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Texas estate planning attorneys often disagree about what is the best option in estate planning. Sometimes it is best to have a will to transfer your assets and pay your debts after death. Sometimes it is best to have an irrevocable trust for numerous reasons. Sometimes Texans do nothing (usually the worst option) leaving it…

Can you imagine writing your will on your bedroom wall? How about the fender of your vehicle? According to the Guinness Book of World Records, the shortest will in the world consisted of three words — “All to wife”– written on the bedroom wall of a man who realized his death was imminent.  In 1948,…

As our population ages, age-related diseases, such as Alzheimer’s and other forms of dementia, will afflict an increasing number of people. Although irreversible and incurable, those diagnosed with these diseases can live for prolonged periods of time with treatment. In the early stages of the disease, individuals with dementia can maintain a good quality of…

How an Asset Protection Trust Works Spendthrift provisions protect trust assets from claims of creditors. These provisions prevent the beneficiary of a trust from selling, assigning, or otherwise transferring their interest in trust assets to a third party. They also prevent the beneficiary from using their inheritance as collateral for a loan. As a result,…

The process for court approval (probate) of an original will is generally not difficult in Texas presuming the will was properly drafted and that there was no contest to its validity. However, if the original of the signed will cannot be located, it is more problematic since it is presumed to have been destroyed. As…

As people age, it may become increasingly difficult for them to manage their own affairs. When this happens, family members may step in to help, and in some cases, may even seek to become the legal guardian of their loved one. In Texas, a guardianship can be established for individuals who are unable to take…

Once a nonresident alien meets the substantial presence test, they are required to file a U.S. tax return. However, if an individual is present in the U.S. on an F-1 visa, such days are exempt from the substantial presence test. Up to 5 Years F-1 visa holders are considered exempt individuals for up 5 calendar years.…

On January 31, 2020, the Federal Government declared a public health emergency (PHE) in response to the COVID-19 outbreak. In March 2020, Congress passed implemented a Medicaid continuous coverage requirement as part of the Families First Coronavirus Response Act (FFCRA). In exchange for an increase in federal Medicaid matching funds, states were required to keep…

This is a Case Study analysis on the facts of Patrick v. Patrick, 182 S.W.3d 433 (Tex. App. – Austin 2005, no pet.), as if it were to be decided today. It is not an analysis of the court’s holding in this case. Introduction Probate law governs the distribution of a deceased person’s assets. In…