A previous post on this blog talked about how some Texas residents may choose to execute what is often referred to as a health care proxy but may also be referred to as a medical power of attorney. To review, the health care proxy is a document a Houston resident can...
Year: 2019
Review of the prudent investor rule
This blog has previously discussed a trustee's duty to the beneficiaries of a trust. Among other things, a trustee must refrain from self-dealing or conflicts of interest, must manage the trust according to the legal requirements and must act in the best interests of...
Just welcomed a child? Consider your estate plan
Congratulations on your new child! As a new parent, you may still be trying to find your footing on how to balance all of the needs of your baby, your spouse and yourself. Though starting a family can be one of the most joyous times in your life, it can also bring...
Tragic death of parents leaves an estate in turmoil
A few months ago, the lives of a wealthy businessman and his wife of almost 60 years ended tragically when the man killed both his wife and himself. Now, probate litigation is threatening to prolong these tragic circumstances for months or even years.One of the issues...
The fiduciary responsibility of an attorney, in fact
Many Houston residents may have executed a document called a power of attorney as part of their estate planning. This document appoints a person, or group of people, as attorney in fact for a Houston resident's estate.The powers of an attorney in fact are very broad....
The formalities of a valid will in Texas
Most of us understand the importance of having a valid will, but very few understand the requirements upon which a will's validity depends. A will must satisfy two kinds of criteria to be valid. First, the will must satisfy the formal requirements of execution and...
Living together has legal risks as a couple ages
More and more Texas couples are choosing to live together without getting married, especially if one or both partners are over the age of 50. This choice has many reasons, but according to several studies, the most prevalent reason is the memory of a difficult divorce...
Decanting a trust in Texas
Many residents of Houston understand the meaning of "decanting" when the subject is fine wine. Decanting involves pouring a wine that has sufficiently aged into a bottle that allows the wine's sediment to separate from the wine. Decanting also adds oxygen to the aged...
What should you consider when considering guardian candidates?
Although no parent likes the idea of not being around or being able to care for his or her children, it is a real possibility. You may never want to consider a time when a sudden accident, illness or other event takes you out of your child's life, but it could happen...
Johnny Cash’s estate sues to stop use of famous names
In our last post, we wrote about the general fiduciary duties of executors and administrators in dealing with the assets of the decedent. Now, two of the most famous names in American show business are involved in an estate lawsuit brought by the trustee of a family...