Texas Bar Today Top 10 Blog Posts

Texas Bar Today Top 10 Blog Posts BadgeThe editors of Texas Bar Today publish a weekly list of the top ten blog posts that 'stand out from the crowd'. I'm grateful when one of my articles is selected. I've gathered them below.

Your Estate Plan May Need To Be Tweaked: The SECURE Act Has Passed

The Setting Every Community Up for Retirement Enhancement Act (SECURE Act) was signed into law on December 20, 2019 and goes into effect on January 1, 2020. It is the most impactful legislation affecting retirement accounts in at least a decade. If your estate plan distributes assets to your beneficiaries in trust, you should contact … Read More

Can Life Support Be Withheld If A Patient Has Not Signed A Directive To Physicians?

Most Americans have not executed basic estate planning documents. Studies show that more than half of Americans have not executed a basic will, and even fewer have executed durable powers of attorney and medical powers of attorney, and directive to physicians. So, what happens if someone suffers a catastrophic injury or illness and is on … Read More

Do I Need To Record My Trust in Texas?

In Texas a trust is a not a legal entity. Rather, it is a legal relationship in which a Trustee holds legal title for the benefit of another person called the beneficiary. Unlike a corporation, which is required file certificate of formation with the Secretary of State, there is no such requirement for a Trust. … 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 to … Read 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 with … Read More

Why Should My Will Include a Self-Proving Affidavit?

I received a note from someone last week who said he had gone to court for the purpose of probating his grandparents’ Wills. The Will was signed by his grandparents and two witnesses, but the Wills did not include a self-proving affidavit. As a result the judge advised that it was necessary for the witnesses … Read More