Where Should A Will Be Probated In Texas?

According to Section 33.001 of the Texas Estates Code, a will should be admitted to probate in the Texas county where the decedent was domiciled or had a fixed place of residence. If the decedent was not domiciled in Texas and had no fixed place of residence in this state, the proper venue depends onRead More

Can An Adopted Child Inherit From His Biological Parents?

Section 201.054 of the Texas Estates Code provides that an adopted child “inherits from and through the child’s natural parent or parents.” This section of the Estates Code should be read in conjunction with Section 161.206 of the Family Code, which provides, that in case involving the termination of the parent child relationship, the childRead More

Can a Minor Child Witness a Medical Power of Attorney?

“My mom has a power of attorney that was witnessed by someone under 18,” she said. “Is it valid?” The Texas statutes specify that a medical power of attorney must be signed by the principal in the presence of two witnesses who qualify under Section 166.003, who must also sign the document. Section 166.003 providesRead More

DIY Planning Can Be a Nightmare!

A couple of weeks ago, I received a phone call from a woman whose ex-boyfriend had died, naming her as the sole beneficiary and executor of his multimillion dollar estate. Despite her ex-boyfriend’s substantial wealth, he had forgone the advice of a lawyer and prepared a Will using DIY software. He told her verbally thatRead More

When Can a Financial Institution Reject a Durable Power of Attorney in Texas?

E&ffective September 1, 2017, a person to whom a durable power of attorney is presented must accept a durable power of attorney except unless: The person is not otherwise required to engage in a transaction with the principal under the same circumstances. For example, when an agent tries to open a bank account and the principal isRead More

Recent Changes to Durable Power of Attorney Statute

The legislature made several beneficial changes to the Durable Powers of Attorney statute that went into effect on September 1, 2017. Below are a few of the most significant changes: Prior to September 1, 2017, financial institutions routinely rejected financial durable powers of attorney for a myriad a reasons. The statute now identifies eleven specificRead More