Although simple wills are sometimes adequate, planning for the worst-case scenario is the general perspective of the estate planning attorney. You don’t have to be wealthy to need estate planning. The following are facts of a case and solutions from the perspective of the estate...
Many do not know about probate. There is much confusion as the process varies from state to state. The following explains 8 myths about probate. Myth No. 1: If you have a will, the court must always approve the will through probate. Wills do not always have...
There is much debate among Texas attorneys as to whether it is better to have a Last Will and Testament or a Revocable Living Trust to transfer assets at death under the terms and conditions you desire. The simple answer is that it depends on...
A common question by someone who has been appointed as an executor of a Will after the Will has been probated (the process where it is determined the decedent’s Will is valid) is “What can I charge for acting as Executor?” After all, it often...
Although conditional bequests in a will or trust are normally upheld to give freedom that your assets pass the way you want at your death, sometimes conditional provisions are held to be either unconstitutional or void against public policy. The request for a new trial of a death row...
If a will written on the fender of a tractor or on the back of a photo or even a blank piece of paper with indentions could be considered valid by a court, could your handwriting on a wall be considered a valid will? It...
After killing several people in Canada resulting in a manhunt over three Canadian provinces, Kam McLeod, 19, and Bryer Schmegelsky, left a video on a cellphone in which they said goodbye to their families and described their last wishes for their remains similar to a...
On July 17, 2019, the Uniform Law Commission passed an act allowing probate courts to validate Wills electronically signed by a testator and witnesses. Texas law does not presently permit electronic signing and witnessing of Wills due to special signing requirements to make sure the Will...
Although beneficiary designations (such as the beneficiary of a life insurance policy or retirement account) supersede a Will or intestate succession due to the Contracts Clause of the U.S. Constitution, the U.S. Supreme Court has ruled that if the state has a law that results...
The Will of a quadriplegic man (the “Testator”), who was unable to speak and who communicated with his attorney through a blinking system, was recently upheld by a Fort Worth appellate court. The attorney asked “yes” or “no” questions to the Testator who responded by blinking....
