Married couples often rely on bank or brokerage representatives to handle the paperwork when they set up their accounts. The spouses may sign forms and then discuss the types of accounts or authorizations after they have already signed the forms. This begs the question as sto what happens when there is evidence that boxes on...KEEP READING

Many people think that creating a last will and testament is all that is needed to protect their assets and ensure that their loved ones are taken care of after they pass away. However, a will is only a part of a comprehensive estate plan that can provide greater protection, minimize taxes, and avoid family...KEEP READING

A terminally ill parent wants to ensure their children are provided for after death. They sign a power of attorney document that includes instructions about placing lawsuit proceeds “in trust” for their children’s benefit. The parent dies that same day. The question then becomes whether those handwritten instructions actually created a trust—or merely gave someone...KEEP READING

Having a will helps a testator to distribute an estate as they see fit, and can make taking care of family after death much easier. Where intestate succession administers an estate in accordance to Texas intestate succession laws, Whether drafting a new will or updating an existing one, there are certain things to know and...KEEP READING

A last will and testament allows you to specify how your property will be distributed after your death. Within the will, there may be bequests regarding certain assets in the estate. However, what are they used for? The Matter of Estate of Brown, 922 S.W.2d 605 (Tex. App. – Texarkana, 1996) case helps answer this....KEEP READING

Close friendships often develop between attorneys and their clients. These relationships can span decades and involve trust on matters ranging from business transactions to family disputes. When a grateful client wants to leave a substantial gift to the attorney who served them faithfully, the gesture seems natural and heartfelt. Texas law takes a different view....KEEP READING

Family tragedies test the boundaries of law and equity. A spouse dies under suspicious circumstances. An indictment for murder follows. Meanwhile, the accused stands to inherit substantial property as the surviving spouse or named beneficiary in the decedent’s will. The legal system must then grapple with a fundamental question of justice. Texas statutes of descent...KEEP READING

Introduction A living trust is a legal arrangement in which you, the grantor, transfer property to a trustee. The trustee then manages the property for the benefit of a named beneficiary or beneficiaries. Living trusts are created during the grantor’s lifetime and can be revocable or irrevocable. Texas has specific laws governing living trusts, so...KEEP READING

When a party to a mediated settlement refuses to fulfill a condition within their control, can they later use that failure to void the agreement? This question often arises when settlement regret sets in after the ink has dried. Texas probate disputes frequently involve family members who reach agreements during emotional mediation sessions, only to...KEEP READING

When someone scribbles notes about changing their estate plan, do those handwritten pages become a new will simply because they contain the person’s name somewhere on them? This question haunts many Texas probate disputes where family members discover informal writings after a loved one’s death. The human impulse to find meaning in a deceased person’s...KEEP READING