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.

The Texas Transfer on Death Deed

Effective September 1, 2015, Texas joined the growing number of states that allow owners of real estate to transfer property to their beneficiaries outside the probate process by creating a Texas Transfer on Death Deed. The deed works like a beneficiary designation on a retirement plan or an insurance policy. It allows you to name … Read More

How to Sign Estate Planning Documents in a Pandemic

UPDATE: On April 8, 2020, Governor Abbott issued an order temporarily allowing regular notaries to notarize the following documents by video conference: durable powers of attorney, medical powers of attorney, directives to physicians, and self-proving affidavits for Wills. Please note, however, that the order does NOT eliminate the requirements for witnesses to be physically present. … Read More

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