How is an Out-Of-Hospital DNR Different from a Directive to Physicians?

A directive to physicians, also known as a living Will, is a document that allows you specify what kind of life-sustaining treatment should be administered or withheld if you are diagnosed with an irreversible or terminal condition. The fact that the word “directive” is included in the document scares a lot of clients because they … Read More

Keeping the Peace from Beyond the Grave

It’s every parent’s dream to maintain close relationships with all their children as they age. But sometimes, things don’t turn out as parents plan. The reasons vary. A conflict with a child’s spouse or a misunderstanding can strain relationships with the child. Sometimes, it’s not a conflict or disagreement, but distance and time that creates … Read More

Prepare for the Death of the Stretch IRA

No laws affecting retirement plans are final yet, but there are certain changes on the horizon that may require tweaks to your estate plans. The Setting Every Community Up for Retirement Enhancement (“SECURE”) Act recently passed the House with enormous bipartisan support (417-3!). If adopted by the Senate, it will significantly alter the way retirement … Read More

Can I Name a Relative Who Lives Abroad as Guardian of My Children?

A colleague in a listserv to which I subscribe asked an interesting question: Can parents name a relative who lives in a foreign country as guardian of their children? Here’s the situation: The clients are foreign nationals permanently residing in US, and their children are US citizens, having been born in this country. Neither husband … Read More

Is Property My Spouse and I Owned in Another State Community Property or Separate Property?

John and Jane Doe didn’t always live in Texas. Earlier in their marriage, they lived in another state, where John purchased a house the couple lived in and raised their children. Although they have since moved to Texas, they still own the house and spend summers there. How is the out-of-state property characterized as community … Read More

What are the Rights and Responsibilities of a Life Tenant in Texas?

A life tenant is a person who has the right to possess real property for the term of a measuring life. The measuring life is typically the life of a grantee (the person to whom a conveyance is made), although a third person can also be a measuring life. For example, Joe could grant a … Read More