There are at least 11 types of deeds in Texas used in the transfer of real estate. Since deeds should be recorded in the deed records in the county where the property is located to give notice to the world, deeds should be notarized. The following are some of the types of deeds in Texas:…
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What are the Common Factors Leading to a Will Contest?
Nobody wants to see their estate plan contested upon their passing, so can you tell in advance that your plan is likely to be contested? What most people think of as a Will contest is a disgruntled heir who receives substantially less than others contending that the Will is totally invalid. Unless you have made…
What Happens to Social Media Accounts after a User’s Death?
I know someone who uses Facebook as somewhat of a digital diary. She regularly shares photos and stories that document her daily life, major life events, and milestones. Her feed is a historical record of her life. An estimated 295 million Americans use social media, some more prolifically than others, and for family members, these accounts provide an enduring…
Should I Add a No-Contest Clause to My Will?
One section of the estate planning questionnaire I send my clients asks them to rate their level of concern about various issues. One issue about which most indicate a high concern is that someone will contest their Will. What is a Will Contest? A Will contest is just what it sounds like — a lawsuit…
Success Story Of The Month – Overcoming A Defective Or Less Than Powerful Power Of Attorney
What could go wrong when using a general durable power of attorney for an agent to sign a deed (in this case, a Ladybird deed) on behalf of the principal (the one who signed the power of attorney)? Are there additional powers that should be considered in the power of attorney other than language approved…
Estate Planning for Pets
This is my dog, Jilly. She’s a 15-pound mutt my family adopted 11 years ago. When we adopted her, we suspected she was a terrier mix, but she’s not. Several months ago, a DNA test revealed she’s a hodgepodge of a whole bunch of breeds: Pomeranian, American Eskimo, Chihuahua, Chinese Crested, Shetland Sheepdog, Poodle, and…
Texas Medicaid Agency Again Loses Battle To Count Home As A Resource Without Prior Occupancy
A Texas appeals court has again ruled against the Texas Health and Human Services Commission’s requirement that a long-term care Medicaid applicant occupy a home prior to moving into a nursing home for the home to be an excluded resource in determining long-term care Medicaid eligibility. Notwithstanding a prior ruling in another case that is…
The ABCs Of NFTs
The fascination and emerging growth of cryptocurrency (such as Bitcoin) has resulted in a new investing platform – NFTs. Hundreds of millions are now invested (over $1 billion in sales) in the NFT (non-fungible token) cryptocurrency blockchain marketplace. NFTs are digital tokens that are identifiable and authenticated digital assets in which the creator of the…
Deferring Property Taxes for Those Over Age 65
If you are over 65, you can choose to defer paying your property taxes on your homestead. This almost sounds too good to be true, but realize, it is a deferral of taxes, not a forgiveness of them. However, if we could defer all of our taxes until we die that would be a dream. …