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 …
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 …
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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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 …
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 …
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 …
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. …
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 …
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 …
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 …
