As the calendar year winds down, many families take the opportunity to get organized, whether financially, legally, or personally. This makes the end of the year an ideal time to review your existing estate plan or create one from scratch. Whether you are evaluating an old will, updating a trust, or ensuring your documents are stored securely, year-end estate planning in Texas helps protect your family and avoid unnecessary complications in the future. In this article, we will cover when to update your documents, how to avoid probate, what to consider with charitable giving, and why starting now is always better than waiting. How Do I Know If My Texas Will Or Trust Needs To Be Updated Before The End Of The Year? Life changes, and when your life changes, your estate plan often needs to change as well. If you bought or sold property, opened or closed a business, had children, experienced a divorce,…Read More
Navigating a contested guardianship can be challenging for families who are already dealing with the stress of a loved one’s declining health or capacity. In this article, we walk through what it really means to contest a guardianship in Texas, who has the right to do so, the most common reasons these disputes arise, what evidence courts rely on, and how proactive estate planning can help families avoid conflict in the first place. What Does It Mean To Contest A Guardianship In Texas Probate And Family Courts? A guardianship becomes necessary when someone becomes incapacitated and has not previously put a power of attorney in place. In those situations, families must go through a formal guardianship proceeding in probate court. A contest occurs when someone challenges whether: A guardianship is legally necessary at all, or The person applying to be a guardian is the right person to serve Because guardianship removes significant rights from the…Read More
When a loved one is at risk, time matters. An emergency (or temporary) guardianship in Texas may allow someone to step in quickly when a loved one can no longer protect themselves or make critical decisions. In this article, we break down… When emergency (temporary) guardianship may be necessary, and what it legally entails. Who can legally request emergency guardianship for an incapacitated person in Texas. The evidence needed to support temporary guardianship, and how an attorney can help. What Is An Emergency Guardianship Under Texas Law, And When Is Court Intervention Necessary? When someone you love is in danger, whether from exploitation or another urgent situation, you likely do not have time to wait. If there is no power of attorney or designated decision-maker in place, Texas law provides a way to act quickly. Because guardianship can remove important legal rights form an individual, Texas courts generally consider whether less restrictive alternatives, such as…Read More
In this article, you can discover… How often you should review or update your estate plans. Steps you can take to protect your assets from creditors. Ways to help your loved ones avoid probate in Texas. How Often Should I Review Or Update My Estate Plan? You should review and update your estate plan as regularly as possible, but at least every three to five years. Some people prefer annual reviews, especially if their attorney offers periodic check-ins. The key is to update your plan whenever a significant life event occurs—such as marriage, divorce, the birth or death of a child, or acquiring new assets like real estate. These changes can impact your estate plan, so it is important to ensure your documents reflect your current wishes. Regular reviews help keep everything aligned with your life circumstances and financial goals. What Are The Advantages Of Having A Will Versus A Trust In Texas? A will…Read More
As people get older, they often need to rely on others for various kinds of help and are more likely to suffer from Alzheimer’s disease or other forms of dementia. Consequently, as people age, they are more vulnerable to being financially taken advantage of, sometimes even by people they trust. A recent study by AARP estimates that financial exploitation costs adults aged 60 and older $28.3 billion annually. [1] Fortunately, there are some proactive steps that can be taken to prevent financial abuse before it occurs. In addition, older people and the family members and friends acting on their behalf have protective and remedial actions available if they discover that financial abuse has occurred. What Are Common Forms Of Financial Abuse Of Elders? There are several types of financial exploitation of elders to keep an eye out for: Forcing or deceiving an older person into signing legal documents such as a will, trust, power of…Read More
To properly assist clients, an elder law attorney must juggle knowledge of a number of different public benefits programs, many of which have unique eligibility requirements. Additionally, with multiple planning strategies and instruments available to assist clients with public benefits, an attorney must also stay apprised of their distinctions. This blog is intended to provide both a definitional foundation and an up-to-date reference for the current year’s figures. It is best used as a supplement to your own research; it is not intended to be, and should not be considered, legal advice. Medicaid A needs-based, means-tested government healthcare assistance program administered jointly by federal and state governments. Who Qualifies? Individuals, couples, and families living on limited income and assets (generally, $2,000 per month in most states). Medicaid also generally covers indigent children, pregnant women, and individuals living with a disability, including those who are institutionalized. Important notes: Medicaid rules may differ greatly by state. The…Read More
In this article, you can discover… The purpose of a guardianship hearing, and what to expect. The documents you should bring with you to the hearing. What happens when a judge denies a guardianship request. What Is The Purpose Of A Guardianship Proceeding In Texas? A guardianship proceeding in Texas determines whether an individual requires a legal guardian to manage their affairs and/or property. This process is designed to protect the proposed ward while ensuring their rights are not unnecessarily restricted. Individuals whom guardianship is generally intended for include: Minors With Assets: If a child under 18 has assets that cannot be managed by their parents, a legal guardian of the estate may be appointed. Adults With Disabilities: Those who are incapacitated and require ongoing care may need a guardian of the person and/or estate even after turning 18. The Elderly: Those suffering from dementia, Alzheimer’s, or other incapacities may require a guardian to make…Read More
Including digital assets in your will is crucial because, like physical property, they hold value and require proper management after your passing. Without specific instructions in your estate plan, these assets may be distributed according to state intestacy laws. This can result in your digital property being inherited by someone you did not intend or becoming inaccessible entirely. Failing to address digital assets can also create challenges for your heirs. Without clear guidance, they may struggle to access accounts or navigate legal and company policy restrictions. By including digital assets in your will, you simplify this process for your loved ones and ensure your wishes are honored, protecting both the value and the legacy of your digital property. Keep reading to learn more about: One of the top assets people forget about when planning their estate – and how to avoid that from pushing you over the federal tax threshold. What you need to look…Read More
In this article, you can discover… The importance of estate planning for Texans The benefits of trusts over wills How a caring attorney can help you meaningfully navigate estate planning What Is A Will And Why Is It Important To Have One In Texas? A will is essentially a document wherein you describe in detail how and to whom you want your possessions, property, and finances to be distributed after you have passed away. As an attorney, I often advise my clients to set up trusts as opposed to wills. A will forces your loved ones to go through an elaborate and sometimes very lengthy legal process known as probate to prove that the will is valid and binding, and this can tie up your assets for months, and in most cases, years. A trust, on the other hand, helps your loved ones and beneficiaries avoid probate and makes the transfer of assets far more…Read More
In this article, you can discover… How to consider and choose a guardian for your minor children. Must-have estate planning documents for Texas families. How to navigate and adapt trusts as your children grow. What Criteria Should I Consider When Choosing A Guardian For My Minor Children? Above all, ask yourself if you trust that person. Are they going to raise your children according to your wishes? Do you have the same values? How well do you know them? Do they get along with your family? These are important guidelines to consider as you weigh who you would like to designate as your children’s legal guardian should you pass away before they reach adulthood. What happens if you do not have a guardian in place? If one parent is deceased, the surviving parent is the natural guardian of the person of the minor child(ren) and is entitled to be appointed guardian of the minor’s estates.…Read More
