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PRENUPS HELP WITH HAPPILY EVER AFTER
A lot of what I do as an estate planner is help you protect your assets: I help you protect your assets for your children when you die, help you protect your assets when you are elderly and need long term or nursing care, help you protect your business or investment assets from frivolous law…
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Joint Accounts with Right of Survivorship
Many clients have asked me how to insure that a bank account or investment account passes to a particular person (spouse or child) without having to wait until a Will is probated. First, I would like to remind you that the amount of time its takes to probate an estate in Texas depends to a…
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SHOULD YOU INCORPORATE YOUR BUSINESS?
Many folks decide to go into or open a new business everyday. It is part of the American culture to be an entrepreneur. While it is wonderful to “be your own boss,” it does come at a cost and with risk. Following fast on the heels of a decision to go into a particular kind…
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Probate in Texas
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…
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GET OUT AND VOTE!
My youngest son is attending Texas A&M Univeristy and a member of the Corps of Cadets. Due to his commitment to Texas A&M, he will not be able to come home and vote on Election Day. So, he filed out paperwork to mail in his ballet. I am proud that he values the importance of…
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ORGANIZE YOUR ESTATE PLANNING DOCUMENTS
I am commonly asked, “how long will the probate take?” My patent response is, “that depends a great deal on how organized your loved was.” If, like so many, you are prone to disorder in the keeping of important documents, assuming that you keep them at all, you may be well past due for a…
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Federal Regulation of Residential Real Estate
Big Brother, Federal Government Regulation, is coming to residential real estate transactions. This is on the heals of the Corporate Transparency Act (discussed in an earlier column). Issued on February 7, 2024, with a stated purpose of “combat[ing] and deter[ing] money laundering in the U.S. residential real estate sector by increasing transparency, the Residential Rule…
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Multiple Party Accounts
I have found it is common for families to use multiple party accounts to assist in paying bills and transferring assets. Multiple party accounts are important non-probate transfer mechanisms because these accounts are used widely, easy to understand, and inexpensive to obtain. Therefore, in this week’s column I will discuss three of the most recognized…
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Landlord and Tenant Relationships – Tis the Season
It is time of year again, Sam Houston State University Fall semester has begun. With the start of a new Fall semester, there is a flurry of activity with regard to rental property. Whether you own an apartment complex, rent house(s) or just rent a garage apartment, there are some things you should consider as…
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Preserving our Past Through Conservation Easements
Several years ago, my family took a trip to New York City. While there the Boys and I visited Central Park, a wonderful 843 acres of landscaped greenery in the middle of Manhattan. I was curious as to how Central Park was created and found it to be a good educational opportunity for the Boys.…
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The Right to Farm Act
Again, this week I am writing about information that might be beneficial if you have a farm, ranch or rural property for hunting. Heck, it might even apply if you raise vegetables to sell at the Saturday Farmers Market in front of O’Reilly Auto Parts. The Texas Legislature addressed a few right to farm topics…
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Carbon Storage Contracts
Many of you are aware of real estate that is leased for solar panel and windmill fields, but if you have farm or ranch property, these are not the only options for additional revenue. Carbon storage contracts are a relatively new tool that may not interfere with the current use of the property. Additionally, there…
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Care Should be Taken With Deeding Property to a Trust
Under current Texas law, a trust is not a legal entity. Instead, it is a fiduciary relationship in which the trustee holds property for the benefit of the Trust Beneficiaries. Therefore, a trust cannot be named as a grantee on a deed. This is because a trust does not exist and it is in capable…
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Corporate Transparency Act
As of January 1, 2024, a new law known as the Corporate Transparency Act (CTA) requires that certain owners of registered entities provide personal information to anew database created by the US Treasury Department’s Financial Crimes Enforcement Network (called “FinCEN” for short). With limited exceptions, this requirement applies to all registered entitiies, like Limited Liabiity…
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Tax-Deferred Exchange With a Farm or Ranch
I have long endorsed the use of Section 1031 of the Internal Revenue Code when selling property. However, many folks do not utilize this very valuable tax deferment when selling investment property. This tax saving tool is not permanent tax savings, but a way to defer taxes at the time of sale by reinvesting in…
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Estate Plan Stress Tests
Think of your estate plan as a living entity that needs to evolve with the changes in your life. Various life events such as the birth of a child, children growing up, changes in the family dynamics, fluctuations in your investment portfolio, career shifts, health changes, or relocation can all impact your estate plan. External…
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CONTRACTS FOR DEED – A BAD OPTION
Many folks have experienced a bad real estate deal. The best way to avoid a bad real estate experience is to hire a trusted real estate agent and close through a title company. Another common real estate practice to avoid is the method of seller financing was through a Contract for Deed. In this transaction…
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Should You Have a Caregiver Agreement?
It was recently brought to my attention that while many adult children are serving as caretakers for their aging parents, very few receive reimbursement for their time or trouble. I am not surprised by this and personally feel this is one’s obligation to their parents. Many children and grandchildren feel that helping their aging relative…
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Plan for your Long Term Care
One of the greatest concerns for my clients is that they may end up in a nursing home. This not only means a great loss of personal autonomy, but also a tremendous financial price. Many seniors are watching their retirement funds or “nest eggs” shrink as the financial crisis affecting our country deepens. As a…
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THE VALUE OF A REAL ESTATE INSPECTION
There is a common saying “Hindsight is always better than foresight.” However truthful this maybe, it is not very consoling when you experience it. Especially when it involves a large investment like your home or investment property. When buying real estate in Texas you have the duty to have the home inspected. Texas is a…
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Read Your Insurance Policy – It Is Important
The recent rains have resulted in flooding in areas not previously affected. While there are a number of possible reasons, highway expansion, construction of new homes/subdivisions, silt build up in area lakes and creeks, the resulting flooded areas can’t be ignored. This reminded me that it is a good practice to review your insurance policies…
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Documents Commonly Reviewed as part of Probate
You may not be aware of this, but attorneys are required to participate in continuing legal education. The State Bar of Texas requires each attorney to participate in 15 hours of continuing legal education each year. However, if you participate in over 33 hours each year, you will qualify for membership in the State Bar…
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Frequently Asked Questions About Wills
As most of you are aware, my law practice if focused primarly on etate planning and helping families transfer their assets from one generation to the next. Quite often I am asked questions about Last Will and Testaments. Therefore, in this week’s column I will address some of the more frequently asked questions regarding Wills. Does a…
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PIPELINES, AIRPORTS, & ROAD EXPANSION
The Fifth Amendment states, “nor shall private property be taken for public use without just compensation.” My initial, inexperienced impression was that this clause meant just what it said. And over the years, my conviction has not changed that this straightforward language indeed indicates an unequivocal truth—that the Constitution prohibits takings for private use. I…
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Importance of Estate Planning
We plan our vacations, can spend hours choosing a car to buy, and can even spend time selecting a spot to eat dinner. If you are a business owner, you spend time budgeting and buying office equipment. Rancher spend time preparing feeding, working their cattle, and vacinating them. However, we all seem to push estate…
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Endowments for Education
Are you involved with a civil organization? Does your organization award scholarships to graduating seniors at a local high school? Through a charitable gift, you can create an individual endowed fund to benefit most universities. The process can be easy and customizable allowing you to specify your fund’s name and whether you’d like your gift…
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IS PROBATING A WILL REQUIRED ?
I am often asked “If I have a will. Does it have to be probated ?” The answer to that varies with the situation. First let me define Probate. Probate is the court procedure by which a Will is proved to be valid or invalid. In current usage probate has been expanded to generally refer…
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JUST VOTE IN 2024
Another primary is upon us. This will be the first year without Mom and I will miss discussing the candidates with her. I had a conversation with a friend about voting, and they had never voted. So I thought I might try again to encourage folks to vote. My family has always challenged each other…
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Danger of Adding Others to Your Accounts
Many folks I have counseled tell me they have added a trusted adult child to their financial accounts. Their reasoning is that it gives the child access to help them. That is a perfectly reasonable step to take, but it is important to consider the ramifications, especially as it may affect federal deposit insurance for…
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Texas is a Buyer Beware State Part 1
If you did not already realize, Texas is a buyer beware state when it comes to purchasing real estate. Thus, an Earnest Money Contract necessary in a real estate transaction. Once you have settled on a home or commercial property you want to buy and have negotiated the basic terms of the purchase, your agreement…
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Estate Tax Exemption Change is Coming (Maybe)
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…
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Local Assistance for Veterans
When assisting my clients with their estate planning or transferring their loved one’s assets after death, I am occasionally asked about surviving spouses veterans benefits. We have a wonderful gentleman here in Walker County that helps families with VA benefits, Robert “Bob” Kane, Jr., County Veterans Services Officer. Mr. Kane provided me with information for…
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Co-Ownership of Property in Texas
Occasionally I run into situations between unmarried individuals owning property together. This can be a result of two or more people purchasing property together, but more often it is a result of two or more people inheriting property from a deceased individual. Attorneys often face co-ownership issues when advising on inheritance and probate avoidance. Inheritance…
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Don’t Look Now, but the Estate Tax is Changing, Again
The Estate Tax is Changing, Again As we approach the end of the year, it is time to remind folks of the Biden Administration’s Sensible Taxation and Equity Promotion (STEP) Act. This makes a significant change to the Federal Estate Tax set to go in place January 1, 2026. Which means, the Estate Tax is…
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A Practical Guide When Someone You Love Dies
When Someone You Love Dies In my office, we are long on both Probate and Life Experience. Having focused my law practice on estate planning and probate, I have helped thousands with transferring their assets after a loved one passes (probate) and likewise I’ve guided thousands with drafting their estate planning documents to avoid issues…
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Review Your Estate Plans Regularly
Think of your estate plan as a living entity that needs to evolve with the changes in your life. Various life events such as the birth of a child, children growing up, changes in the family dynamics, fluctuations in your investment portfolio, career shifts, health changes, or relocation can all impact your estate plan necessitating…
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Helping Your Parents Age Gracefully
It’s never too early to start preparing for the inevitable – that one day your parents will become dependent on your support. And one of the toughest realities that you will need to face is financing your parents’ care in their old age. Here’s a short list of strategies to help your family shore…
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Importance of Estate Planning When There are No Children
Estate planning can seem fairly simple when you have children to leave your estate to. But what if you don’t have obvious beneficiaries? These days, many singles are planning to marry and have children much later in life. This doesn’t mean that estate planning can be delayed. It is just as important for singles with…
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THE NIGHT BEFORE CHRISTMAS, LEGALLY SPEAKING
The information in this column is not intended as legal advice but to provide a smile during this holiday season. Any readers with a legal problem should lighten up this week, life is precious, so enjoy your family and friends now and join the real world after January 1, 2024. It is time again for…
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Seek Advice with Inheritance
Inheriting wealth is a major event that, if not managed correctly, can lead to financial missteps and potential loss. Individuals who receive an inheritance often face challenges in managing their newfound wealth due to a lack of experience, existing debt issues, or tax complications. However, proactive estate planning can help mitigate these problems, ensuring…
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Livestock Mortality Insurance
I have done several columns on laws and topics Texas landowner need to be familiar with now that they own a piece of Texas and may have ventured into an ag business. This week, I thouht I would cover mortality insurance for livestock. In simple terms, livestock mortality insurance generally covers the premature death of a covered…
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Estate Planning for Single Individuals
In the past few weeks I have addressed the importance of estate planning for couples, married and not married. This week, I will touch on the importance of estate planning for single folks. Making important decisions for yourself and ensuring the proper care of your assets after your passing can be overwhelming as a single…
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How First Responders Can Protect Their Loved Ones
Over the past several weeks our first responders have been very busy, so they were on my mind. While the Game Preserve Fire has been bad, it would be much worse without your bravery and dedication, which is truly appreciated. We recognize that your job can come with a lot of uncertainties and dangers. You…
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Trust Options, What’s right for your needs?
While the simplicity of a Will driven estate plan in Texas is most favored, some situations dictate using a trust instead. Navigating the different trust options in the pursuit of crafting an optimal estate plan can be overwhelming. If you are worried that things might go wrong, you can reach out to us and we…
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Unmarried Couples and Estate Planning
Unmarried couples don’t receive the same legal protections as married couples when it comes to inheritance and taxes. That’s why it’s crucial for unmarried couples to engage in financial and estate planning. Without proper planning, their partner may not receive anything if they pass away. Here are several reasons why you should consider a…
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Joint Accounts with Right of Survivorship
Many clients have asked me how to insure that a bank account or investment account passes to a particular person (spouse or child) without having to wait until a Will is probated. First, I would like to remind you that the amount of time its takes to probate an estate in Texas depends to a…
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Gifts to Your Family the IRS Won’t Tax
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. By taking advantage of these gift options, you can support and contribute to the…
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It’s Never Too Early To Start Planning
It’s never too early to start preparing for the inevitable – that one day your parents will become too old and dependent on your support. And one of the toughest realities that you will need to face is financing your parents’ care in their old age. Here’s a short list of strategies to help…
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ASSUMPTION OF PROPERTY
Occasionally, I am approached by someone who wants to convey property by an Assumption. An Assumption is a means by which a Buyer may assume or take over the mortgage of the Seller. The parties will exchange an Assumption Deed which provides the Buyer title to the property with the requirement to make the Seller’s…
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Keep Tabs on Nonprobate Assets
A common nonprobate asset is an investment account with either a named beneficiary or designated to transfer on death. When you name beneficiaries for non-probate assets, it can have various implications for each person. The outcome may vary based on individual circumstances and goals. It is important to understand that there could be potential…
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The Advantage of Strong Financial and Estate Planning Advisors
Financial abuse and fraud targeting older individuals cost anywhere from $2.6 billion to $36.5 billion annually, as estimated by the National Council on Aging. This is a sad reflection of our society. To protect yourself from financial exploitation, it is best to create a comprehensive estate and financial plan that will ensure your protection…
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Real Estate Deals Gone Wrong
Recently, I met with clients that had discovered their property line was not where they thought. This is a common dispute between property owners and underscores the importance of having a survey prepared when buying property. The title company will not cover encroachments and discrepancies in property lines without a current survey. My discussion with…
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5 Common Estate Planning Questions
Starting an estate plan can be overwhelming, and you probably have many questions. You are not alone. This week I will discuss five questions people often ask about last wills and testaments as they begin to think about estate planning. 1. Aren’t Wills Only for Wealthy People? This is a common myth. Last wills…
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BAHIA PIPELINE AND YOUR PROPERTY
Well, I have written about large power lines and pipelines coming through Walker County before and here we are in Walker County with another new pipeline project. This time a Bahia Pipeline LLC is putting in a major gas pipeline. Many of you may have been contacted in the last few months about access for…
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Social Security Check Not Keeping Up With Inflation
Inflation affects all consumers, but older Americans are facing an especially dramatic loss of buying power. A recent survey by the Senior Citizens League shows that Social Security benefits have seen a 36 percent loss in buying power since 2000. That number is actually an improvement from 2022, when the loss of buying power was…
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Do You Really Need an Estate Planning Attorney?
There is a widespread misconception that estate planning is simply a method of directing one’s assets to designated beneficiaries in the event of death. That’s simply too narrow of a view. Estate planning is necessary—crucial, in fact—in the event that you become incapacitated or otherwise need a loved one to manage your finances. This can…
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Dying Without a Will
Recently, I met with a client who had lost their spouse. They owned a home together and had purchased the real estate 40 plus years ago. In order to sell the home, since the spouse passed without a Last Will and Testament, the surviving spouse could not sell the home. They would have to resolve…
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You Update Your Resume’, Why Not Your Estate Plan
A resume’ is a document that shows employers what experience, skills, and education you have, and how you might perform in a job. If you haven’t updated your resume’ in years, it might not accurately show your abilities. Similarly, estate plans need to be updated regularly to reflect changes in your life and the law.…
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Help, I’ve Fallen and Can’t Get Up! Now What?
In past columns I have discussed the importance of having a Last Will and Testament. A Will is important because it allows you to direct the distribution of your assets and enables you to name a guardian for your children. However, a Will does not take effect until you are no longer alive. What if you have…
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Probate in Texas
I recently corresponded with my good friend, Matt Crider, who practices law in California. The system of probate in California is vastly different that here in Texas. In California, transferring a person’s assets through a Will can take 2 years and the court sets the fee. Probate is simply the administration of a deceased person’s…
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LIFE, Sometimes Gets Complicated
We all face challenges, that is life. However, sometimes events occur that result in a loved one being hospitalized or finding themselves in need of extensive care or worse, loss of a loved one. These are just some compelling reasons to work on your estate plan now. Making sure that you have an estate plan…
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Letters of Instruction in Estate Planning
A good friend and client pointed out to me that I had not done a column on lettres of instruction. So, this week, that is the topic I will cover. A comprehensive estate plan often includes writing a Last Will and Testament to transfer your assets to your beneficiaries. Once you’ve passed away, the executor of…
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Estate Planning with an Age Difference
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…
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Neglecting Your Estate Plan
Risk of Neglecting Your Estate Plan The information in this column is not intended as legal advice but to provide a general understanding of the law. Any readers with a legal problem, including those whose questions are addressed here, should consult an attorney for advice on their particular circumstances. Life is unpredictable and certain events…
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What is Hospice Care?
The information in this column is not intended as legal advice but to provide a general understanding of the law. Any readers with a legal problem, including those whose questions are addressed here, should consult an attorney for advice on their particular circumstances. Hospice care is a type of health care that patients with terminally…
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DECEDENTS?
DECEDENTS? The information in this column is not intended as legal advice but to provide a general understanding of the law. Any readers with a legal problem, including those whose questions are addressed here, should consult an attorney for advice on their particular circumstances. What are DECEDENTS? Often we in the legal world forget there…
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Think of Your Health Care Needs in Advance
Think of Your Health Care Needs in Advance The information in this column is not intended as legal advice but to provide a general understanding of the law. Any readers with a legal problem, including those whose questions are addressed here, should consult an attorney for advice on their particular circumstances. For most people, thinking…
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Business Owners and Estate Planning
When the business is dependent on you as the owner, having an estate plan before you need one is a critical investment. If you are injured or suddenly pass away without an estate plan in place, your business may not be able to survive. After your death, your entire business and its assets may have…
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Seek Advice Before Signing Oil & Gas Leases
While it has been several years since the presence of “landmen” in Walker County, I am often ask about mineral interest and a landowner’s rights whether it is a proposed oil and gas lease or the sale of real estate. So, I thought this a good subject for this week’s column. If you own real…
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Vacation Homes and Estate Planning
In 2018, around 7.5 million second homes existed, which is about 5.5% of all homes. These homes are important because they hold cherished memories for you and your family. To make sure that these memories and your property are protected, it’s crucial to consider the following points about estate planning. Estate Planning for Vacation Property:…
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Pros and Cons of Probate
A good friend and classmate, Matthew Crider, practices estate planning law in California. He wrote an article on the pros and cons of probate there, so this week, I have done the same for probate in Texas. Many times the term “probate” frequently carries a negative connotation. In fact, financial planners advise many individuals,…
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Keep Your Money In The Family
The inheritance you leave could be eaten away by taxes or given to the wrong person(s). This week, I will try to provide tips to avoid this. Everyone should have the basic estate plan components. A life insurance policy, a Will, a designation of agent to control disposition of remains, a durable power of…
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Do I Need to Probate This Will?
I am amazed at how many times I am asked is “Do I need to probate this Will?” Unfortunately, when a spouse passes away, the surviving spouse is given misinformation that they do not need to probate their deceased spouse’s Will because they were married. This is not the rule of law. Unfortunately, many surviving…
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ROLE OF AN EXECUTOR
A question I am commonly asked is what role does the Executor of an estate play? I can’t stress the importance of choosing your executor. If someone close to you asked you to be the executor, you probably feel honored, but at the same time you may be quite unsure of your responsibilities. What do you…
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When an Executor May Need to be Replaced
An executor is the person responsible for performing a number of tasks necessary to transfer assets or wind down the decedent’s affairs. Generally, the executor’s responsibilities involve taking charge of the deceased person’s assets, notifying beneficiaries and creditors, paying the estate’s debts and distributing the property to the beneficiaries. The executor may also be a…
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Estate Planning Tips for Retirees
As you near retirement, your approach to estate planning is different from other stages of your life. When you no longer earn a salary and benefits from a job, how will you sustain your new lifestyle? You must be able to afford your needs while securing your family’s future during retirement. This is where smart…
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What is the Difference Between a Partnership and Corporation? Part 2
Continuing from last week’s column on partnerships, this week I will discuss some of the aspects of a corporation. One key point is that a corporation survives the death of one of its shareholders or officers. Partnerships cease upon the death of a partner. Deciding whether to incorporate: In deciding what type of organization…
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What is the Difference Between a Partnership and Corporation? Part 1
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. A partnership is an association of two or more persons to carry on as…
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The Danger of Homemade Wills
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…
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What is a Will?
It dawned on me the other day that, while I know what a Will is, maybe some of you do not. Therefore, in this brochure I will attempt to explain what a Will is and what the requirements are for one to be valid. A testator is a person who leaves a Will in force…
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Fall Estate Planning Checklist
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…
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Choose your Children’s Guardian Wisely
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…
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The Comfort That Comes With Planning Ahead
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…
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MAKE SURE YOU TALK TO YOUR DOCTOR
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…
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Art and Sentimental Items in Estate Planning
The New York Times has an interesting article on the value of an art collection in estate planning. That’s not something most people think about. After all, most people aren’t serious art collectors. Even among those who are, these collections usually exist more for personal satisfaction than financial gain. “Art investors are nearly…
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Do I Probate My Spouse’s Will?
Do I probate my spouse’s Will? YES! A common misconception is that you do not have to probate a Will when your spouse dies. Real estate, like automobiles, is titled to convey ownership. The title defines who has legal rights to a property and it must be transferred when the property is sold. Title issues…
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LegalZoom Documents are Full of Pitfalls
LegalZoom and other do-it-yourself document preparation services want you to believe that the process of preparing a Will is as easy as filling in the blanks on standardized forms. They try to lure you with a cheap product and a process that takes less than half an hour to complete. They try to assure you…
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ESTATE PLANNING WITH PRIVATE REVERSE MORTGAGES
I have never been a fan of Reverse Mortgages. Reverse mortgages, usually obtained from financial institutions, allow people who are at least 62 years of age to convert their home equity into cash, which is received by the homeowner either as a lump sum, a line of credit, or monthly payments. The loan becomes due,…
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Capacity to Execute Documents
Proper execution of a legal instrument requires that the person signing have sufficient mental “capacity” to understand the implications of the document. While most people speak of legal “capacity” or “competence” as a rigid black line–either the person has it or doesn’t–in fact it can be quite variable depending on the person’s abilities and the…
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IMPORTANCE OF A POWER OF ATTORNEY
Previously, I wrote about the importance of having a Texas power of attorney. In Texas, this instrument consists of a Durable Power of Attorney, Medical Power of Attorney, Declaration of Guardian, Directive to Physicians, Family and Surrogates and Disposition of Remains sections. While I often advise clients on the benefits of these instruments, far too…
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Importance of Title Insurance
Real estate is as HOT as the temperatures here in Texas. You hear of property selling before it is on the market. But don’t get in too big of a rush. What if you learned after you spent what is typically the largest expenditure in a person’s life, that your deed was not valid or…
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Pets ARE Family
Many of you know that my son, Jacob, was fortunate enough to be one of Texas A&M University’s mascot, Reveille’s caretakers last year. I am an Aggie, Class of ‘88, and thought I knew a lot about Aggieland,, but my appreciation for Reveille and her care grew watching Jacob compete and then care for her.…
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PASSWORDS
Passwords! If you are like me, you hate getting notices you must update or change your password. With the digital world we live in, it seems like we have a million passwords. Electronic passwords are a relatively new concept, but a reality in today’s world. When I was a kid I could remember 100 phone numbers and call…
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LONG TERM CARE IN TEXAS
When planning for retirement, an often overlooked consideration is the cost of long-term care. The principal sources of payment for long term care are personal savings/income, Medicaid, and long-term care insurance. Texas Health and Human Services Commission records indicate the sources of payment for nursing home care nationwide are: Medicaid 52% Private Pay …
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Personal Caregivers
Caregivers are an essential part of long-term care for older adults. We are all going to age and most will need some sort of care. However, there are precautions that should be taken. The most well-known form of caregiver is a family member or close friend who takes on the care of a loved…
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DIRECTIVE TO PHYSICIANS IN TEXAS
Texas has enacted the Natural Death Act which allows any competent adult, by signing a directive to physicians, or “living will,” as it often is called, to instruct his or her physician to withhold or withdraw artificial life-sustaining procedures in the event of a terminal condition. The directive takes effect only after two physicians determine…
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Renewable Energy Leases
Have you driven across the Panhandle of West Texas recently? White wind turbines, the same ones you see going up I-45 through Huntsville, now fill the horizon. This new industry is the renewable energy industry, but commonly referred to as wind and solar energy. Texas has become the largest wind energy producer in the nation, with wind…
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Watch Your Language, Debt Collectors
In a letter to a debtor intended to prompt payment of $250 in debts, a collection agency’s choice of words entangled it in protracted litigation under the federal Fair Debt Collection Practices Act (FDCPA). The theme of the dunning letter was honesty, or the lack thereof, on the debtor’s part. In all capital letters, the…
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SEEK AN ATTORNEY WHEN CONVEYING PROPERTY
You would not believe what I have found right here in Walker County, Texas with regards to property records. Hand written, homemade, or instruments that have nothing to do with what they state they are, all proporting to convey property. Just this week, I tried a case where a seller tried to evict someone…
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Agricultural Lease Agreements
If there is one piece of advice I could give everyone, it would be get it in writing. Leasing agreements can be beneficial to both landowners and tenants alike. For a landowner, a lease agreement may allow continued revenue without his or her physical labor needed to operate a farm or ranch. A hunting lease…