Each state has its own laws regarding estate planning and real estate. Property laws can vary significantly, affecting everything from the way property titles are held to how estates are taxed and probated. Therefore, the first step in planning your estate is to understand the specific laws that apply in each state where you own property. This may require consultation with estate planning attorneys who are licensed in each respective state to ensure all local regulations are met.

One of the primary challenges of owning property in multiple states is the possibility of having to go through multiple probate processes upon death. Probate can be time-consuming and expensive, particularly if it needs to be conducted in several states. To circumvent this, many estate planners recommend placing the out-of-state property in an limited liability company or perhaps a revocable living trust.

While Texas does not have an estate tax, if you own property in multiple states, you might be subject to estate taxes in each of those states, depending on their laws. Some states have higher estate tax thresholds than others, and a few have no estate taxes at all. Planning strategies might include shifting your domicile to a state with more favorable tax laws or restructuring ownership of properties to minimize the tax burden.

It’s also important to consider the impact of capital gains taxes and how they interact with estate taxes. In some cases, keeping property in the family can lead to significant tax advantages over selling it before death. An estate planning attorney can provide guidance on how to best manage these tax implications.

Organize and maintain detailed records for each property, including deeds, mortgage documents, insurance policies, and a list of all maintenance activities. This documentation will be invaluable for the executor of your estate or the trustee managing the trust.

As laws change and your personal circumstances evolve, so too should your estate plan. Regular reviews and updates will help ensure that your estate plan continues to reflect your wishes and adapts to any new laws or changes in your asset portfolio.

If your estate plan is complex, consider holding a family meeting to discuss your plans and the responsibilities each family member may have. This can help prevent confusion and conflict after your passing, ensuring everyone understands your intentions and the legal landscape.

Owing property in multiple states adds a layer of complexity to estate planning, but with careful preparation and expert advice, you can ensure that your estate is handled smoothly. Limited liability companies, trusts, strategic tax planning, and regular updates are key components of an effective multi-state estate strategy. Consulting with professionals who understand the nuances of multi-state estate planning will provide peace of mind, knowing that your legacy is secure and your wishes will be honored.

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Senate Bill 17

SB 17 is one of several measures introduced this session aimed at restricting certain types of foreign ownership of land in Texas. In its most recent version, which passed the House earlier this month, SB 17 would add a new Subchapter H to Chapter 5 of the Texas Property Code, titled “Purchase or Acquisition of Real Property by Certain Foreign Individuals or Entities.” The bill initially passed the Senate in March and has since been amended by the House. Notably, the House version expands the scope of the bill by granting the Governor authority to designate additional countries and transnational criminal organizations whose nationals or entities would be prohibited from acquiring real property in Texas.

Senate Bill 647

SB 647 is one of two bills introduced this session aimed at combating deed fraud. It proposes amendments to Section 51.901 of the Texas Government Code to enhance protections against the fraudulent filing of property-related documents. Specifically, the bill authorizes county clerks to send written notice to the last known property owner when a recorded instrument purports to create a lien or transfer an interest in real property—particularly when the owner’ s address differs from that of the grantor, obligor, or debtor named in the document. Additionally, SB 647 empowers clerks, upon consultation with the district or county attorney, to refuse to file or record a document if there is probable cause to believe it is fraudulent or if the filer fails to provide required supporting documentation as specified in the statute. The bill passed the Senate and was recently reported favorably out of a House committee.

Senate Bill 648

SB 648 is the second of two bills this session aimed at addressing deed fraud. The bill introduces enhanced recording requirements for certain real property instruments, particularly when such documents are filed by individuals or entities other than attorneys, title agents, title companies, or escrow companies that provide closing, settlement, or comparable transaction services. Under SB 648, if an instrument is submitted for recording by someone outside of these professional categories, the following additional requirements must be met: the instrument must be signed by both the grantor and the grantee in the presence of two subscribing witnesses, and all signatures—including those of the witnesses—must be acknowledged. The bill also imposes stricter requirements for filing affidavits of heirship. Specifically, if the affidavit is filed by someone other than an attorney or title-related professional, it must be signed by the affiant and acknowledged by each person named as an heir, again in the presence of two subscribing witnesses. SB 648 would take effect immediately upon receiving a two-thirds vote in both chambers. It has already met that threshold in the Senate and is currently under consideration in the House.

Senate Bill 2550

SB 2550 addresses five statutes that require sellers of real property to provide specific notices to buyers pertaining to the surface estate, which do not extend to the mineral estate or associated water rights. While current law exempts transactions involving the sale of mineral rights from these notice requirements, it does not provide a similar exemption for the sale of groundwater or surface water rights. SB 2550 corrects this inconsistency by extending the exemption to include transactions involving only groundwater or surface water rights. The bill has passed both chambers of the Legislature and was sent to the Governor for signature on May 13.

Once the 89^th Regular Session of the Texas Legislature ends, a comprehensive report will be prepared for all the changes made in this session.  To view the full text of these and other bills, please visit the Texas Legislature Online (TLO) website.

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In Texas, water rights depend on whether the water is groundwater or surface water.

Generally, Texas law has held that groundwater belongs to the landowner. Groundwater is governed by the rule of capture, which grants landowners the right to capture the water beneath their property. The landowners do not own the water but have a right only to pump and capture whatever water is available, regardless of the effects of that pumping on neighboring wells.

Surface water, on the other hand, belongs to the state of Texas. It can be used by a landowner only with the state’s permission.

Groundwater

Water found below the earth’s surface in the crevices of soil and rocks is called percolating water or, more commonly, groundwater. Texas groundwater law is judge-made law, derived from the English common law rule of “absolute ownership.” Groundwater belongs to the owners of the land above it and may be used or sold as private property. Texas courts have adopted, and the legislature has not modified, the common law rule that a landowner has a right to take for use or sale all the water that he can capture from below his land.

Because of the seemingly absolute nature of this right, Texas water law has often been called the “law of the biggest pump.” Texas courts have consistently ruled that a landowner has a right to pump all the water that he can from beneath his land regardless of the effect on the wells of adjacent owners. The legal presumption in Texas is that all sources of groundwater are percolating waters as opposed to subterranean rivers. Consequently, the landowner is presumed to own underground water until it is conclusively shown that the source of supply is a subterranean river.

The law with respect to ownership of subterranean rivers is not settled in Texas. Both stream underflow and subterranean rivers have been expressly excluded from the definition of underground water in Section 52.001 of the Texas Water Code.

The practical effect of Texas groundwater law is that one landowner can dry up an adjoining landowner’s well and the landowner with the dry well is without a legal remedy. Texas courts have refused to adopt the American rule of “reasonable use” with respect to groundwater.

Winds of change are blowing with regard to groundwater.  The case of Cactus Water Services LLC v COG Operating LLC is now before the Texas Supreme Court.  At the root of the case is who owns produced water.  This case will determine whether or not produced water from oil and gas drilling belongs to the landowner.

Produced water is the water that is comes back up out of the well bore as the well is completed.  Produced water is highly concentrated with salt and chemicals from the fracking process, thus making it harmful to fresh groundwater supplies as well as fields and pastures used for agricultral production.

Produced water must be handled carefully to make sure it does not spread out on the surface and leach or migrate back into the ground.  That much salt on property will kill the grass for a long period of time.  Thus, produced water has been a 100% waste product and almost all of it has been traditionally, injected back into deep formations through injection wells.

Technological advances have transformed  produced water from a waste product into a potentially valuable resource.  Therefore, now we have disputes over ownership of this water.

The importance of Cactus Water Services LLC v COG Operating LLC is that the Texas Supreme Court (TSC) will now decide whether this produced water belongs to the landowner or the oil and gas company.  Over 14 briefs have been filed with the TSC from different entities.  Some on behalf of the oil and gas companies and some on behalf of the landowners.

You don’t have to wait and see how the TSC answers this issue.  You should be thinking ahead, particularly if you enter new oil and gas leases.  These leases should have provisions clearly addressing the ownership of produced water and any associated royalties.  Even if the TSC determines the oil and gas companies own the produced water, there is a way to contract in your oil and gas lease to ensure that you, the landowner, get a royalty and a revenue back.

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The inheritance rights of adopted children are protected when a parent dies without a Will.  Under the Texas Estates Code, an adopted child is treated the same as a natural born child.  Therefore, the adopted child can inherit from his or her adopted parents and vice versa.  The adopted child can also inherit from his or her natural parents, but the natural parents cannot inherit from the child if the child dies without a Will.  This is an important consideration today when often an adopted child seeks and discovers the identity of a natural parent and then establishes a relationship with that parent.

After-born or after-adopted children who are born to or adopted by a person after he or she executed a Will in which such children were not provided for or mentioned at all may inherit only under limited circumstances, so it is best to execute a new Will or a Codicil to the existing Will to provide for the after-born or after-adopted children.

A stepchild does not inherit from a stepparent who dies without a Will because he or she is not considered to be legally related to that stepparent.  This is unfortunate where the stepchild was raised by a natural parent and/or a stepparent.  However, a stepchild may inherit from a stepparent who dies without a Will in some circumstances such as if the stepchild were adopted or an oral or written agreement exist.

Half-blood children share the same natural mother or father but not the same two natural parents.  A half-blood child inherits only half as much as a whole blood child.  For example, if a decedent’s only heirs are a half-blood brother or sister and a whole blood brother or sister, the half-blood heir takes one-third of the estate and the whole blood heir takes two-thirds.

An illegitimate child can inherit from his or her natural mother and vice versa when either dies without a Will.  By contrast, the illegitimate child may not be able to inherit from the natural father or the father’s family members who die without a Will, except upon the occurrence of one of certain specified events: (1) the child is born under circumstances described in the Texas Family Code; (2) the child is adjudicated to be the child of the father by court decree as provided in the Texas Family Code; (3) was legally adopted by his father or (4) if the father executed an acknowledgment of paternity in accordance with the Texas Family Code.  This means that even if a father maintains ties with his illegitimate child, that child will not inherit from him if he dies without a Will, except under limited circumstances.

If you do find yourself in second marriage or any of the above situations, or think you may be, you should consult an attorney.  The Will or estate plan you prepared years ago may not fit the circumstances today.

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Recently, a client came in for assistance because they had sold property to another person by verbal agreement.  In Texas, the transfer of property must be by a written agreement and the description of the property must allow the property to be located on the ground.  My client’s verbal agreement was not valid, worse yet they tried to type something up on their own later that the buyer used to create a false document.  This created a bigger problem that will require a lawsuit to resolve.

A divorce is not something you want to tackle without competent legal advice.  You will find a plethora of  do-it-yourself divorce kits and a whole host of do-it-yourself forms available on the internet.  The problem is that many of these forms are too general, not Texas specific, incomplete, contain unnecessary clauses, or they are just wrong.

You will find that most judges do not like to handle do-it-yourself divorces.  Despite what you might think, this is not because they are out to make attorneys more money or because they are mean and hateful.  It is because judges know all too well the many pitfalls involved in divorce matters.  They are trying to help the do-it-yourselfers, and themselves, from future headaches and problems.

Legalzoom advertises itself as a cheaper alternative to an attorney.  Unfortunately, many people are lured by this promise of lower cost and do not seek the advice of a trained professional.  They believe the document created by LegalZoom will be just as effective as one created by an attorney.

I have reviewed many software programs and took a spin on LegalZoom.  While they look state specific, had I not been a Texas attorney who focuses on estate planning, I might have trusted that the site was providing me with accurate and current information.  Just a few glaring mistakes I found were:

LegalZoom’s advice with regards to Oral Wills.  LegalZoom would have you believe they are valid in Texas.  However, in September 2007, Texas repealed Sections 64 and 65 of the Probate Code, which authorized oral Wills.  In fact, under current Texas Law, oral Wills are ONLY valid if made before September 1, 2007 and in VERY limited circumstances.

Another mistake I found was with regard to providing for pets.  According to LegalZoom, Texas Law does not have provisions for taking care of your pets.  However, Section 112.037 of the Texas Property Code, enacted in January, 2006, does authorize pet trusts.

Almost every attorney I know who works with the formation of business entities has spent hours correcting DIY business formations.  Here is just a list of some of what we fix:

– Selecting the wrong entity

– Failing to complete all steps of formation

– Not correctly obtaining an EIN

– Picking a name that violates a third party’s trademark

– Failing to have a buy out agreement

– Failure to hold the Organizational Meeting or Annual Meetings

Without exception, all of these DIY providers have a disclaimer stating they are not acting as your attorney and their information should not be used as a substitute for the advice of an attorney.

If you are considering are selling or buying real estate, seeking a divorce, formation of a business entity or preparation of a Will, seek the assistance of an attorney.  They can best help you negotiate the minefield of problems that could arise later and the judge or your family will be most appreciative.

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The law gives you the freedom to decide how and to whom your assets are distributed when you die by making a Will.  But if you die without a Will, your assets will be distributed according to a statutory formula that doesn’t take into account your wishes and unique circumstances.

Below is a summary of the way the assets of those who die without a Will in Texas are distributed.  Please understand this is not an exhaustive list.  It does not take into consideration claims of common law marriage, birth of a child after a Will, handwritten documents validity as testamentary instruments and a host of other issues.

Distribution For Single People With No Children

If a you are single and die without a Will in Texas, the Texas Probate Code dictates that your assets will be distributed as follows:

      Your estate will pass equally to your parents, if both are living.  If only one parent is alive, and you don’t have any brothers or sisters, then your entire estate will pass to your surviving parent.

However, if you do have siblings, or descendants of siblings (nieces and nephews), then your surviving parent would receive only half of the estate, and the remaining one half would be divided among your siblings or their descendants.

      All of your estate would pass to your siblings or their descendants if you have no surviving parents.

If you have no surviving descendants, parents, siblings, or descendants of siblings, then the estate is divided into two halves, with one half passing to relatives on your mother’s side of the family, and the other one half passing to relatives on your father’s side.

      If one side of the family has completely died out, the entire estate would pass to the surviving side of the family.

      On rare occasions, when an unmarried person dies without any surviving heir, his estate will pass to the State of Texas.

      Perhaps you have a close friend who you would have wanted to share in your estate. That would not be possible without a Will.

Distribution for Those Who Die Unmarried with Children

If you are single and have children, then all your property will pass to your descendants. If your descendants are of the same degree of relationship, (meaning, for example, that all are your children or all are your grandchildren), then the assets will be divided equally between them.

However, if your descendants are of different degrees of relationship, (meaning some of your children predecease you, leaving children or grandchildren of their own), then the younger generation would only be entitled only to the share the older generation would have received had he or she survived.  Meaning that if you have two siblings and one predeceases you, the children of that deceased sibling divide that share.

Distribution for Those Who Die While Married

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.

Community Property

All property acquired during a marriage is presumed to be community property. Under Texas laws, if you are married and are survived by a spouse and children, then:

Your surviving spouse will inherit all your community property if all your children are also the children of your surviving spouse;

Otherwise, all your one-half interest in the community estate will pass to your children, with your spouse keeping only his or her one-half interest.

If you do not have any children, then your surviving spouse will inherit all of your community property.

Separate Property

If your property is characterized as separate property, the distribution scheme is different:

If you are survived a spouse and children, your surviving spouse is entitled to one third of your separate personal property and only a life estate (the right to use the property until his or her death) in one-third of your separate real property. The rest would be inherited outright by the children of the deceased spouse.

If you are married but have no children or other descendants, your surviving spouse would be entitled to all the separate personal property. But if you have surviving parents and siblings, the surviving spouse would only be entitled to one-half of the separate realproperty with the other half passing to the parents, siblings or descendants of siblings in a manner set forth by the statutes.

If you want the freedom to decide how and to whom your property will be distributed when you die, you need a well written Will.   While the internet promises self help documents, these homemade documents usually add more issues than they resolve.   Additionally, the process for proving who your family (heirs) are without a Will is time consuming, difficult and generally much more expensive than if you had a Will.  You should therefore seek the assistance of an attorney who is well versed in estate planning to help you create these documents and give you peace of mind.  © 2025

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Not having these documents when you need them can prevent you from being able to do important life things, such as renewing your driver’s license or filing taxes. Not only that, replacing these things can be arduous and annoying. To ensure you always have these documents when you need them, I recommend you create a system for storing your important documents and communicating this to your family.  We have prepared a personal records document at my office for clients that is designed to help them start the process of organizing their documents.

There are several reasons why it’s crucial to store important documents properly. First, you want to be able to grab them quickly if you need them — whether it’s because there’s a sudden disaster or you need to do something quickly with them. In my experience, one of the greatest delays in handling estates is due to the lack of organization left behind.  Families spend a great deal of time trying to locate banking, insurance, titles, deeds and other important information when a loved one passes.

Beyond that, not correctly storing your documents can leave you at risk for other potential issues, like losing them or, worse, having them stolen.  Identity theft is a real issue and not having documents stored properly can make you an easier target.

To some degree, what is considered an important document will vary by person or family. However, some documents are likely to be universally important to everyone. “The most important types of documents are government-issued as they are the hardest to replace,” says La Fond. “These are the things you will need in an emergency and having them scattered prevents you from a quick exit.” Below, experts told us these are some of the most important documents to store safely:

Birth certificates

Death certificates

Passports

Social security cards

Marriage licenses

Military service and discharge decrees

Property deeds

Vehicle titles

Insurance policies

Business licenses

Current Last Will and Testament or trust documents

Tax documents

Medical documentation

Estate planning is more than just having the correct documentation prepared, it is creating an organized system and communicating that to your loved ones.  There are too many details to address in this article, but if you have further questions or are planning for your future, you should consult an attorney.

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What does the term “incapacitated” mean?

An adult is incapacitated if , because of a physical or mental condition, the person is substantially unable to provide food, clothing, or shelter for himself or herself, to care for his or her financial affairs.  Merely advanced age or hospitalization does not automatically mean a person is incapacitated.

How can I provide in advance for the management of my financial affairs should I become incapacitated?

As you grow older and the possibility of becoming incapacitated increases, it is wise to consider choosing a trusted friend or family member who will have the legal authority to manage your financial affairs without incurring the expense of a guardianship.  This is done by executing a Durable Power of Attorney.  A Durable Power of Attorney is a legal document in which a person (called a “principal”) appoints another person (called an “attorney-in-fact”) to manage the principal’s financial affairs.  A Power of Attorney will automatically terminate upon the principal’s incapacity under Texas Law unless it is durable, that is, unless it contains language to the effect that “This power of attorney is not affected by the subsequent disability or incapacity of the principal.”

Who will make medical decisions for me should I become incapacitated?

By executing a Power of Attorney for Health Care, you can appoint one or more persons whose judgment you trust to make your medical decisions should you be unable to do so yourself.  You can give your agent complete authority to make medical decisions, or you can limit his or her authority.  Without a  Power of Attorney for Health Care, an adult surrogate may not be able to consent to medical treatment on your behalf if you become incapacitated.  The adult surrogate, in the following order of priority, is as follows: (1) your spouse, (2) an adult child, (3) your parents, (4)  an individual identified to act on your behalf before incapacity, (5) or your nearest living relative.

What is a living will?

A living will is a common name for a document entitled “Directive to Physicians.” A Directive to Physicians allows you to direct that life sustaining procedures, such as use of a respirator, be withheld or withdrawn if two doctors certify in writing that you have an incurable condition and that death is imminent.

What is the difference between an  Power of Attorney for Health Care and a Directive to Physicians?

A Directive to Physicians has very limited application; it only applies to one medical treatment decision, the decision to withhold or withdraw life support when death is imminent.  A Power of Attorney for Health Care covers all medical treatment decisions.

Pursuing for your incapacity can be a difficult process, emotionally and legally.  It is important to give your family peace of mind that they know who has authority and what actions to take ahead of time.  An attorney experienced in estate planning can assist you in determining what option(s) is/are appropriate for your particular situation.  There are too many details to address in this article, but if you have further questions or are planning for your future, you should consult an attorney.

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Because a transfer on death deed is nontestamentary, probate proceedings are not necessary to transfer the transferor’s interest in the described real property.  This has caused quite a bit of confusion about what is to be done.  The fact that the marital status, divorce, property is as is without warranty of title and subject to prior liens and that it may be revoked (yet no specific form for revocation has been produced by the Texas Supreme Court), causes the use of transfer on death deeds to be risky at best.

During the transferor’s lifetime, a transfer on death deed does not affect any right, title, or interest of the transferor in the property.  It does not vest any legal or equitable title in a desginated beneficiary, or subject the property to the claims of creditors of any designated beneficiary.  Notwithstanding the recordation of a transfer on death deed, the transferor retains the right to transfer or encumber the property.  The transferor also retains their present or future homestead rights and any ad valoreum tax exemptions to which the transferor is entitled.  During the transferor’s lifetime, a transfer of death deed does not effect the rights of creditors of the transferor, secured or unsecured, and does not trigger any “due on sale” clause.  Upon death of the transferor, a secured creditor’s rights are subject to the Texas Estates Code.  Additionally, a transfer on death deed does not affect the eligibility for public assistance of either the transferor or any designated beneficiary.

To be effective, a transfer on death deed must be recorded before the transferor’s death.  Likewise, after the transferor’s death, an affidavit of death must be filed  that states that references the transfer on death deed.

Transfer on death deeds are relatively new to Texas.  Quite a bit of confusion can occur as a result of the transfer on death deed, because it is revocable, must be recorded properly, and requires a subsequent filing after death.  Further, if the real estate is owned by two (2) individuals, the death of one does not transfer the survivor’s interest and it is effected by divorce, For these reasons, and the fact the Texas Supreme Court has not provided guidance since 2019, transfer on death deeds are not a favored estate planning tool.

If you are making an estate plan in the near future, seek an attorney that can help answer any questions you may have and guide you on how to create the best least complicated estate plan.  Having a well-crafted estate plan, drafted by an attorney and not pulled off the internet, will save your loved ones grief and money in the long run.

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Another factor to consider, that is often overlooked, is protection of your assets.  When you add another person to your accounts it opens you up to liability.  While it is unlikely the child or person you add to your account would take your funds without permission, it is a possibility.  But the danger I am talking about is accidental loss.  If the person you add to your accounts is ever in a lawsuit or audited, then the attorney on the other side is not going to care it was Mom or Dad’s money.  They just see another source of money for their lawsuit.  Texas provides access to accounts through a statutory durable power of attorney that gives the person(s) you want to have access, but no ownership.  Thus protecting your asset.

However, if it is your intent that a particular account with a financial institution pass to a named survivor immediately upon your death, this can be achieved if the account is set up properly.  As is too often the case, the devil is in the details.  The language sufficient to create survivorship rights is the key.  You do not want your loved one(s) to end up in a legal battle with the financial institution over whether this is the case.

There is a provision in the Texas Estates Code § 113.151, to assist in this regard.  Until this provision was enacted, there was no uniform type of signature card or account agreement governing bank or financial accounts.  The language varied from institution to institution.  In many instances, the agreement was expressed in Uniform Commercial Code legalese, conveying the distinct impression that the primary objective was not to give the customer meaningful information as to the rules governing the account, but rather to protect the bank or financial institution in every conceivable situation.

Estates Code § 113.151 reflects an admirable effort to give the consumer clear and understandable information as to the different types of accounts that are available and the legal consequences attached to them.  However, many banks and financial institutions in Texas still do not use the Uniform Account Form (i.e., statutory safe harbor language) provided in Estates Code § 113.151.  It is unlikely any of the national investment accounts use this language.

The importance of the language used on the bank or financial institution’s signature card being sufficient to create survivorship rights was highlighted by two recent appellate cases.  Armstrong v. Roberts, 211 S.W.3d 867 (Tex.App-El Paso 2006, pet. denied) and In re Estate of Wilson, 213 S.W.3d 491 (Tex.App-Tyler 2006, no pet.h.).  In the Armstrong case the bank had signature cards that stated “Ownership: Joint w suv.”  The issue before the trial and appellate courts was whether this language was sufficient to create survivorship rights.  The court indicated that this language, standing alone, was insufficient.  However, the front of the card made express reference to the back of the card which did contain language substantially similar to Estates Code § 113.151.  In the Wilson case, both the trial and appellate courts agreed that signature cards marked with an “X” next to the designation “Joint with Right of Survivorship” and which referred to a deposit agreement stating that “when a co-owner dies, the balance of the account belongs to the surviving co-owner(s)” was sufficient to create survivorship rights.

To avoid problems, financial institutions should follow the statutory safe harbor language when creating multiparty accounts and give serious consideration to using the statutory form in Estates Code § 113.151.

Another factor to consider is will there be  items such as real estate, vehicles and funeral expenses that must be paid as part of your estate.  If settling your estate will require dealing with these matters, then naming a person as a pay on death beneficiary may leave the executor without the funds to cover these matters.  Additionally, if you have a concern that your beneficiary may need assistance with managing funds you leave them, then naming them as a pay on death beneficiary does not allow the executor the ability to help manage the funds.

When working on your estate plan, your attorney and financial planner should work together to make sure potential problems are avoided.  It is not sufficient that your bank or financial institution have you sign a signature card stating joint account with right of survivorship.  Your estate planning attorney should review the card or document to make sure it complies with safe harbor language of Estates Code § 113.151.  This is particularly important if your bank or financial institution is a national firm.

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