Attorney James N. Voeller, Rebecca L. Jaroszewski and Rebekah Meeks Schement
The state of Texas recognizes three types of wills as valid if they all possess two mutual requirements: The testator must be considered to be of sound mind and must be at least 18-years-old. Under these conditions, one would assume that a valid will is based on the wishes of a party who is functioning at full mental competence and…
Guardianship basics Age, disease, or accident may deprive a person of the capability to care for one’s personal or financial needs. Texas law suggests a method through which a guardian can handle that individual’s affairs under the oversight of the court. Filing for guardianship is a legal action of last resort when other attempts, such as trust, joint accounts, or…
Texas state probate law requires that all estate assets are gathered and that all the decedent’s remaining debts get settled out of those assets. Only after all liabilities have been resolved can the estate’s assets be allocated to the beneficiaries as outlined in the will or, if there is no will, according to Texas intestate succession laws. Several estate assets…
The probate process begins with a knowledgeable attorney, skilled at balancing all the moving components of probate: beneficiaries, executors, estate administrators, and wills. There are many aspects to having a will probated, and it is likely not something you want to endure alone. Getting a Will Probated in Texas In the time following the passing of a loved one, there…
When a Medicaid candidate has an overabundance of assets, the Medicaid Asset Protection Trusts (MAPT) can be an invaluable plan of action to satisfy Medicaid’s asset restriction. This sort of trust allows an individual who would have otherwise been disqualified for Medicaid to become eligible again and be provided with the care they need in a nursing home or at-home.…
The legal needs of seniors are varied and numerous. What was once easy for us becomes very difficult as we age. Possibly we are becoming a bit more forgetful, or we’re experiencing difficulty with our mobility; perhaps some people we regularly depended on are no longer accessible to us, and we are beginning to stay home more. Acknowledging the legal…
The initial step to creating a revocable trust is to sign a trust agreement. There are many alternatives to go about this matter, such as writing your own, visiting a local law library, purchasing software to draft you one. Still, most people would concur that it is best to hire an attorney. The trust agreement would set up a trust…
What is a living trust? A trust is a legal entity that is utilized for the administration and distribution of assets. The legal title to the assets and the right to manage them is controlled by one person referred to as the trustee. The other party is referred to as the beneficiary and has the advantageous right to the enjoyment…
An estate plan is the framework of arrangements, set up during an individual’s lifetime, for the administration of that individual’s assets and affairs when they become incapacitated or pass away. Estate planning is crucial, as well as periodically reviewing and updating the plan to keep up with any developments in life. Reviewing and updating your beneficiary designations are one of…
What is an independent administration? Texas stipulates for independent administration free of court oversight. In other words, following the approval of an administrator or an independent executor and an inventory of estate assets (or an affidavit instead of an inventory) has been filed, the administrator or executor may handle the management of the estate without additional court participation or direction.…