While the simplicity of a Will driven estate plan in Texas is most favored, some situations dictate using a trust instead. Navigating the details of a trust in the pursuit of crafting an optimal estate plan can be overwhelming. All 50 states have different systems of probate. The ultimate purpose of probate is to transfer …
There is no escaping death. However, how you organize your affairs can make life much easier for your loved ones. The reality is,less than half of all Americans have even the most basic estate planning documents. As a result, they voluntarily give up their freedom to decide what will happen to their assets when they …
Many families deal with loved ones who have unexpected events in life that lead to incapacity. Whether it is a fall, heart attack or some other medical emergency, you should be prepared. Therefore, in this weeks’ column I will discuss planning for incapacity and explain the alternatives. What does the term “incapacitated” mean? An adult …
Many clients have asked me how to insure that a bank account or investment account passes to a particular person (spouse or child) without having to wait until a Will is probated. First, I would like to remind you that the amount of time its takes to probate an estate in Texas depends to a …
Continue reading “Joint Accounts with Right of Survivorship”
It was recently brought to my attention that while many adult children are serving as caretakers for their aging parents, very few receive reimbursement for their time or trouble. I am not surprised by this and personally feel this is one’s obligation to their parents. Many children and grandchildren feel that helping their aging relative …
One of the greatest concerns for my clients is that they may end up in a nursing home. This not only means a great loss of personal autonomy, but also a tremendous financial price. Many seniors are watching their retirement funds or “nest eggs” shrink as the financial crisis affecting our country deepens. As a …
As most of you are aware, my law practice if focused primarly on etate planning and helping families transfer their assets from one generation to the next. Quite often I am asked questions about Last Will and Testaments. Therefore, in this week’s column I will address some of the more frequently asked questions regarding Wills. Does a …
I am often asked “If I have a will. Does it have to be probated ?” The answer to that varies with the situation. First let me define Probate. Probate is the court procedure by which a Will is proved to be valid or invalid. In current usage probate has been expanded to generally refer …
Many folks I have counseled tell me they have added a trusted adult child to their financial accounts. Their reasoning is that it gives the child access to help them. That is a perfectly reasonable step to take, but it is important to consider the ramifications, especially as it may affect federal deposit insurance for …
When assisting my clients with their estate planning or transferring their loved one’s assets after death, I am occasionally asked about surviving spouses veterans benefits. We have a wonderful gentleman here in Walker County that helps families with VA benefits, Robert “Bob” Kane, Jr., County Veterans Services Officer. Mr. Kane provided me with information for …
