of your Will shepherds the Will through the probate process.  However, you may have things you’d like to communicate to your loved ones and beneficiaries that you don’t want to include in the Will itself. Often, these are informal instructions that will help your executor carry out your wishes. It might also include such informal elements as opinions about your funeral, the values you’d like to be remembered for or a list of personal items designated for individuals.

Sometimes known as a letter of intent, a list of personal items designated to certain individuals is a document that provides specific information regarding your preferences as to who gets certain personal items, family heirlooms, sports memorabilia, jewelry, guns or a clock.  The letter of intent should clearly identify the individual and accurately describe the item you wish for them to have.  Labeling the item(s) helps as well. The Will contains a paragraph that specifically references this letter of intent or list so that personal items do not have to be made public record, but the executor knows who gets what item.

Another similar item is a letter of instruction on anything from key contacts, account information, family information, medical care, or your funeral wishes.  A letter of instruction isn’t legally binding in any way, unlike a Will.  Rather, it’s meant to be something of a crib sheet for the executor of your Will or your loved ones. You can use plain English to communicate anything you want regarding your affairs as a reference once you are no longer able to communicate this information personally.

Because there is no legal aspect to this document, you are free to also include messages to your family if you wish, and you can touch on matters that you may not be able to include in something like a Will or an advance directive.

What Should You Include in Your Letter of Instruction?

What you decide to include in your letter of instruction is completely up to you.  There’s no one piece of information that will qualify or disqualify your letter.  Your attorney should provide you with guidance in this matter and may even have a form.  That said, there are a handful of things that will make your executor’s life easier when she’s working to probate your estate. This information includes:

• A list of all your assets;

• The location of any assets that may not be readily accessible;
• All of your account information, including passwords, PIN numbers and account numbers, for any bank accounts or retirement accounts you have;
• Contact information for anyone who helps you with your finances, including attorneys, brokers, bankers and financial advisors;
• Informal directions about how you would like the executor to disperse some of your assets, typically heirlooms or other sentimental possessions;
• If you’d prefer people to make donations in lieu of flowers at your funeral, information about which charities you prefer;
• Where your executor can find your most recent tax returns, Social Security statements, birth certificate and other important documents;
• Similarly, where your executor can find any real estate titles/deeds or oil and gas leases, etc.;
• Your Social Security number;
• Any divorce and/or citizenship papers, or applications thereof;
• Contact information of any creditors (mortgage, car, etc.) and any insurance companies, particularly if you have a life insurance policy;
• If you have pets who will need a home, where you would like your executor to send them.

From there, you can include any messages or additional preferences that come to you. Some people choose to include a preference for burial or cremation. You might even mention which songs you’d like played at the funeral.

Letter of Instruction vs. Last Will

Although a letter of instruction and a Last Will discuss similar topics, they are distinct documents with several differences. First and foremost, a letter of instruction isn’t a legal document, while a Will has legal force. State law requires that your executor or administrator follow the terms of your Will, whereas no one is required to follow your letter of instruction. In order to prevent any potential conflict as to whether your letter of instruction is a testamentary document or not, you should let you estate planning attorney provide guidance.

Because of this distinction, a letter of instruction can be much more flexible. You’re essentially just writing a message to an executor or a loved one with helpful information. This is why you can choose to include anything you want.

A letter of instruction can’t take the place of a Last Will.  If you pass away without a Will, a court-appointed administrator will distribute your possessions according to state and county law rather than your letter.

While it can’t serve as a substitute for a Last Will, a letter of instruction can be extremely helpful to your loved ones.  You can spell your wishes out in simple terms, and you can leave them a final message without the formality that comes with a legal document.

It is very important to have an estate planning attorney help draft your estate planning documents, and provide guidance with letters of instruction.  It is money well spent to avoid expensive conflicts later.

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My family has always challenged each other to vote and be the first to vote, this year I won. Voting is one of our greatest rights!  If the number of people who don’t vote would make an educated vote, then I suspect our country would be far better off.  The incumbent office holders count on you not voting.  They work to stay in office, sometimes for the wrong reasons.  Understand, I am not saying all politicians are bad, but power corrupts people and staying in office too long, can corrupt folks.  But you will not be a part of this process unless you vote.  Our state and local elections are also very important and it is our right to choose our leaders.

I have discussed voting with many people and I am always amazed at how many people do not take advantage of their right to vote.  Considering the extreme sacrifices our ancestors endured to obtain and protect this right, it baffles me that voter turnout is so low.

To underline the importance of voting, this week I thought I would provide some of the most famous events in the voting history of the United States.

• The passage of the U.S. Constitution in 1787 gave white male property owners age 21 and over the right to vote.
• Series of acts from 1807 through 1843 changed voting requirements so that all white men 21 and older could vote.
• The 15^thAmendment, passed in 1870, guaranteed the right to vote to all men that were 21 or older regardless of race or ethnic background.
• The 19^thAmendment, passed in 1920, gave women age 21 and older the right to vote.
• The 24^thAmendment, passed in 1964, made it illegal for states to charge poll tax to voters.
• The Voting Rights Act authorized the federal government to take over registration of voters in areas where state officials had regularly prevented blacks and other minorities from registering to vote or cast their ballots through usage of literacy tests, grandfather clauses, and intimidation tactics. This Act enforced provisions previously guaranteed in the 13^th, 14^th, and 15^thAmendments of almost a century earlier.
• The 26^thAmendment, passed in 1971, lowered the voting age across the nation to 18.
• The Voting Rights Act Amendments of 1982 extended right to vote guarantees given in the 1965 legislation. Further provisions for Americans with disabilities, voters not able to read and write, and those not fluent in English were added to insure their freedoms.
• The National Voter Registration Act (Motor Voter) of 1993 expanded the opportunity for convenient voter registration for every person of voting age by increasing the number of active government agencies serving as registries. The departments of Safety, Health, Human Services, Mental Health and Retardation, and Veteran’s Affairs are required to include voter registration applications with their own department’s forms. Other government offices such as libraries, post offices, county clerk offices, and the Registrar of Deeds will also have voter forms available to the public.

According to a study done by Dr. Michael McDonald, Department of Public and International Affairs at George Mason University on voter turnout, 28% of the eligible voters in Texas actually voted in our 2008 Presidential Primary.  This was up from 2000 (11%) and 2004 (15%).  However, I still feel this low turnout is very sad.

Many times I am given the excuse “one vote does not matter.”  So I thought I would provide you with some examples of where one vote did matter.

• In 1645, one vote gave Oliver Cromwell control of England.
• In 1776, one vote gave America the English language instead of German.
• In 1868, one vote saved President Andrew Jackson from impeachment.
• In 1875, One vote changed France from a monarchy to a republic.
• In 1876, one vote gave Rutherford B. Hayes the Presidency of the United States of America.
• In 1923, one vote gave Adolf Hitler leadership of the Nazi Party.
• In 1941, one vote saved the Selective Service – just weeks before Pearl Harbor was attacked.

• In 1990, one vote decided a state House race in Oakland County, Michigan.

• In 2008 the first African American was elected President of the United States.
• In 2016, in what many thought was an upset, Donald J. Trump was elected President of the United States.
• In 2020, in what can best be described as chaos, Joe Biden was elected.  Whether the Georgia votes changed the election or not, it caused serious damage to our republic’s faith in the voting system.

In his Gettysburg Address, Abraham Lincoln said: “It is rather for us to be here dedicated to the great task remaining before us — that from these honored dead we take increased devotion to that cause for which they gave the last full measure of devotion — that we here highly resolve that these dead shall not have died in vain — that this nation, under God, shall have a new birth of freedom — and that government of the people, by the people, for the people, shall not perish from the earth.”

Early voting opened February 17, 2026.  It continues next week until the 27^th, and then culminates on Tuesday, March 3, 2026.  So, take advantage of your right to vote.  No matter who your personal choice is, the key is that you exercise this right paid for so dearly by our ancestors.  So, be a part of history, VOTE!

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I wish you a financially successful, personally fulfilling and medically uncomplicated recognition of the onset of the generally accepted calendar year 2026, but with due respect for the calendars of choice of other cultures or sects, and having regard to the race, creed, color, age, physical ability, religious faith, choice of computer platform or sexual preference of the wishee.

By accepting this greeting you are bound by these terms that:

This greeting is subject to further clarification or withdrawal.

This greeting is freely transferable provided that no alteration shall be made  to the original greeting and that the proprietary rights of the wishor are acknowledged.

This greeting implies no promise by the wishor to actually implement any of the wishes.

This greeting may not be enforceable in certain jurisdictions and/or the restrictions herein may not be binding upon certain wishees in certain jurisdictions and is revocable at the sole discretion of the wishor.

This greeting is warranted to perform as reasonably may be expected, within the usual application of good tidings, for a period of one year or until the issuance of a subsequent holiday greeting, whichever comes first.

The wishor warrants this greeting only for the limited replacement of this wish or issuance of a new wish at the sole discretion of the wishor.

Any references in this greeting to “The Lord”, “Father Christmas”,  “Our Saviour”, “Rudolph the red nosed reindeer” or any other festive figures, whether actual or fictitious, dead or alive, shall not imply any endorsement  by or from them in respect of this greeting, and all proprietary rights in any referenced third party names and images are hereby acknowledged.

This greeting is made under New Zealand Law.

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Whereas, on or about the night prior to Christmas, there did occur at a certain improved piece of real property (hereinafter “the House”), a general lack of stirring by all creatures therein, including, but not limited to, a mouse.

A variety of foot apparel, e.g. stockings, socks, etc., had been affixed by and around the chimney in said House in the hope and/or belief that St. Nick a/k/a St. Nicholas a/k/a Santa Claus (hereinafter “Claus”) would arrive sometime thereafter.

The minor residents, i.e. the children, of the aforementioned House were located in their individual beds and were engaged in nocturnal hallucinations, i.e. dreams, wherein visions of confectionery treats, including, but not limited to, candies, nuts and/or sugar plums, did dance, cavort and otherwise appear in said dreams.

Whereupon the party of the first part (sometimes hereinafter referred to as “I”), being the joint-owner in fee simple of the House with the party of the second part (hereinafter “Mamma”), and said Mamma had retired for a sustained period of sleep.  (At such time, the parties were clad in various forms of headgear, e.g. kerchief and cap.)

Suddenly, and without prior notice and warning, there did occur upon the unimproved real property adjacent and appurtenant to said House, i.e. the lawn, a certain disruption of unknown nature, cause and/or circumstance.  The party of the first part did immediately rush to a window in the House to investigate the cause of such disturbance.

At that time, the party of the first part did  observe, with some degree of wonder and/or disbelief, a miniature sleigh (hereinafter “the Vehicle”), being pulled and/or drawn very rapidly through the air by approximately eight (8) reindeer.  The driver of the Vehicle appeared to be and in fact was, the previously referenced Claus.

Said Claus was providing specific direction, instruction and guidance to the approximately eight (8) reindeer and specifically identified the animal co-conspirators by name: Dasher, Dancer, Prancer, Vixen, Comet, Cupid, Donner and Blitzen (hereinafter “the Deer”).  (Upon information and belief, it is further asserted that an additional co-conspirator named “Rudolph” may have been involved.)

The party of the first part witnessed Claus, the Vehicle and the Deer intentionally and willfully trespass upon the roofs of several residences located adjacent to and in the vicinity of the House, and noted that the Vehicle was heavily laden with packages, toys and other items of unknown origin or nature.

Suddenly, without prior invitation or permission, either express or implied, the Vehicle arrived at the House, and Claus entered said House via the chimney.

Said Claus was clad in a red fur suit, which was partially covered with residue from the chimney, and he carried a large  sack containing a portion of the aforementioned packages, toys, and other unknown items.  He was smoking what appeared to be tobacco in a small pipe in blatant violation of local ordinances and health regulations.

Claus did not speak, but immediately began to fill the stockings of the minor children, which hung adjacent to the chimney, with toys and other small gifts (Said items did not, however, constitute “gifts” to said minors pursuant to the applicable provisions of the Internal Revenue Code (“I.R.C.”)

Upon completion of such task, Claus touched the side of his nose and flew, rose and/or ascended up the chimney of the House to the roof where the Vehicle and Deer waited and/or served as “lookouts.”

Claus immediately departed for an unknown destination.  However, prior to the departure of the Vehicle, Deer and Claus from said House, the party of the first part did hear Claus state and/or exclaim:

“Merry Christmas to all and to all a good night!”

Or words to that effect.

Respectfully Submitted,

The Grinch, Esquire

I enjoy publishing this each year and  wish I could give the original author credit but he is unknown (although a certain family member always tried to take credit). MERRY CHRISTmas EVERYBODY!!!

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Who pays the bills in your house?  If your house is like most, there is probably one person who handles most of the financial matters. Would you or your spouse be prepared to assume the role of managing the household finances if something happened to the other spouse?  Too often, clients have gone through the process of ensuring their estate plan is in order, just to realize that, when one passes away, the other does not have the information they need to pick up where the other left off.

Consider the checklist below when organizing your household finances.

1. Organize your financial documents and personal information. Leaving behind an organized filing system including everything from account information to contact numbers will help your spouse or children when they need to sort through that information. Imagine the frustration of having to dig through scattered envelopes and stacks of papers to find account information after the recent loss of a loved one. Make sure your spouse knows the location of where personal information is kept, including Wills, Trust documents, insurance information, social security cards, birth certificates, medical records, tax return information, etc. Write the names and contact information of family members, friends, and other emergency contacts. Include the contact information for the professionals you use, such as your doctors, lawyers, attorneys, CPAs, financial planners, insurance agents, etc.

2. Make a list of all of your assets and liabilities. Your assets should include bank accounts, brokerage accounts, safety deposit boxes, properties, etc. Your liabilities should include credit cards, mortgages, car payments, etc.  For each item, list the location, the names on the accounts, the account numbers, and any website login information including usernames, passwords, and security questions. If you were to pass away, this would help your spouse identify what and where all of your assets are.

3. Identify all sources of income and expenses.  This will give your spouse a checklist to follow so they can understand what inflows to expect as well as what bills need to be paid. Indicate whether you pay each bill by paper or online.  If online, be sure to include the usernames, passwords, and security information to access the websites.

4. Document any other miscellaneous information that your spouse might need to run the household.  This part of the planning is not always financial, but still very important.  For example, does your spouse know where you keep the spare keys to your house, or any keys to gates, sheds, lock boxes, or safes?  Make an effort while you are going through your daily routine to think of things that are obvious to you, but may not be as obvious to your spouse or children. Include a list of passwords for social media and other online accounts, passwords for tablets and other electronic devices, locations of flash drives or CDs with old family pictures, and even a basic household maintenance checklist.

Sometimes it is the intimate details of a family’s situation that can be hardest to plan for, but detailed planning will result in the peace of mind that the spouse and family will be taken care of in the event of death or incapacitation.  Sit down with a trusted attorney if you need assistance with planning for these and other life events.

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First, you need to define your goals.  If you were to pass away, who would you want to inherit your assets?  If one of these beneficiaries were to predecease you, who would be your back up choice as a beneficiary?  How and when would you want these assets to be disbributed?  These are some basic goals to address.

Decisions on the distribution of your estate are impacted by the size of your estate, your personal goal and the age and abilities of your beneficiaries.  For example, a distribution to your child may need pass into a trust depending on their age and education goals.  You might want to set up a plan that will provide for education and health expenses to be made by another mature adult until your child has the life experience to make these decisions on their own.

If your children are minors under the age of 18, then the selection of a guardian is crucial.  This will be the person or persons raising your child(ren) in the event that you pass away.  Selecting a trusted family member or close friend that has the same morals and ethics you have factors into this decision.

It is a good idea to select multiple successor executors, trustees and guardians.  This can institute a system of checks and balances, but is important if your first choice is not able to act in this role.

Secondly, you should gather your important documents and information.  If you were hit by a bus tomorrow, where would your trusted executors find information?  This should include your estate documents, deeds, titles to vehicles, financial information, and contacts.  Also, review your beneficiary designations to make sure they line up with your goals.  This is often overlooked.  I have seen far too many families rifle through their parents house trying to locate this information.  This is a difficult task, but even more so in an emergency or after a loss.

Third, do some self reflection.  What is your current health?  What are your current assets?  Who are your key contacts and trusted advisors?

Many estate planners have tools to help you organize and gather this information.  Putting together your personal records in a convenient document will be of great benefit to your family.  It can also save time and stress in an emergency.

Your estate planning attorney can help you identify what documents you need and with the information discussed above, they will implement your plan.

However, you must monitor your plan from time to time.  Relationships change and trusted family members may move or be unable to act.  Your estate plan will need to be reviewed and adjusted.  As a rule of thumb, I recommend you evaluate your assets, advisors, family members and trusted executors every five (5) years, but certainly not more than every ten (10) years.

With a little bit of foresight and planning, you can greatly reduce the administrative burden on your family and heirs after you pass, not to mention saving them time from having to discover and understand your affairs.

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Beginning the week of October 21, 2024,  you can early vote for the November general election.  The poles will be open from 8 am to 5 pm October 21 through the 25th and then open 7 am to 7 pm October 26 through November 1, 2024.  The general election will be held Tuesday, November 5, 2024.  Our state and local elections are also very important and it is our right to choose our leaders.

I have discussed voting with many people and I am always amazed at how many people do not take advantage of their right to vote.  Considering the extreme sacrifices our ancestors endured to obtain and protect this right, it baffles me that voter turn out is so low.

To underline the importance of voting, this week I thought I would provide some of the most famous events in the voting history of the United States.

• The passage of the U.S. Constitution in 1787 gave white male property owners age 21 and over the right to vote.
• Series of acts from 1807 through 1843 changed voting requirements so that all white men 21 and older could vote.
• The 15^th Amendment, passed in 1870, guaranteed the right to vote to all men that were 21 or older regardless of race or ethnic background.
• The 19^th Amendment, passed in 1920, gave women age 21 and older the right to vote.
• The 24^th Amendment, passed in 1964, made it illegal for states to charge poll tax to voters.
• The Voting Rights Act authorized the federal government to take over registration of voters in areas where state officials had regularly prevented blacks and other minorities from registering to vote or cast their ballots through usage of literacy tests, grandfather clauses, and intimidation tactics. This Act enforced provisions previously guaranteed in the 13^th, 14^th, and 15^thAmendments of almost a century earlier.
• The 26^th Amendment, passed in 1971, lowered the voting age across the nation to 18.
• The Voting Rights Act Amendments of 1982 extended right to vote guarantees given in the 1965 legislation. Further provisions for Americans with disabilities, voters not able to read and write, and those not fluent in English were added to insure their freedoms.
• The National Voter Registration Act (Motor Voter) of 1993 expanded the opportunity for convenient voter registration for every person of voting age by increasing the number of active government agencies serving as registries. The departments of Safety, Health, Human Services, Mental Health and Retardation, and Veteran’s Affairs are required to include voter registration applications with their own department’s forms. Other government offices such as libraries, post offices, county clerk offices, and the Registrar of Deeds will also have voter forms available to the public.

According to a study done by Dr. Michael McDonald, Department of Public and International Affairs at George Mason University on voter turnout, 28% of the eligible voters in Texas actually voted in our 2008 Presidential Primary.  This was up from 2000 (11%) and 2004 (15%).  However, I still feel this low turnout is very sad.

Many times I am given the excuse “one vote does not matter.”  So I thought I would provide you with some examples of where one vote did matter.

• In 1645, one vote gave Oliver Cromwell control of England.
• In 1776, one vote gave America the English language instead of German.
• In 1868, one vote saved President Andrew Jackson from impeachment.
• In 1875, One vote changed France from a monarchy to a republic.
• In 1876, one vote gave Rutherford B. Hayes the Presidency of the United States of America.
• In 1923, one vote gave Adolf Hitler leadership of the Nazi Party.
• In 1941, one vote saved the Selective Service – just weeks before Pearl Harbor was attacked.
• In 1990, one vote decided a state House race in Oakland County, Michigan.
• In 2008 the first African American was elected President of the United States.
• In 2016, in what many thought was an upset, Donald J. Trump was elected President of the United States.

In his Gettysburg Address, Abraham Lincoln said: “It is rather for us to be here dedicated to the great task remaining before us — that from these honored dead we take increased devotion to that cause for which they gave the last full measure of devotion — that we here highly resolve that these dead shall not have died in vain — that this nation, under God, shall have a new birth of freedom — and that government of the people, by the people, for the people, shall not perish from the earth.”

Diana McRae, Walker County Elections Officer, was gracious enough to provide me with information for this column.  She has great information on the Walker County website at www.co.walker.tx.us.  Just click on the “CURRENT ELECTIONS” tab.  Sample ballets, voting places and more information can be found there.  You can also call her office if you prefer at (936)436-4959.  Another great source for information per Diana is VoterTexas.gov.  This is provided by the Secretary of State.

I challenge you in the next 2 weeks or certainly Tuesday, November 5th, to take advantage of your right to vote.  No matter who your personal choice is, the key is that you exercise this right paid for so dearly by our ancestors.  So, exercise your constitutional right, VOTE!  I bet I beat you to the polls. 

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The three most recognized multiparty accounts are: (1) the joint account, which may transfer ownership rights to the account’s balance to the surviving party; (2) the agency or convenience account, which does not transfer the account’s balance upon the death of one of the parties; and (3) the payable on death account, which causes the balance to belong to the surviving payees upon the death of the depositor(s).

These multiple party accounts are typically checking accounts, savings accounts, and certificates of deposit, but may also include brokerage accounts, investment accounts, and IRA’s.  They involve contractual arrangements for the deposit of money with financial institutions such as state or national banks, savings and loan associations, credit unions, and brokerage and investment companies.  The disposition of the funds remaining in these accounts upon the death of one of the depositors depends on the type of account, the account contract and the applicable state law.

A joint account is an account that is payable on request to one or more of two parties.  While all parties to a joint account are alive, the parties own the funds in the account in proportion to their net contributions unless there is clear and convincing evidence of a different intent.

Unlike many states, the presumption in Texas is that an account in two or more names does not have the survivorship feature.  In fact, the presumption in Texas is that the funds pass into the deceased party’s estate.  However, it can pass to the surviving party if there is a written survivorship agreement, signed by the deceased party and that contains language expressly making the deceased party’s interest pass to the surviving party.  What language is sufficient to create the survivorship feature is determined by the Texas Estate Code and case law.

A convenience account is an account established by a depositor in the names of the depositor and a co-signer.  The terms of the account must provide that the sums on deposit are paid or delivered to the depositor or to the co-signer “for the convenience” of the depositor.  The depositor is not considered to have made a gift of any interest in the account to the co-signer.  Additionally, any deposits to the account by anyone other than the depositor are considered to have been made by the depositor.  Thus, it appears that the depositor is the owner of all funds in the account.  However, the statute also states that “the making of a deposit in a convenience account does not affect the title to the deposit.  So, if the co-signer deposits funds into the account, it is unclear whether the co-signer has made a gift to the depositor or if the co-signer retains ownership of the deposited amount.  Both have the right to withdraw from the account as long as the depositor is alive.

After the death of the depositor, then the entire balance remaining in the convenience account passes into the depositor’s estate.  The co-signer has no survivorship rights.

A pay on death account is an account payable on request to one or more depositor during the depositors’ lifetimes and on the death of all of the depositors to one or more P.O.D. payees.  A written agreement signed by the depositor(s) and P.O.D. payee(s) is required.

A P.O.D. account belongs to the  depositor or depositors during their lifetimes and not to the P.O.D. payee or payees.  If there are two or more depositors, during their lifetimes, rights between them are governed by the rules applicable to joint accounts and belong to the depositors in proportion to the net contributions by each to the sums on deposit, unless there is clear and convincing evidence of a different intent.

During the lifetime of the depositor or depositors, a P.O.D. account may be paid, on request, to any depositor to the account.  No notice to or consent of the P.O.D. payee is required.  The P.O.D. payees have no withdrawal rights while any depositor is alive.

On the death of the last living depositor, any sums remaining on deposit belong to the P.O.D. payee or payees if surviving, or to the survivor of them if one or more die before the original depositor.

Common issues to all of these multiple party accounts are:

• effect of one party’s liability on other account owner’s interest
• effect of depositor’s incapacity;
• rights of a living party’s creditors;
• rights of a deceased party’s creditors;
• stopping payment from a multiple party account;
• effect of divorce; and
• conflicting disposition by Will.

It is likely many of you have multiple party accounts.  While they can be useful tools in your estate plan, you should consult with your estate planning attorney to make sure they have the effect you intended and do not conflict with your estate planning documents.

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Using your residential property for a business reminds me of the importance of knowing the coverage your homeowners policy provides and the importance of business premises insurance.  Reading and understanding all of the language in a homeowner’s or business liability  insurance policy are not formalities to be skipped over while searching for the signature line.  As with any contract, the fine print can have real and lasting consequences, and its contents will control over any contradictory verbal assurances.  Taking the time to understand the terms of their policies might have headed off bad outcomes for homeowners in two recent cases.

Joan bought property consisting of a home, two barns, and other outbuildings.  She also purchased a homeowners’ insurance policy that excluded coverage for any nondwelling structure that was rented out “unless used solely as a private garage.”  Joan rented the barns to a commercial marina, which used them for storage of customers’ boats.  When one of the barns collapsed due to a storm, Joan submitted a claim for loss of the barn.

The insurer denied coverage, prompting Joan to point out that the rental exclusion should not apply because the marina was using the barn as a “private garage.”  Her point made sense as far as it went, but the insurer won because of a separate exclusion from coverage for any nondwelling “used in whole or in part for business purposes.”  Joan’s main occupation was a financial analyst, and she brought in only a few thousand dollars by renting out the barn.  But all that was necessary for the business purposes exclusion to apply was that the insured regularly engage in the conduct with an intent to profit.

It was significant for the court that, by failing to disclose her conduct, Joan had prevented the insurer from knowing the risks it was insuring.  The purpose of a business pursuits exclusion, after all, is to rule out coverage for a whole set of risks and liabilities flowing from business activity.  It did not matter that the damage to the barn was not caused by the boats that were stored there for profit.

At the heart of another dispute over homeowners’ insurance coverage was what turned out to be an erroneous assumption by the homeowners that “residents of your household” meant any persons living on the same parcel of land, even if in a different house. In this case Ken and June lived in a home.  Their daughter, son-in-law and 10-year-old grandson lived rent-free in another house that was only 20 feet away and had the same mailing address.  The close-knit family often shared meals and activities, and Ken and June regularly cared for their grandson.

When the grandson accidently shot a playmate with a rifle, Ken and June submitted a claim under their homeowners’ policy, which covered “residents of your household who are your relatives.” The insurance company succeeded in arguing that it had no obligation to defend the grandson in a suit for his friend’s injuries because he was not a resident of Ken’s and June’s household.

In legal terminology, a “household” is a collection of persons living together as a unit under one roof or within a single “curtilage.” “Curtilage” is a technical term for the area next to a house that is inside the same enclosure, is used for the intimate activities of the house, and is protected from observation by passers-by.  The house where the grandson lived did not meet any of these criteria so as to make the grandson part of Ken’s and June’s “household.” The four individuals in this case probably constituted a household in many respects and for many purposes, but not in the context of interpreting the homeowner’s insurance policy.

Sitting down with your insurance agent to discuss make sure you have the coverage you believe you are buying is vital.  When entering a contract, particularly one prepared or furnished by another, it is a good idea to review the document carefully.  A better practice would be to have your attorney review the document for you.  Do not put yourself in the position of reviewing your contract after a problem or claim has arisen.  It may be too late.

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