A Texas spendthrift trust lets a trustee manage and distribute assets for a beneficiary while generally keeping the beneficiary from transferring the interest and generally keeping most creditors from reaching trust assets before distribution, subject to exceptions under Texas and federal law. Tex. … [Read more...]
Legal Guardian vs Power of Attorney in Texas Explained
Wondering what “legal guardian vs power of attorney in Texas” really means? A power of attorney in Texas is a private legal document. In it, a capable adult chooses an agent (attorney-in-fact) to handle financial or medical decisions. Meanwhile, a legal guardian is very different. It is a … [Read more...]
Should I Put My Home in a Trust in Texas? Pros, Cons & Your Next Steps
If you own a home in Texas and are asking, “should I put my home in a trust in Texas?”, you are really asking two things: will a trust make life easier for my family, and do I need a Texas living trust attorney to set it up correctly? In many cases, a revocable living trust can keep your homestead … [Read more...]
Types of Property Deeds in Texas
Quick Answer: Texas has several types of property deeds. The most common are general warranty deeds, special warranty deeds, and transfer on death deeds. General warranty deeds give full protection to the buyer. Special warranty deeds give limited protection. Transfer on death deeds let property go … [Read more...]
How to Avoid Medicaid Estate Recovery in Texas
When a loved one needs long-term care through Medicaid, many Texas families wonder what will happen to their home and other assets after they pass away. The Texas Medicaid Estate Recovery Program (MERP) allows the state to recover costs from a deceased person’s estate for Medicaid-covered long-term … [Read more...]
Does POA End at Death in Texas?
In Texas, every power of attorney—durable, general, medical, or springing—ends the instant the principal dies. Under Estates Code §751.131, an agent’s authority stops at death; afterward, only a court-appointed executor or administrator with Letters may handle the estate. What this means for … [Read more...]
At What Net Worth Do I Need a Trust in Texas?
There is no fixed net worth required to create a trust in Texas. Families often establish one for privacy, blended families, special-needs heirs, or out-of-state property, and higher-value estates use trusts to save probate costs and preserve federal tax exemptions. Quick Answer: At What … [Read more...]
How To Get Power Of Attorney For Elderly Parent: Complete 2025 Legal Guide in Texas
In Texas, you secure power of attorney for an elderly parent by having them, while still mentally competent, sign the state’s durable and medical POA forms before a notary (plus two witnesses for medical), then distribute certified copies to agents, banks, and healthcare providers. Quick … [Read more...]
Power of Attorney vs Durable Power of Attorney in Texas
Confused about the power of attorney vs durable power of attorney? In Texas, a Durable Power of Attorney stays effective if the principal becomes incapacitated, while a regular (general) Power of Attorney ends the moment incapacity is confirmed. Both must be signed before a notary, but only the … [Read more...]
Can a POA Change a Will in Texas?
Quick Answer: Can a Power of Attorney change a will in Texas? Under Texas law (2025), a Power of Attorney cannot modify or revoke a will; only the testator can validly change their will through proper execution of a new will or codicil. Work with an estate planning attorney to draft and … [Read more...]
Does the Executor of a Will Get Paid in Texas?
Does the executor of a will get paid in Texas? Yes. The payment an executor receives is commonly referred to as an executor fee or executor's compensation under Texas law. Texas law entitles an executor to up to 5 % of the cash they actually receive or pay out while administering the estate—but … [Read more...]
Per Stirpes Versus Per Capita: How to Choose the Right Distribution Method for Your Estate Plan
As an experienced estate planning attorney here in Texas, I know clients aren’t always aware of the complexities involved in making a plan—and they often struggle with the legal language. So I’m always happy when they take the initiative and ask the right questions, like Jimmy did when his son was … [Read more...]
Can Medicaid Take Your Home in Texas?
Picture this: After years of paying off your mortgage and filling your house with memories, you suddenly need nursing home care. Then you hear rumors that the state might take your home to pay for that care. Is that actually possible in Texas? Medicaid Estate Recovery Programs are mandatory in all … [Read more...]
How to Transfer Ownership of an LLC to a Trust
Business owners wonder, "how to transfer ownership of an LLC to a trust"? As a Texas estate planning attorney, I’ve helped many such business owners protect their assets and simplify their estate plans by transferring LLC ownership to trusts. This has become a popular move among my clients who want … [Read more...]
Joint Will Texas: Essential Estate Planning Guide for Married Couples
When Sarah lost her husband in Houston last year, she learned that their joint will caused unexpected problems. It stopped her from selling their home to pay for medical bills. This story shows why Texas estate planning attorneys often advise against joint wills. Top Insights for This … [Read more...]
Will and Trust Attorney Near Me: Securing Your Legacy – A Comprehensive Guide in Texas
Introduction When I hear from families about estate planning here in Texas, I often hear the same worry: “We know we need to do something about our estate planning, but we don’t know where to begin.” I’ve had this conversation many times at Warren & Migliaccio. The one I just had with Paul … [Read more...]
Essential Will Signing Instructions: A Step-by-Step Guide
Figuring out how to sign your will the right way might seem intimidating, but it is one of the most important steps you can take. You are not just signing a piece of paper—you are protecting your family and ensuring your wishes are clear. A will must be valid in the state where it was created, and … [Read more...]
Understanding Lady Bird Deed Medicaid Benefits in Texas: Protect Your Home and Assets
Can a lady bird deed Medicaid help protect your home from Medicaid Estate Recovery? Yes, it can. This article explains how a lady bird deed Medicaid, also called an enhanced life estate deed, lets you keep your home while staying eligible for Medicaid in Texas. You’ll learn about its main benefits, … [Read more...]
The Ultimate Guide to a Texas Will Based Estate Plan: Simplify Your Future
A will-based estate plan uses a will to handle your assets and final wishes after you pass away. This article explains what it includes, its advantages, its drawbacks, and how it compares with other estate planning tools. Key Points A will based estate plan … [Read more...]
Top Benefits of a Trust Based Estate Plan You Need to Know
A trust-based estate plan is a smart way to manage your assets during your life and make sure they go to the right people after you pass away. It includes different types of trusts, like a revocable living trust and an irrevocable trust, each with its own purpose. These trusts help you avoid … [Read more...]
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