Contesting a Will is not as simple as most people believe. You cannot challenge a Will solely because you do not agree with its terms. There are certain legal elements that must be established first, and proving each one of them is not a walk in the park. The process involves a large expenditure, from expert fees to attorney’s fees to the court fees. However, if you can prove that at least one of these elements Read More

Also known as a health care directive or living Will, an advanced directive is a document specifying your wishes regarding advanced medical treatment. For example, do you want to be fed and hydrated when in a coma or are terminally ill? Do you want to receive defibrillation or CPR after a heart attack? Do you want to be put on a ventilator at any point? An advanced directive spells all of this out on standardized Read More

The thought that we will not be here forever is chilling and hard to fathom. But it is important to accept that death is a part of life, and that it is in your best interest to secure the future of your legacy as soon as possible. If you are reading this, chances are you’re in the balance about writing a Will because you don’t think you have enough assets for estate planning. Contrary to popular belief, however, Read More

A Last Will and Testament are one of the most critical documents you will ever have to draft. So critical, in fact, that it has been the subject of many nasty legal battles since the establishment of the judicial system. Among other things, a Will dictates the final wishes of the deceased regarding the property he/she leaves behind upon death. Unfortunately, there are certain expectations about the Last Will and Read More

Everyone knows that it is important to have a Will in place, yet about 50% of people in the U.S. still haven’t even taken this first basic step in estate planning. Understanding what will happen if you die without a Will in place in the state of Texas might just be the motivation you need to take care of this important task. The following are some of the most common things that your estate and your loved ones will Read More

An in terrorem clause is a provision that is put into wills and certain other documents to attempt to reduce the risk of someone challenging it in court. The term comes from the Latin for ‘In Fear” because these clauses can ‘scare off’ anyone who is thinking about filing a challenge against the contract in court. While most wills and other estate planning documents won’t include this type of clause, it is important Read More

If you have been named the executor of an estate for a loved one, it can be overwhelming, especially if it is not something you’ve done in the past. In the state of Texas, those who are named as executor of an estate will have to go through a number of steps, and will have a lot of responsibilities that they are legally obligated to fulfill. Taking some time to learn about your role, and what to expect, can help Read More

If you or a loved one is having trouble meeting the means test to qualify for Medicaid, there is an option to look into. A Qualified Income Trust, more commonly called a Miller Trust, allows those whose income exceeds the income cap for Medicaid to qualify. This is most commonly used when someone needs to enter a nursing or assisted living facility. The costs of these facilities are often significantly higher than Read More

Probate is a necessary, but sometimes complicated process that can be costly and frustrating. In some situations, avoiding elements of probate is a welcome and convenient way of making it easier for heirs and executors of the estate to manage in a difficult time. When drafting your will, or even as you obtain assets during your lifetime, here are four things to consider doing to avoid having those assets be subject Read More