What are the Responsibilities and Duties of a Trustee of a Testamentary Trust?

Wills sometimes create testamentary trusts, trusts that spring to life after the death of a testator. When a testator includes a testamentary trust in his Will, the testator has the opportunity to designate who will manage the trust. A Trustee is a person (or persons) or an institution named to control and manage such trusts.Read More

Can an Independent Executor Alter How my Property is Distributed?

A man who was named independent executor in a Will called me. Someone told him that because he was named as the independent executor, he had the right to distribute Testator estate any way he wished. He was calling to ask if that was true. It is not! The role of an executor is toRead More

Frequently Asked Questions About Texas ABLE Accounts

The Achieving a Better Life Experience “(ABLE”) Act was signed into law by Barrack Obama on December 19, 2014. It required each state to pass it’s own ABLE Act. The Texas ABLE act was signed into law by Governor Greg Abbot on June 19, 2015. The ABLE Act creates an option for eligible people withRead More

Will a Joint Account Pass to the Surviving Owner Outside of Probate?

The way multiple party account pass after the death of a joint account holder is determined by statute. Multiple party accounts that are held with rights of surivivorship pass to the surviving without the need for probate; however, simply checking a box indicating “Right of Survivorship” may not be sufficient to create that relationship, accordingRead More

Is A Fill-In-The-Blank Will Valid in Texas?

John was just about to go on vacation and wanted to have a Will in place in case a tragic accident occurred. So, he did what many Americans do: he searched for a Will form online. He really didn’t have time to read up on what makes a Will valid in Texas. He had lessRead More

How Can I Protect My Disabled Sister From Neglectful Family Members?

I received a heartbreaking letter from someone concerned that her 60 year old old sister, who was in a terrible accident a year ago that left her disabled, was being neglected by her sons and the man she lives with. Apparently, she currently resides in a dilapidated structure with no running water. She wondered whatRead More