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Although most realize you should know what you are doing for it to be valid under law, many are unaware that capacity needed for making a gift, signing a contract and signing a will are different. The mental capacity needed for signing a valid will is the lowest of the three as explained below: Testamentary…

Barrack Obama signed the Achieving a Better Life Experience “(ABLE”) Act into on December 19, 2014. It requires each state to pass its own ABLE Act. Governor Greg Abbott signed the Texas ABLE Act on June 19, 2015. The ABLE Act creates an option for eligible people with disabilities to save money in a tax-exempt…

When you’re the beneficiary of a Texas trust, there are certain things that you should know. From understanding the different types of trusts in Texas to knowing your rights as a beneficiary, these six things will help you navigate your way through the process. Whether you’re setting up a trust for someone else or establishing…

Adopting a child is a life-altering experience, and it’s no different in Texas. But the Lone Star State has some unique laws when it comes to adoption that you should be aware of if you’re planning on going through with the process. In this blog post, we’ll discuss one of those laws in particular: how…

If you are the parent of a high school senior about to graduate, you’re probably feeling a whirlwind of emotion right now. I know I am. My youngest child is scheduled to graduate in May! While you’re proud of how much your child has accomplished and excited about the bright opportunities ahead for him or…

I have written before that a move to another state can trigger a need to update your will. It’s not necessarily because the move invalidates the will. Generally, a will signed in accordance with the laws of one state would remain valid if you move to Texas. Why is it important to have your will…

When a person dies, their property must go through a process called probate. Probate is the legal process of distributing a deceased person’s property. The court will appoint an executor to oversee the probate process and distribute the deceased person’s assets according to their will or, if they didn’t have a will, according to Texas…

Introduction When it comes to proving that a decedent lived in a specific county in Texas, there are a few things you’ll need to do. First, you’ll need to gather any and all documentation that would show where the decedent resided at the time of their death. This could include things like a lease agreement,…

Part 1 of a 3-part series The IRS has announced 2023’s estate and gift tax numbers. To understand them in context, we must look at 1) the Basic Exclusion Amount, 2) the Unlimited Marital deduction, 3) how the IRS will handle taxes after 2026. These ideas are interrelated and may affect your planning options. The…