Probate & Estate

Probate litigation is a legal process for resolving disputes over a deceased person's estate. This process ensures the...

Estate planning isn't just for the wealthy – it's essential for everyone who wants to protect their family and...

The Importance of an Original Will in Texas Probate If you have gone to the trouble of making out your Last Will & Testament in Texas, it is critical that you know where the Original Will is. An Original Will is the Will that you originally signed, and perchance had notarized. We often refer to it as a ‘wet ink original’. An Original Will is so important because the existence of this document is a statement unto itself. Let us say that upon your passing we can only find a copy of your Last Will & Testament. The Court will assume you destroyed your Original Will before you died. This assumption can be a powerful one, and it will be the job of your applicant for administrator’s attorney to overcome this burden. Sometimes, the explanation is simple enough. The Will was lost in a move from a home to a nursing home. The Will was just misplaced and accidentally thrown away.  However, witnesses will have to be brought to Court to discuss whether or not this copy of your Will was in fact an accurate reproduction of your Original Will and if it was indeed your last wishes. This can be a very difficult […]

On March 27, 2013 the United States Supreme Court handed down its decision in US v. Windsor in which it ruled that the federal government could not define marriage so as to prevent same-sex partners from getting federal benefits. The decision represented one of the swiftest civil rights shifts in American history, however, because only part of the federal Defense of Marriage Act was deemed unconstitutional, the change does not usher in a new era of estate planning in states which currently do not recognize same-sex marriage. Texas, of course, does not recognize same-sex unions. As such some of the same old advice on handling estate matters applies. While those couples in a same-sex marriage who live in states recognizing their marriage will be entitled to some federal benefits, such as Social Security benefits, the portion of DOMA allowing states (as opposed to the federal government) to not recognize same-sex marriages from other states remains intact. Thus it remains unclear as to whether those same-sex couples who are married in states recognizing their union will be entitled to federal benefits. For estate planning purposes, same-sex couples in Texas should continue to protect their assets and themselves with the same five […]

With age will come certain dignities and indignities. You can turn moments of undignified realization into points at which your plans come to fruition and chances for exhibit wisdom. By making solid plans now, and appointing people to care for and aid you in the future, you can ensure a dignified retirement and maximize the time you spend passing your life lessons on to younger generations. Devices like Directives to Doctors or Physicians are commonplace in planning for retirement or preparing for a possible disability; an oft overlooked issue is when a senior should not longer drive. After the age of 65, accident rates improve significantly. After the age of 75, an accident is more likely to end in a fatality. No one wants to surrender the keys to their car – a source and symbol of freedom and independence. However, there may come a time when vision, memory or reflexes are such that driving a car, even a short distance, can be lethal to not only yourself, but also to the beloved members of another family. When the time comes you may need some help to surrender that two-ton freedom machine, and that’s what a Future Directive Concerning Driving […]