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		<title>Probate in Texas</title>
		<link>https://www.moakandmoak.com/2024/10/21/probate-in-texas-2/</link>
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		<dc:creator><![CDATA[Legal Corner]]></dc:creator>
		<pubDate>Mon, 21 Oct 2024 16:20:48 +0000</pubDate>
				<category><![CDATA[Probate]]></category>
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					<description><![CDATA[<p>With the influx of people to Texas in the last few years, it occurs to me that many may not be familiar with the system of Probate in Texas.  Probate is one of the most misunderstood words in the legal language, probate is simply the administration of a deceased person’s property or transfer of their &#8230; </p>
<p class="link-more"><a href="https://www.moakandmoak.com/2024/10/21/probate-in-texas-2/" class="more-link">Continue reading<span class="screen-reader-text"> "Probate in Texas"</span></a></p>
<p>The post <a href="https://www.moakandmoak.com/2024/10/21/probate-in-texas-2/">Probate in Texas</a> appeared first on <a href="https://www.moakandmoak.com">Moak &amp; Moak, P.C. -Attorneys At Law</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p class="MsoNormal" style="margin: 0in; font-size: medium; font-family: Aptos, sans-serif; caret-color: #000000; color: #000000;">With the influx of people to Texas in the last few years, it occurs to me that many may not be familiar with the system of Probate in Texas.  Probate is one of the most misunderstood words in the legal language, probate is simply the administration of a deceased person’s property or transfer of their assets.  However, because probate is misunderstood, many take  advantage of families facing probate. Estate administration is the management and settlement of a deceased person’s estate by a personal representative approved by the court.   Estate administration does not require a Will.  Probate can be the formal process of administering a person’s estate when they had a Will, but there are other methods I will discuss in this column.</p>
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<p class="MsoNormal" style="margin: 0in; font-size: medium; font-family: Aptos, sans-serif; caret-color: #000000; color: #000000;">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.</p>
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<p class="MsoNormal" style="margin: 0in; font-size: medium; font-family: Aptos, sans-serif; caret-color: #000000; color: #000000;">Estate administration involves the following steps:</p>
<p class="MsoNormal" style="margin: 0in; font-size: medium; font-family: Aptos, sans-serif; caret-color: #000000; color: #000000;">1.  Collection of the decedent’s assets;</p>
<p class="MsoNormal" style="margin: 0in; font-size: medium; font-family: Aptos, sans-serif; caret-color: #000000; color: #000000;">2.   Payment of debts and claims against the estate;</p>
<p class="MsoNormal" style="margin: 0in; font-size: medium; font-family: Aptos, sans-serif; caret-color: #000000; color: #000000;">3.  Payment of estate taxes, if any;</p>
<p class="MsoNormal" style="margin: 0in; font-size: medium; font-family: Aptos, sans-serif; caret-color: #000000; color: #000000;">4. Determination of heirs, if the decedent died without a Will; and</p>
<p class="MsoNormal" style="margin: 0in; font-size: medium; font-family: Aptos, sans-serif; caret-color: #000000; color: #000000;">5.  Distribution of the remainder of the estate to those entitled to it.</p>
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<p class="MsoNormal" style="margin: 0in; font-size: medium; font-family: Aptos, sans-serif; caret-color: #000000; color: #000000;">In Texas, there are several different methods of administering an estate, some of the more common of which are discussed below.</p>
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<p class="MsoNormal" style="margin: 0in; font-size: medium; font-family: Aptos, sans-serif; caret-color: #000000; color: #000000;"><i><u>Dying without a Will</u></i>:</p>
<p class="MsoNormal" style="margin: 0in; font-size: medium; font-family: Aptos, sans-serif; caret-color: #000000; color: #000000;">
<p class="MsoNormal" style="margin: 0in; font-size: medium; font-family: Aptos, sans-serif; caret-color: #000000; color: #000000;">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.</p>
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<p class="MsoNormal" style="margin: 0in; font-size: medium; font-family: Aptos, sans-serif; caret-color: #000000; color: #000000;"><i> </i></p>
<p class="MsoNormal" style="margin: 0in; font-size: medium; font-family: Aptos, sans-serif; caret-color: #000000; color: #000000;"><i><u>Standard Probate of Wills</u>:</i></p>
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<p class="MsoNormal" style="margin: 0in; font-size: medium; font-family: Aptos, sans-serif; caret-color: #000000; color: #000000;">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.</p>
<p class="MsoNormal" style="margin: 0in; font-size: medium; font-family: Aptos, sans-serif; caret-color: #000000; color: #000000;">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.</p>
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<p class="MsoNormal" style="margin: 0in; font-size: medium; font-family: Aptos, sans-serif; caret-color: #000000; color: #000000;"><i><u>Independent Administration</u>:</i></p>
<p class="MsoNormal" style="margin: 0in; font-size: medium; font-family: Aptos, sans-serif; caret-color: #000000; color: #000000;">
<p class="MsoNormal" style="margin: 0in; font-size: medium; font-family: Aptos, sans-serif; caret-color: #000000; color: #000000;">Texas is one of the states that provides for independent administration &#8211; 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.</p>
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<p class="MsoNormal" style="margin: 0in; font-size: medium; font-family: Aptos, sans-serif; caret-color: #000000; color: #000000;"><i><u>Muniment of Title</u>:</i></p>
<p class="MsoNormal" style="margin: 0in; font-size: medium; font-family: Aptos, sans-serif; caret-color: #000000; color: #000000;"><i> </i></p>
<p class="MsoNormal" style="margin: 0in; font-size: medium; font-family: Aptos, sans-serif; caret-color: #000000; color: #000000;">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.</p>
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<p class="MsoNormal" style="margin: 0in; font-size: medium; font-family: Aptos, sans-serif; caret-color: #000000; color: #000000;"><i><u>Small Estate Affidavit</u>:</i></p>
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<p class="MsoNormal" style="margin: 0in; font-size: medium; font-family: Aptos, sans-serif; caret-color: #000000; color: #000000;">If the decedent died intestate, without a Will, then his estate may be resolved with a small estate affidavit.  If the value of the estate, excluding the homestead, exempt personal property, and nonprobate assets, does not exceed $50,000.00, no formal administration is necessary if the heirs file an affidavit with the court showing that they are entitled to receive the property of the estate.</p>
<p class="MsoNormal" style="margin: 0in; font-size: medium; font-family: Aptos, sans-serif; caret-color: #000000; color: #000000;">
<p class="MsoNormal" style="margin: 0in; font-size: medium; font-family: Aptos, sans-serif; caret-color: #000000; color: #000000;">The small estate affidavit is not necessarily limited to small estates, and may be a useful alternative to a formal administration in certain estates where, for example, the residence and nonprobate assets comprise the majority of the estate and the remaining assets are valued at less than $50,000.00.  Check with your estate planning or probate attorney to see if this is appropriate in your circumstances.</p>
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<p class="MsoNormal" style="margin: 0in; font-size: medium; font-family: Aptos, sans-serif; caret-color: #000000; color: #000000;"><i><u>Informal Family Settlements</u>:</i></p>
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<p class="MsoNormal" style="margin: 0in; font-size: medium; font-family: Aptos, sans-serif; caret-color: #000000; color: #000000;">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.</p>
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<p class="MsoNormal" style="margin: 0in; font-size: medium; font-family: Aptos, sans-serif; caret-color: #000000; color: #000000;">As always, check with your attorney to decide which method of estate administration is right in your particular circumstance.  It could save you time and money.</p>
<p>The post <a href="https://www.moakandmoak.com/2024/10/21/probate-in-texas-2/">Probate in Texas</a> appeared first on <a href="https://www.moakandmoak.com">Moak &amp; Moak, P.C. -Attorneys At Law</a>.</p>
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		<title>Estate Tax Exemption Change is Coming (Maybe)</title>
		<link>https://www.moakandmoak.com/2024/01/19/estate-tax-exemption-change-is-coming-maybe/</link>
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		<dc:creator><![CDATA[Legal Corner]]></dc:creator>
		<pubDate>Fri, 19 Jan 2024 17:43:03 +0000</pubDate>
				<category><![CDATA[Estate Planning]]></category>
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		<guid isPermaLink="false">https://www.moakandmoak.com/?p=3145</guid>

					<description><![CDATA[<p>As we enter a new year, it is time to remind folks of there is a sunset provision that may dramatically change the estate tax.  This is because while the Tax Cuts and Jobs Act of 2017 doubled the gift and estate tax exemption, unless Congress acts before January 1, 2026, this exemption is scheduled &#8230; </p>
<p class="link-more"><a href="https://www.moakandmoak.com/2024/01/19/estate-tax-exemption-change-is-coming-maybe/" class="more-link">Continue reading<span class="screen-reader-text"> "Estate Tax Exemption Change is Coming (Maybe)"</span></a></p>
<p>The post <a href="https://www.moakandmoak.com/2024/01/19/estate-tax-exemption-change-is-coming-maybe/">Estate Tax Exemption Change is Coming (Maybe)</a> appeared first on <a href="https://www.moakandmoak.com">Moak &amp; Moak, P.C. -Attorneys At Law</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p style="font-weight: 400;">As we enter a new year, it is time to remind folks of there is a sunset provision that may dramatically change the estate tax.  This is because while the Tax Cuts and Jobs Act of 2017 doubled the gift and estate tax exemption, unless Congress acts before January 1, 2026, this exemption is scheduled to sunset (end) on December 31, 2025.  This may make a significant change to some folks estate planning.</p>
<p style="font-weight: 400;">
<p style="font-weight: 400;">Right now under current law, there is a lifetime exemption of $13 million for a single person and $26 million for a couple.  This means if the gross estate value is less than the lifetime exemption, no tax would be owed.  However, if Congress fails to act by December 31, 2025, the Federal estate tax exemption will lower to $6 or maybe $7 million per person and $12 to 14 million per couple.</p>
<p style="font-weight: 400;">
<p style="font-weight: 400;">If you own a business, real estate or a farm or ranch, this will likely effect your estate.  When you consider the value of a business, real estate, house, equipment, investment or savings accounts, vehicles and cattle, it does not take long to reach $6 million.</p>
<p style="font-weight: 400;">
<p style="font-weight: 400;">The use of marital deduction trust clauses or family limited partnerships may again become the norm for estate planning for those families with substantial assets.  These marital deduction trusts  were commonly used prior to 2001 when the Federal Estate Tax limit was $600,000.00.</p>
<p style="font-weight: 400;">
<p style="font-weight: 400;">Another planning tool is that you gift some of your cash into a trust that purchases a life insurance policy on you, a parent, or a grandparent. That policy is owned by the trust and at death the policy pays into the trust—at a rate of two to ten times the size of the original gift. TAX-FREE. Zero tax. Yes, not one penny to Uncle Sam. In fact, that could leave your family with enough to pay the estate tax and give generously to charities and foundations that you love as well as provide additional resources for your loved ones.</p>
<p style="font-weight: 400;">
<p style="font-weight: 400;">That’s a MASSIVE tax-free gift, isn’t it?</p>
<p style="font-weight: 400;">Now, even if you don’t have a $6 million estate, you may have assets that will grow enough that it makes sense to gift them out of your estate while the exemption amount is so high. Even moderate gifts can become extremely valuable inside a tax-free vehicle.</p>
<p style="font-weight: 400;">
<p style="font-weight: 400;">There is quite a bit of discussion currently about how to “lock in” the increased gift and estate tax exemption before the sunset.  To do this comfortably, an individual woul have to give away his or her entire remaining ecemption amount now.  Is that what he or she should be doing?  That answer depends on the level of wealth that he or she has.</p>
<p style="font-weight: 400;">
<p style="font-weight: 400;">You may have several options such as making annual exclusion gifts of up to $18,000 per individual to each person in 2024.  That could be $180,000, or $360,000 if made by a couple, to 10 grandchildren.  Prefunding education through 529 accounts or paying tutition on behalf of another directly to the school or other educational provider.  If paying tuition, this is limited to just tuition fees and no other educational expenses.  Other options include paying medical expenses, leveraging lifetime gifts and charitable giving.</p>
<p style="font-weight: 400;">
<p style="font-weight: 400;">Before sunset, review and ensure that your plans still accomplish all intended objectives.  If a taxable estate post sunset is likely, you may want to talk to a professional who can guide you and help you formulate a strategy to take advantage of this window—a window that’s getting narrower by the day. You also have to keep in mind Congress could act and prevent the sunset.  To help you get the insight and planning you need to help you take advantage of this perfect tax storm, please come and see us now, because planning can take time and there are only six and a half months left before the window is scheduled to close.</p>
<p>The post <a href="https://www.moakandmoak.com/2024/01/19/estate-tax-exemption-change-is-coming-maybe/">Estate Tax Exemption Change is Coming (Maybe)</a> appeared first on <a href="https://www.moakandmoak.com">Moak &amp; Moak, P.C. -Attorneys At Law</a>.</p>
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		<title>Gifts to Your Family the IRS Won’t Tax</title>
		<link>https://www.moakandmoak.com/2023/09/06/gifts-to-your-family-the-irs-wont-tax/</link>
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		<dc:creator><![CDATA[Legal Corner]]></dc:creator>
		<pubDate>Wed, 06 Sep 2023 19:55:04 +0000</pubDate>
				<category><![CDATA[taxes]]></category>
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					<description><![CDATA[<p>Don’t allow ongoing political and financial uncertainties to hold you back from providing tax-free gifts that can benefit your family. Despite the speculation surrounding these matters, you still have the opportunity to make tax-free annual exclusion, medical-payment, and educational gifts. &#160; By taking advantage of these gift options, you can support and contribute to the &#8230; </p>
<p class="link-more"><a href="https://www.moakandmoak.com/2023/09/06/gifts-to-your-family-the-irs-wont-tax/" class="more-link">Continue reading<span class="screen-reader-text"> "Gifts to Your Family the IRS Won’t Tax"</span></a></p>
<p>The post <a href="https://www.moakandmoak.com/2023/09/06/gifts-to-your-family-the-irs-wont-tax/">Gifts to Your Family the IRS Won’t Tax</a> appeared first on <a href="https://www.moakandmoak.com">Moak &amp; Moak, P.C. -Attorneys At Law</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>Don’t allow ongoing political and financial uncertainties to hold you back from providing tax-free gifts that can benefit your family. Despite the speculation surrounding these matters, you still have the opportunity to make tax-free annual exclusion, medical-payment, and educational gifts.</p>
<p>&nbsp;</p>
<p>By taking advantage of these gift options, you can support and contribute to the well-being and education of your loved ones without worrying about any tax implications.</p>
<p>&nbsp;</p>
<p><u>Annual Exclusion Gifts</u></p>
<p>These are simply gifts of money or property that fall below a certain value.  For the year 2023, the value is set at $17,000 per person.  So you can give up to $17,000 to as many people as you want without having to worry about gift taxes.  If you’re married, you and your spouse can even double the advantage and gift up to $34,000.</p>
<p>The good news is that the IRS doesn’t consider these gifts as taxable, meaning you don’t have to report them on your federal gift tax return.</p>
<p>&nbsp;</p>
<p>However, if your gifts exceed the annual exclusion amount or don’t meet the requirements, you may need to file a gift tax return.  There are also special situations where you need to file a gift tax return, so consult with an estate planning attorney to be sure.</p>
<p>&nbsp;</p>
<p><u>Medical Exclusion Gifts</u></p>
<p>Paying for someone’s medical expenses directly to the provider or insurance company can quality for medical exclusion.  The IRS doesn’t consider these payments as gifts for gift tax purposes. This means that in 2023, if you pay for your grandchild’s medical expenses, you can still give them an additional $17,000 without having to worry about filing any gift tax returns.</p>
<p>&nbsp;</p>
<p>The types of medical expenses that qualify for this exclusion are generally the same ones that can be deducted for federal income tax purposes.</p>
<p>&nbsp;</p>
<p>Also, take note of these important requirements:</p>
<p>Pay the person or institution that provided the medical care directly.  Otherwise, the payment will be seen as a gift to that individual and not as payment for a qualified medical expense.</p>
<p>The amount you pay must not have already been reimbursed by the individual’s insurance company.  If any portion of the expense has been reimbursed, that reimbursed amount is not eligible for the unlimited medical exclusion from the gift tax.  Instead, it will be treated as if it was given on the date the individual received the reimbursement.</p>
<p>&nbsp;</p>
<p><u>Educational Exclusion Gifts</u></p>
<p>Similar to the medical exclusion gift , paying for someone’s educational expenses, such as their college tuition, qualifies for the education exclusion.  The IRS does not consider it to be a gift for gift tax purposes.</p>
<p>&nbsp;</p>
<p>For the payment to qualify, you also needs to meet 2 critical requirement:</p>
<p>Pay the institution providing the education rather than to the individual receiving the education.</p>
<p>The payment must be for tuition only.  It does not apply to miscellaneous expenses such as dormitory fees, books, and other similar education-related expenses.</p>
<p>&nbsp;</p>
<p><u>Minimize the Impact on your Tax Liability</u></p>
<p>Providing financial assistance through these gift options can help you care for your family and minimize tax liability.  If you have any inquiries regarding the process of giving monetary or property gifts to your family, please do not hesitate to contact your estate planning attorney or tax consultant.</p>
<p>The post <a href="https://www.moakandmoak.com/2023/09/06/gifts-to-your-family-the-irs-wont-tax/">Gifts to Your Family the IRS Won’t Tax</a> appeared first on <a href="https://www.moakandmoak.com">Moak &amp; Moak, P.C. -Attorneys At Law</a>.</p>
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		<title>Estate Planning with an Age Difference</title>
		<link>https://www.moakandmoak.com/2023/07/06/estate-planning-with-an-age-difference/</link>
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		<dc:creator><![CDATA[Legal Corner]]></dc:creator>
		<pubDate>Thu, 06 Jul 2023 19:42:50 +0000</pubDate>
				<category><![CDATA[Estate Planning]]></category>
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		<guid isPermaLink="false">https://www.moakandmoak.com/?p=2988</guid>

					<description><![CDATA[<p>When you are married to someone who is significantly older or younger than you, planning for the future can be different for each of you. To make sure you and your loved ones are protected, it’s important to have a detailed financial and estate plan. To make sure your plan works as intended, you should &#8230; </p>
<p class="link-more"><a href="https://www.moakandmoak.com/2023/07/06/estate-planning-with-an-age-difference/" class="more-link">Continue reading<span class="screen-reader-text"> "Estate Planning with an Age Difference"</span></a></p>
<p>The post <a href="https://www.moakandmoak.com/2023/07/06/estate-planning-with-an-age-difference/">Estate Planning with an Age Difference</a> appeared first on <a href="https://www.moakandmoak.com">Moak &amp; Moak, P.C. -Attorneys At Law</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>When you are married to someone who is significantly older or younger than you, planning for the future can be different for each of you. To make sure you and your loved ones are protected, it’s important to have a detailed financial and estate plan. To make sure your plan works as intended, you should have an open and honest conversation with your spouse about important financial and estate planning topics.</p>
<p>&nbsp;</p>
<p>It is important to discuss your employment plans with your spouse. Your job may provide you and your spouse with health insurance and income, but it can also take up a significant amount of your time.</p>
<p>&nbsp;</p>
<p>If you or your spouse are currently working, it’s important to talk about what you both want to do in the future. If one or both of you plan to retire or stop working soon, you need to consider how it will affect your lifestyle and future plans. Additionally, if you both have different aspirations for retirement, it’s important to discuss how you can compromise and find activities that you can enjoy together.</p>
<p>&nbsp;</p>
<p>As a married couple, it’s important to discuss your retirement plans and make sure your financial future is secure. Retirement means the loss of one type of income and many people rely on their retirement accounts to provide a significant portion of their retirement income. However, this requires advanced planning and open communication between spouses.</p>
<p>&nbsp;</p>
<p>When discussing retirement, it’s important to consider when you plan to retire and whether you can afford to stop receiving a paycheck. If you are unsure, meeting with a financial planner can help ensure your finances are in order. Additionally, you should consider whether there will be a period of time when both of you will be retired or not working, and whether you will have enough money from other sources to support your lifestyle during this time.</p>
<p>&nbsp;</p>
<p>Another important topic to discuss is when you plan to withdraw the required minimum distributions from your retirement accounts. A financial advisor can help you determine the best strategy given your current account balances and your desires for the future. Finally, if there is a significant age difference between you and your spouse, it’s important to discuss whether the younger spouse is anticipating using the retirement funds from the older spouse for their lifetime as well, and whether there will be enough money to support both of you.</p>
<p>&nbsp;</p>
<p>Creating an estate plan is important because it ensures that your loved ones are taken care of when you die. Without an estate plan, Texas law will determine how your money and property will be distributed, and who will make decisions for you if you are unable to make them for yourself.  When reviewing or creating your estate plan, there are several important things to consider.</p>
<p>&nbsp;</p>
<p>Firstly, you need to decide who will serve as your trusted decision-makers, such as your executor, successor trustee, agent under a financial power of attorney, and agent under a medical power of attorney. Because of the age difference between you and your spouse, it is advisable to name alternates to these positions in case your first choice is unable to act on your behalf. If you have children from a previous relationship, you should also consider if and in what order you want to name them to one of these important decision-making roles.</p>
<p>&nbsp;</p>
<p>Secondly, you need to decide who you want to receive your property and money after you die. If your spouse is your beneficiary, you need to consider whether you want them to receive the inheritance outright or in trust. If you plan to leave an inheritance to your children, you need to decide whether they will receive it immediately after your death or after your surviving spouse’s death.</p>
<p>&nbsp;</p>
<p>Lastly, if you have children from your current marriage and previous relationships, you need to consider if  you want them to be treated the same when it comes to inheritance or if you want to give preferential treatment to one group. These are some of the important issues to think about when creating your estate plan.</p>
<p>An estate planning attorney can help explain any estate planning documents you need, including Wills, trusts, powers of attorney and beneficiary designations, and help you create these documents for your current situation.</p>
<p>The post <a href="https://www.moakandmoak.com/2023/07/06/estate-planning-with-an-age-difference/">Estate Planning with an Age Difference</a> appeared first on <a href="https://www.moakandmoak.com">Moak &amp; Moak, P.C. -Attorneys At Law</a>.</p>
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		<title>What is the Difference Between a Partnership and Corporation? Part 1</title>
		<link>https://www.moakandmoak.com/2022/12/08/what-is-the-difference-between-a-partnership-and-corporation-part-1/</link>
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		<dc:creator><![CDATA[Legal Corner]]></dc:creator>
		<pubDate>Thu, 08 Dec 2022 23:29:57 +0000</pubDate>
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		<guid isPermaLink="false">https://www.moakandmoak.com/?p=2873</guid>

					<description><![CDATA[<p>Met with a client recently to discuss the differences between a partnership, corporation and Limited Liability Corporation were.  I thought that might make a good topic for this column and so I will start this week with describing a partnership. &#160; A partnership is an association of two or more persons to carry on as &#8230; </p>
<p class="link-more"><a href="https://www.moakandmoak.com/2022/12/08/what-is-the-difference-between-a-partnership-and-corporation-part-1/" class="more-link">Continue reading<span class="screen-reader-text"> "What is the Difference Between a Partnership and Corporation? Part 1"</span></a></p>
<p>The post <a href="https://www.moakandmoak.com/2022/12/08/what-is-the-difference-between-a-partnership-and-corporation-part-1/">What is the Difference Between a Partnership and Corporation? Part 1</a> appeared first on <a href="https://www.moakandmoak.com">Moak &amp; Moak, P.C. -Attorneys At Law</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>Met with a client recently to discuss the differences between a partnership, corporation and Limited Liability Corporation were.  I thought that might make a good topic for this column and so I will start this week with describing a partnership.</p>
<p>&nbsp;</p>
<p>A partnership is an association of two or more persons to carry on as owners of a business for profit.  What does “carry on” mean?  It is the operation as an ongoing business.  The partnership does not have to actually make a profit and if it does the profits do not have to be equally shared.  However, the partnership must have an agreement to share profits to be valid.  If there is no such agreement, then no partnership.  The partners making up the partnership can be secret, silent or dormant partners.  A secret partner actively participates in the partnership affairs, but his association is generally unknown.  A silent partner is one whose status as a partner is generally and publicly known but does not participate in the management of partnership affairs.  A dormant partner is one whose association with the partnership is generally unknown &amp; who takes no part in the management of partnership affairs.</p>
<p>There is no specific format or formalities that are necessary in order to create a partnership and it may be created without any form of written instrument.  While no written instrument is required you may have one.  The partnership relationship is highly fiduciary in nature.  The partners dealings with each other are subject to the same scrutiny and imputations as transactions with any ordinary trustee/beneficiary relationship. This requires the utmost degree of good faith and fair dealing.</p>
<p>&nbsp;</p>
<p>Generally, a partner is not entitled to compensation (i.e., a salary) for his services to the partnership, no matter how valuable his services may be.  Compensation comes instead from their share of the profits.</p>
<p>&nbsp;</p>
<p>The general rule on liability is that every partner is an agent of the partnership for the purposes of its business and the act of every partner.  All partners are jointly and severally liable for the actions and debts of the partnership.  Any person not a member of the partnership may hold the partnership liable for any loss, injury or penalty resulting from where a partner commits any wrongful act or commission.  Additionally, once the partnership assets are depleted in payment of its debts, the personal estates of the partners may be looked at for satisfaction of the partnership&#8217;s obligations.   When one partner dies in a two-person partnership, this ends the partnership.  This can leave a dilemma if the partnership owns real estate or debts.   Furthermore, there are certain actions that require agreement between all of the partners to be valid.  As with any rule there are exceptions to this.</p>
<p>&nbsp;</p>
<p>Next week I will discuss and describe some of the aspects of a corporation and why that might be the choice of your business entity.</p>
<p><em>Sam A. Moak is an attorney with the Huntsville law firm of Moak &amp; Moak, P.C.  He is licensed to practice in all fields of law by the Supreme Court of Texas, is a Member of the State Bar College, and is a member of the Real Estate, Probate and Trust Law Section of the State Bar of Texas.</em></p>
<p>The post <a href="https://www.moakandmoak.com/2022/12/08/what-is-the-difference-between-a-partnership-and-corporation-part-1/">What is the Difference Between a Partnership and Corporation? Part 1</a> appeared first on <a href="https://www.moakandmoak.com">Moak &amp; Moak, P.C. -Attorneys At Law</a>.</p>
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		<title>The Danger of Homemade Wills</title>
		<link>https://www.moakandmoak.com/2022/11/23/the-danger-of-homemade-wills-2/</link>
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		<dc:creator><![CDATA[Legal Corner]]></dc:creator>
		<pubDate>Wed, 23 Nov 2022 17:18:46 +0000</pubDate>
				<category><![CDATA[Estate Planning]]></category>
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		<guid isPermaLink="false">https://www.moakandmoak.com/?p=2869</guid>

					<description><![CDATA[<p>Reading Consumer Reports this week, I learned the difference between hot cocoa and hot chocolate. Hot cocoa will generally include much less natural cacao fat—also called cocoa butter—than would hot chocolate. Hot chocolate is therefore a richer sensory experience.  Most prefer the richer sensory experience.  You can make either at home, but you will have &#8230; </p>
<p class="link-more"><a href="https://www.moakandmoak.com/2022/11/23/the-danger-of-homemade-wills-2/" class="more-link">Continue reading<span class="screen-reader-text"> "The Danger of Homemade Wills"</span></a></p>
<p>The post <a href="https://www.moakandmoak.com/2022/11/23/the-danger-of-homemade-wills-2/">The Danger of Homemade Wills</a> appeared first on <a href="https://www.moakandmoak.com">Moak &amp; Moak, P.C. -Attorneys At Law</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>Reading Consumer Reports this week, I learned the difference between hot cocoa and hot chocolate. Hot cocoa will generally include much less natural cacao fat—also called cocoa butter—than would hot chocolate. Hot chocolate is therefore a richer sensory experience.  Most prefer the richer sensory experience.  You can make either at home, but you will have a much better experience if you let an expert make it. Likewise, if you let an attorney draft your Will, you will have a much better experience.  As an example, I thought I would present you with a “homemade” Will that I was asked to probate.  The names, and numbers,  have been changed to protect the individuals involved.  The following is a rendition of the Herman Oberwies Will:</p>
<p>&nbsp;</p>
<p>“I am writing of my will mineself that dam lawyir want he should have too much money, he ask too many answers about the family.  First thing I want I don’t want mine brother Oscar get a G<u>    </u>D<u>    </u> thing I got.  He is a mumser he done me out of forty dollars fourteen years since.</p>
<p>&nbsp;</p>
<p>I want it that mine sister hilda get the North Sixtie Akers of at where I am homing it now, I bet she don’t get that gonoph husband of hers to brake twenty akers next plowing.  She can’t have it if she lets Oscar live on it, I want I should have it back if she does.</p>
<p>&nbsp;</p>
<p>Tell Mamma that six hundret dollars she been looking for ten years is buried from the backhouse behind about ten feet down.  She better let little Frederich do the digging and count it when he come up.</p>
<p>&nbsp;</p>
<p>Pastor Luchnitz can have three hundret dollars if he kisses the book he won’t preach no more dumhead talk about politiks, He should a roof put on the meeting house with and the elders should the bills look at.</p>
<p>&nbsp;</p>
<p>Mamma should the rest get, but I want it so mine brother Adolph should tell here what not she should do so no more slick irishers sell her vakom cleaners.  They noise like hell and a broom don’t cost so much.</p>
<p>&nbsp;</p>
<p>I want it that mine brother Adolph be my execter and I want it that the judge please make Adolph plenty bond put up and watch him like hell.  Adolph is a good bisness man but only a dumkopf would trust him with a busted pfennig.</p>
<p>&nbsp;</p>
<p>I want dam sure that schliemiel Oscar don’t nothing get, tell Adolph he can have a hundret dollars if he proves judge, Oscar don’t nothing get.  That dam sure fix Oscar.</p>
<p>&nbsp;</p>
<p>Signed: Herman Oberweiss”</p>
<p>&nbsp;</p>
<p>Probating Mr. Oberweiss’ “will”, unfortunately, was difficult if not impossible because it has several problems.</p>
<p>&nbsp;</p>
<p>To be a valid Will in Texas a Will must show testamentary intent.  However, Mr. Oberweiss states in paragraph two of his Will that “if she lets Oscar live on it, I want I should have it back if she does.”  This seems to indicate Mr. Oberweiss would still be alive.</p>
<p>&nbsp;</p>
<p>Texas law also requires two witnesses subscribe their names to the Will in the testator’s presence.  Mr. Oberweiss’ Will lacks the signature of any witnesses.</p>
<p>&nbsp;</p>
<p>Another problem area for Mr. Oberweiss is his failure to adequately identify his heirs.  Who are “Oscar”, “hilda”, “Mamma”, “Little Frederich” and “Adolph?”  They appear to be family but we do not have their last names and so identifying them is difficult.  For example, while Mr. Oberweiss is familiar with who “Mamma” is, we do not know from the Will.  Several “Mammas” could appear claiming to be the one referred to in the Will.</p>
<p>&nbsp;</p>
<p>Mr. Oberweiss would like “Mamma” to get at least six hundred dollars, that she has been trying to find for ten years, however, we do not have an adequate description of where the money really is.  It is apparently buried behind what Mr. Oberweiss calls the “backhouse,” but where is the backhouse ?</p>
<p>&nbsp;</p>
<p>Further, it is Mr. Oberweiss’ desire “helda” get the “North Sixtie Akers.” How do we know where the “North Sixtie Akers” is?  Apparently it is where he was “homing” at the time he wrote the Will.  But what does “homing” mean?  Where he lived is a good guess, but we really do not know that is what he meant.  What if Mr. Oberweiss was no longer “homing” the property he refers to when he died?   What then ?</p>
<p>&nbsp;</p>
<p>It is clear Mr. Oberweiss belonged to a congregation led by a “pastor.”  While several denominations use this term, Mr. Oberweiss was obviously German and therefore would have probably been Lutheran or, possibly, Roman Catholic.  But would a member of either denomination (or several others who use the term “pastor”) have referred to his church as a “meeting house?”  Neither Lutherans nor Roman Catholics have “elders” at the congregational level.  Presbyterians do, and, on occasion, a Presbyterian minister is addressed as “pastor.”  But “meeting house?”  The term is commonly associated with the Society of Friends, who have no “pastors.”  Even more to the point, however &#8211; Mr. Oberweiss had a “pastor” and therefore could hardly have been Jewish.  Yet don’t you wonder why a well to do farmer of German descent, living in East Texas, would use Yiddish words of execration is speaking of Oscar and Hilda’s husband?</p>
<p>&nbsp;</p>
<p>I must confess Herman Oberweiss, nor his family, really exist.  He was the creation of Will Sears.  Mr. Sears was an attorney in Houston who created Herman Oberweiss’ Will for a Law School Banquet.  Mr. Sears passed away in December of 1990.  This was one of my father’s favorite articles, so thinking of him recently, I decided to publish it again.</p>
<p>&nbsp;</p>
<p>While Herman Oberweiss does not exist, this Will does afford me the opportunity to caution you on the hazards of writing your own Will using a form from the Internet or Do-It-Yourself Will kit.  I know things are a bit scary right now and you may think a homemade Will is your only option, so did Herman, but in the long run the goal of a Will is to make sure your last wishes are accomplished.  Hiring an attorney to write your Will can help you ensure that the technical formalities of Texas law are followed and that your gifts are clear and easily understood.  While a professionally prepared Will may not get electricity run to Aunt Pearl’s casket or make all of the deceased loved one’s family members happy, it will help insure that the true wishes of the decedent are carried out.  <strong>THAT </strong>will damn sure fix Oscar.</p>
<p>The post <a href="https://www.moakandmoak.com/2022/11/23/the-danger-of-homemade-wills-2/">The Danger of Homemade Wills</a> appeared first on <a href="https://www.moakandmoak.com">Moak &amp; Moak, P.C. -Attorneys At Law</a>.</p>
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		<title>Fall Estate Planning Checklist</title>
		<link>https://www.moakandmoak.com/2022/11/02/fall-estate-planning-checklist/</link>
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		<dc:creator><![CDATA[admin]]></dc:creator>
		<pubDate>Wed, 02 Nov 2022 18:11:22 +0000</pubDate>
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		<guid isPermaLink="false">https://www.moakandmoak.com/?p=2857</guid>

					<description><![CDATA[<p>A well-crafted, up-to-date estate plan will help to protect you and your family. Yet, Forbes reports that nearly half of adults over the age of 55 do not even have a will—let alone a comprehensive estate plan. 55 is not a magic age, as there are many families that start much younger and need estate &#8230; </p>
<p class="link-more"><a href="https://www.moakandmoak.com/2022/11/02/fall-estate-planning-checklist/" class="more-link">Continue reading<span class="screen-reader-text"> "Fall Estate Planning Checklist"</span></a></p>
<p>The post <a href="https://www.moakandmoak.com/2022/11/02/fall-estate-planning-checklist/">Fall Estate Planning Checklist</a> appeared first on <a href="https://www.moakandmoak.com">Moak &amp; Moak, P.C. -Attorneys At Law</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p class="MsoNormal" style="margin: 0in; font-family: Calibri, sans-serif; text-align: justify;"><span style="font-family: 'Times New Roman', serif; color: #222222;">A well-crafted, up-to-date estate plan will help to protect you and your family. Yet, Forbes reports that nearly half of adults over the age of 55 do not even have a will—let alone a comprehensive estate plan. 55 is not a magic age, as there are many families that start much younger and need estate planning.  Making sure that you have an estate plan for the future that effectively protects you and your loved ones is important. With a few relatively simple steps, you can get the peace and security that you need. Here, is an estate planning checklist to help get you started.</span></p>
<p class="MsoNormal" style="margin: 0in; font-family: Calibri, sans-serif; text-align: justify;"><span style="font-family: 'Times New Roman', serif; color: #222222;"> </span></p>
<p class="MsoNormal" style="margin: 0in; font-family: Calibri, sans-serif; text-align: justify;"><span style="font-family: 'Times New Roman', serif; color: #222222;">Your Estate Planning Checklist for the Fall:</span></p>
<p class="MsoNormal" style="margin: 0in; font-family: Calibri, sans-serif; text-align: justify;"><span style="font-family: 'Times New Roman', serif; color: #222222;"> </span></p>
<p class="MsoNormal" style="margin: 0in; font-family: Calibri, sans-serif; text-align: justify;"><span style="font-family: 'Times New Roman', serif; color: #222222;">1. Draft or Review your Last Will and Testament and/or Trust</span></p>
<p class="MsoNormal" style="margin: 0in; font-family: Calibri, sans-serif; text-align: justify;"><span style="font-family: 'Times New Roman', serif; color: #222222;"> </span></p>
<p class="MsoNormal" style="margin: 0in; font-family: Calibri, sans-serif; text-align: justify;"><span style="font-family: 'Times New Roman', serif; color: #222222;">The first step on your fall estate planning checklist is to review your will. If you do not have a Will, it is time to draft a Will. Every adult can benefit from a clear, professionally-drafted Will. You should review your Will on a regular basis. You may also want to set up an alternative estate planning vehicle, such as a living trust. Living trusts (and other types of trusts) are an effective estate planning tool for many families, but may not be necessary in all cases.  If you have any questions about whether or not a trust is the right option for your family, an experienced estate planning attorney can help.</span></p>
<p class="MsoNormal" style="margin: 0in; font-family: Calibri, sans-serif; text-align: justify;"><span style="font-family: 'Times New Roman', serif; color: #222222;"> </span></p>
<p class="MsoNormal" style="margin: 0in; font-family: Calibri, sans-serif; text-align: justify;"><span style="font-family: 'Times New Roman', serif; color: #222222;">2. Make Sure Your Beneficiary Designations are Up to Date</span></p>
<p class="MsoNormal" style="margin: 0in; font-family: Calibri, sans-serif; text-align: justify;"><span style="font-family: 'Times New Roman', serif; color: #222222;"> </span></p>
<p class="MsoNormal" style="margin: 0in; font-family: Calibri, sans-serif; text-align: justify;"><span style="font-family: 'Times New Roman', serif; color: #222222;">It is imperative that you update your beneficiary designations on a regular basis. Properly assigned beneficiary designations allow for the smooth transferring of assets/property. Do you know who the beneficiaries are on your 401(k) or IRA account?  If not, check to make sure. In too many cases, people forget to update their beneficiaries to account for changing circumstances.</span></p>
<p class="MsoNormal" style="margin: 0in; font-family: Calibri, sans-serif; text-align: justify;"><span style="font-family: 'Times New Roman', serif; color: #222222;"> </span></p>
<p class="MsoNormal" style="margin: 0in; font-family: Calibri, sans-serif; text-align: justify;"><span style="font-family: 'Times New Roman', serif; color: #222222;">3. Review your Texas specific Power of Attorney (POA) and Health Care Documents</span></p>
<p class="MsoNormal" style="margin: 0in; font-family: Calibri, sans-serif; text-align: justify;"><span style="font-family: 'Times New Roman', serif; color: #222222;"> </span></p>
<p class="MsoNormal" style="margin: 0in; font-family: Calibri, sans-serif; text-align: justify;"><span style="font-family: 'Times New Roman', serif; color: #222222;">Estate planning is about more than just deciding who gets what.  Your estate plan should protect you in the event that you are traveling, severely injured, fall ill, or otherwise become incapacitated. Check to confirm that your plan provides adequate protection.  Texas has very specific power of attorney or other estate planning documents, you may want:</span></p>
<p class="MsoNormal" style="margin: 0in; font-family: Calibri, sans-serif; text-align: justify;"><span style="font-family: 'Times New Roman', serif; color: #222222;"> </span></p>
<p class="MsoNormal" style="margin: 0in; font-family: Calibri, sans-serif; text-align: justify;"><span style="font-family: 'Times New Roman', serif; color: #222222;">A statutory durable power of attorney;</span></p>
<p class="MsoNormal" style="margin: 0in; font-family: Calibri, sans-serif; text-align: justify;"><span style="font-family: 'Times New Roman', serif; color: #222222;">A special power of attorney;</span></p>
<p class="MsoNormal" style="margin: 0in; font-family: Calibri, sans-serif; text-align: justify;"><span style="font-family: 'Times New Roman', serif; color: #222222;">A health care power of attorney with a HIPAA Release.</span></p>
<p class="MsoNormal" style="margin: 0in; font-family: Calibri, sans-serif; text-align: justify;"><span style="font-family: 'Times New Roman', serif; color: #222222;">A declaration of guardian</span></p>
<p class="MsoNormal" style="margin: 0in; font-family: Calibri, sans-serif; text-align: justify;"><span style="font-family: 'Times New Roman', serif; color: #222222;">A directive to physicians and family</span></p>
<p class="MsoNormal" style="margin: 0in; font-family: Calibri, sans-serif; text-align: justify;"><span style="font-family: 'Times New Roman', serif; color: #222222;">A disposition of remains document</span></p>
<p class="MsoNormal" style="margin: 0in; font-family: Calibri, sans-serif; text-align: justify;"><span style="font-family: 'Times New Roman', serif; color: #222222;"> </span></p>
<p class="MsoNormal" style="margin: 0in; font-family: Calibri, sans-serif; text-align: justify;"><span style="font-family: 'Times New Roman', serif; color: #222222;">4. Check Your Life Insurance Coverage</span></p>
<p class="MsoNormal" style="margin: 0in; font-family: Calibri, sans-serif; text-align: justify;"><span style="font-family: 'Times New Roman', serif; color: #222222;"> </span></p>
<p class="MsoNormal" style="margin: 0in; font-family: Calibri, sans-serif; text-align: justify;"><span style="font-family: 'Times New Roman', serif; color: #222222;">Dealing with the loss of a loved one is never easy—especially when it is unexpected.  Life insurance is a valuable resource. It will provide your family members with much needed financial support in their time of need.  If you have dependents, you can benefit from the protection provided by life insurance. Make sure you review your coverage to ensure it meets your family’s needs.</span></p>
<p class="MsoNormal" style="margin: 0in; font-family: Calibri, sans-serif; text-align: justify;"><span style="font-family: 'Times New Roman', serif; color: #222222;">If you’d like to learn more about naming guardians and estate planning, call an experienced estate planning attorney to schedule a time for us to sit down and talk. </span></p>
<p class="MsoNormal" style="margin: 0in; font-family: Calibri, sans-serif; text-align: justify;"><i><span style="font-family: 'Times New Roman', serif; color: #222222;"> </span></i></p>
<p>The post <a href="https://www.moakandmoak.com/2022/11/02/fall-estate-planning-checklist/">Fall Estate Planning Checklist</a> appeared first on <a href="https://www.moakandmoak.com">Moak &amp; Moak, P.C. -Attorneys At Law</a>.</p>
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		<title>Choose your Children’s Guardian Wisely</title>
		<link>https://www.moakandmoak.com/2022/09/30/choose-your-childrens-guardian-wisely/</link>
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		<pubDate>Fri, 30 Sep 2022 18:33:38 +0000</pubDate>
				<category><![CDATA[Family Law]]></category>
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		<guid isPermaLink="false">https://www.moakandmoak.com/?p=2844</guid>

					<description><![CDATA[<p>After reading a story about a grandmother who lied to a court (did not disclose she had been convicted of theft 4 times) in order to be appointed Guardian and Trustee.  Then proceeded to embezzle $50,000 from her granddaughter (she spent granddaughter’s life insurance proceeds on beer, liquor and cigarettes), I thought it would be &#8230; </p>
<p class="link-more"><a href="https://www.moakandmoak.com/2022/09/30/choose-your-childrens-guardian-wisely/" class="more-link">Continue reading<span class="screen-reader-text"> "Choose your Children’s Guardian Wisely"</span></a></p>
<p>The post <a href="https://www.moakandmoak.com/2022/09/30/choose-your-childrens-guardian-wisely/">Choose your Children’s Guardian Wisely</a> appeared first on <a href="https://www.moakandmoak.com">Moak &amp; Moak, P.C. -Attorneys At Law</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>After reading a story about a grandmother who lied to a court (did not disclose she had been convicted of theft 4 times) in order to be appointed Guardian and Trustee.  Then proceeded to embezzle $50,000 from her granddaughter (she spent granddaughter’s life insurance proceeds on beer, liquor and cigarettes), I thought it would be good to remind everyone to be careful selecting a Guardian and/or Trustee.</p>
<p>&nbsp;</p>
<p>The statistics are staggering: most parents do not have Wills or other documents naming guardians for their children if something happens to the parents. Fewer than 50-75% of parents have named guardians for their minor children.</p>
<p>&nbsp;</p>
<p>Why? One reason is likely lack of knowledge – some parents might understand that a Will is the traditional place to name guardians for children (and the thought of planning for death doesn’t thrill them), but haven’t considered that a Will only applies at death. With medical advances that keep people alive longer, it is more likely that an accident or illness will result in an individual’s incapacity, not death. A stand-alone guardian nomination is an additional document that addresses this modern reality by naming guardians for children whenever the parents are “unavailable,” whether by short-term, long-term or indefinite incapacity, or by death.</p>
<p>&nbsp;</p>
<p>Another common reason parents do not do designate guardians for their children is that they might think “Well, I just assumed my kids would be with my mother,” or “Wouldn’t my kids automatically go to my brother?” Assuming that a certain family member would take over automatically might work if there are no other blood  relatives of either parent, or both parents’ extended families never disagree.  If that is not the case, however, you don’t want to take a chance on leaving your children in the middle of a dispute (litigation) about whom can best care for them.</p>
<p>&nbsp;</p>
<p>The biggest reason parents do not  designate guardians for their children is that “no one feels right” to take their place. They start going through the obvious options and think, “this person isn’t perfect because A, that person isn’t perfect because B,” and so on. Or, in discussing the trade-offs, the spouses disagree on who to name.</p>
<p>&nbsp;</p>
<p>First, think of people – there is no rule that guardians must be relatives – that are capable of fulfilling the role.  For a guardian, start with people that have the health, stamina, and patience necessary to care for your children. An older grandparent who is slightly physically impaired (e.g., uses a cane) could work for one mild-mannered 15 year old, but probably not for rambunctious two year old twins.  If your child is very involved in his school, sports, community activities, and/or religious organization and moving to where your sister (in-law) and family live would be an additional trauma for him, the family of his best friend might be a better choice if their child-rearing values are similar to yours.</p>
<p>&nbsp;</p>
<p>Second, think about what you value most for your children – Family? Location? Religious observance? Lifestyle? Then, evaluate which people on the list best embody what you value most for your children.  If you are truly stuck, think of the worst person who could be named by a court to take care of your children. Thinking about who you don’t want, and why, can help you articulate what you do want.</p>
<p>&nbsp;</p>
<p>Lastly, realize no one is going to be able to “take your place”.  In fact, the kind of planning we do keeps you in your place by providing instructions and guidance about what you want for your kids to the guardians, to the trustees managing how your money is spent on your kids’ behalf, and directly to your kids. By planning, you will be able to provide guidance to a less than ideal individual – a much better situation than having no plan and possibly family arguments or even foster care.</p>
<p>&nbsp;</p>
<p>If you are part of the minority who has done their planning but it’s been some time since your documents were put in place, are the people still right?  Or have situations changed caused by marriage, separation, divorce, births, deaths, change in location, level of trust, type of relationship, etc.? If so, does it affect their ability to serve in the role for which you have named them?</p>
<p>As a lawyer my job is to give counsel to  clients on the choices the client has based on the law and the client’s circumstances.  If you are having a hard time deciding who to name as guardian for your children, or any of your other fiduciaries (trustee, health care power of attorney), I can counsel you.  Moreover, as a third party I can help spouses bridge their differences about who is the right person to be named guardian of their children.</p>
<p>&nbsp;</p>
<p>If you’d like to learn more about naming guardians and estate planning, call our office today to schedule a time for us to sit down and talk.</p>
<p>The post <a href="https://www.moakandmoak.com/2022/09/30/choose-your-childrens-guardian-wisely/">Choose your Children’s Guardian Wisely</a> appeared first on <a href="https://www.moakandmoak.com">Moak &amp; Moak, P.C. -Attorneys At Law</a>.</p>
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		<title>The Comfort That Comes With Planning Ahead</title>
		<link>https://www.moakandmoak.com/2022/09/14/the-comfort-that-comes-with-planning-ahead-2/</link>
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		<pubDate>Wed, 14 Sep 2022 21:53:07 +0000</pubDate>
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					<description><![CDATA[<p>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 &#8230; </p>
<p class="link-more"><a href="https://www.moakandmoak.com/2022/09/14/the-comfort-that-comes-with-planning-ahead-2/" class="more-link">Continue reading<span class="screen-reader-text"> "The Comfort That Comes With Planning Ahead"</span></a></p>
<p>The post <a href="https://www.moakandmoak.com/2022/09/14/the-comfort-that-comes-with-planning-ahead-2/">The Comfort That Comes With Planning Ahead</a> appeared first on <a href="https://www.moakandmoak.com">Moak &amp; Moak, P.C. -Attorneys At Law</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>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 off their estate planning until it is too late.  However, the tragic loss of a young life this morning and the loss of a young couple in College Station last Sunday reminded me, only God knows when it will happen.</p>
<p>&nbsp;</p>
<p>This week’s column is not a cautionary tale about a family who put off their planning and regretted it, this week’s column is about the peace and relief that forethought and planning brings not just to your family, but to you as the person making the plan.</p>
<p>&nbsp;</p>
<p>In a recent article in Market Watch, Chuck Jaffe tells the moving story of his brother Rob, who insisted 2 years ago on creating an estate plan even though he and his wife were both healthy. As Jaffe puts it, “While not pleasant subject matter, it was not morbid&#8230; you&#8217;d rather be drinking lemonade on the veranda, but it wasn&#8217;t a sharp stick in the eye.” However, when Rob became unexpectedly ill in May of last year the estate plan turned out to be a comfort to Rob and his family—such a comfort, according to Jaffe, that Rob “made me [Chuck] promise that I would write about him&#8230; when his time was up, because his story would help others.”</p>
<p>&nbsp;</p>
<p>&#8220;People need to understand&#8230; how big a blessing it is to know &#8212; when their time comes &#8212; that they have everything in order, that they don&#8217;t need to stress or worry about how things they worked their whole life for are going to turn out. I would not want to waste a minute of my life now having to do estate planning or worrying that I live long enough to get documents filed or whatever garbage comes with it. Focusing on death and dying while you are living, that&#8217;s easy; having to focus on death when you are dying, that would be unimaginable.&#8221;</p>
<p>&nbsp;</p>
<p>In my business I frequently see how much easier it is for people to create a plan when they’re healthy, as opposed to the stress that comes with creating a plan when they are sick. Thank you Mr. Jaffe for sharing your brother’s moving story. I hope that your (and your brother’s) words will help motivate others to take comfort in planning ahead.</p>
<p>&nbsp;</p>
<p>If your family has been putting off the necessary discussion of estate planning, I hope Mr. Jaffe’s story motivates you to work on it.   When you’re ready, call our office. We can help your family with the practical details and legal aspect of creating your estate plan and you’ll have the comfort of knowing it is done correctly and will work when the time comes.</p>
<p>The post <a href="https://www.moakandmoak.com/2022/09/14/the-comfort-that-comes-with-planning-ahead-2/">The Comfort That Comes With Planning Ahead</a> appeared first on <a href="https://www.moakandmoak.com">Moak &amp; Moak, P.C. -Attorneys At Law</a>.</p>
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		<title>MAKE SURE YOU TALK TO YOUR DOCTOR</title>
		<link>https://www.moakandmoak.com/2022/09/06/make-sure-you-talk-to-your-doctor-2/</link>
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		<pubDate>Tue, 06 Sep 2022 19:19:57 +0000</pubDate>
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		<guid isPermaLink="false">https://www.moakandmoak.com/?p=2802</guid>

					<description><![CDATA[<p>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 &#8230; </p>
<p class="link-more"><a href="https://www.moakandmoak.com/2022/09/06/make-sure-you-talk-to-your-doctor-2/" class="more-link">Continue reading<span class="screen-reader-text"> "MAKE SURE YOU TALK TO YOUR DOCTOR"</span></a></p>
<p>The post <a href="https://www.moakandmoak.com/2022/09/06/make-sure-you-talk-to-your-doctor-2/">MAKE SURE YOU TALK TO YOUR DOCTOR</a> appeared first on <a href="https://www.moakandmoak.com">Moak &amp; Moak, P.C. -Attorneys At Law</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>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 and start fresh&#8230;at least in the home.  But what about with your health?</p>
<p>&nbsp;</p>
<p>I am not talking about the diet you vowed to follow in your New Year’s Resolution, or trying to look good in that new bathing suit this summer; what I am talking about is your annual checkup—taking stock of your health with your primary care physician and making sure you are both on the same page with your instructions for health care and your advanced healthcare directive or living will.</p>
<p>&nbsp;</p>
<p>When clients come into our office for an estate plan, we ensure that their healthcare instructions are completed as well.  But the job doesn’t end when the document is signed. We tell our clients their health care providers need to be aware of their wishes as well. The best way to ensure that they know and understand your wishes is to take a copy of your advanced healthcare directive or living will with you to your next check up and talk to your physician about it, then ask them to keep the copy on file.</p>
<p>&nbsp;</p>
<p>A rule of thumb with healthcare wishes is to give a copy of your Medical Power of Attorney and your Directive to Physicians and Family to each of your primary care physicians, give copies to each of the healthcare agents you’ve nominated, AND keep a copy or two on file to take with you if you ever need to go to the hospital. Of course, keep the signed original in a safe place with the rest of your estate planning documents.</p>
<p>&nbsp;</p>
<p>If you have a question regarding Elder Law, Estate Planning, Living Trusts or Probate in the Huntsville area, please contact us at 936-295-6394 or visit our website.  Call today and we will connect you with an experienced Elder Law and Probate Attorney.  We can schedule you a face to face appointment to discuss your circumstances. If you have questions or are considering any aspect of your estate plan, probate, or your health care directives, etc. we can help!  We look forward to hearing from you and assisting you with any and all elder law and estate planning needs.</p>
<p>The post <a href="https://www.moakandmoak.com/2022/09/06/make-sure-you-talk-to-your-doctor-2/">MAKE SURE YOU TALK TO YOUR DOCTOR</a> appeared first on <a href="https://www.moakandmoak.com">Moak &amp; Moak, P.C. -Attorneys At Law</a>.</p>
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