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You are here: Home / Archives for Estate Planning

Why Put Property in a Trust: 7 Key Benefits for Texas Homeowners

November 11, 2024
By Christopher Migliaccio

handshake for buying/selling a new house

People often ask me, "why put property in a trust?" This is a great question. As an experienced estate planning attorney in Texas, this question often comes up in consultations with my clients. Many people want to make sure their loved ones are cared for after their passing and are searching for the … [Read more...]

Categories: Estate Planning Tagged: revocable living trust

Do You Need a Lawyer to Make a Living Trust? Find Out!

November 6, 2024
By Christopher Migliaccio

Justice and law concept. Real Estate Law in a courtroom the gavel, working with digital tablet computer on wood table.

You hear it all the time - "everyone needs a living trust." But do you need a lawyer to make a living trust? It’s a common question, and the answer, as with many things in the legal field, isn’t a simple yes or no. A living trust can be a great estate planning tool. It allows you to control how your … [Read more...]

Categories: Estate Planning

Can a Transfer on Death Account Be Contested? Legal Insights

October 30, 2024
By Christopher Migliaccio

"When your time comes to an end, as symbolised by a pocket watch set to midnight, laying in a bed of red rose petals, with a United Kingdom Death Certificate, tied with a black ribbon."

Dealing with the loss of a loved one is never easy, especially when questions about their estate arise. If your loved one in Texas had a transfer on death account, you may find yourself asking, "Can a transfer on death account be contested?" It’s a common concern, particularly in situations where a … [Read more...]

Categories: Estate Planning Tagged: Estate Planning Tag, transfer on death

What to Put in a Trust: Key Assets Explained

October 28, 2024
By Christopher Migliaccio

Trust and Estate Planning is shown on a conceptual business photo

People often think about what to put in a trust when they start planning for the future. They want to make sure their loved ones are taken care of and their assets are protected. A trust can be a powerful tool in estate planning, but figuring out what to put in a trust can sometimes feel … [Read more...]

Categories: Estate Planning Tagged: revocable living trust

Can I Be the Trustee of My Own Trust? What You Need to Know

October 23, 2024
By Christopher Migliaccio

Senior Couple Meeting with Financial Advisor. They are listening to financial advisor. She is speaking about retirement, insurance and investment options. The mature woman is signing a document. Could be a will or a mortgage. The couple look worried

Considering a living trust as part of your estate planning? This might lead you to ask, "Can I be the trustee of my own trust?" It’s a common question with an answer that’s not always straightforward. It depends on your goals, the type of trust, and the laws of your state. This article zeroes in … [Read more...]

Categories: Estate Planning Tagged: revocable living trust

3 Documents Every College Student Needs in Texas

October 16, 2024
By Christopher Migliaccio

Group of college students walking and talking on campus.

Heading to college is a significant milestone in a young adult's life. It is a time filled with new experiences and opportunities. However, it is also often a time of new autonomy from your parents in the eyes of the law. Preparing certain legal documents can protect you in emergencies and provide … [Read more...]

Categories: Estate Planning Tagged: Estate Planning Tag, last will, power of attorney

Can You Put a Business in a Trust?

October 16, 2024
By Christopher Migliaccio

Two business people sitting at cafe working on new project using laptop. Young businesswoman taking notes and businessman working on laptop computer.

When considering estate planning, business owners wonder if they can put a business in a trust. For many business owners, their company is one of their most valuable business assets. Protecting it is a top priority both during their lifetime and for future. So, can you put a business in a trust? The … [Read more...]

Categories: Estate Planning Tagged: Estate Planning Tag, revocable living trust

9 Reasons You Need a Revocable Living Trust in Texas

October 15, 2024
By Christopher Migliaccio

A paper highlighting the reasons you need a Revocable Living Trust.

When contemplating your estate planning options, you may wonder, "Do I need a revocable living trust?" Particularly, you might worry about the ease with which your heirs will inherit and manage their portions of your estate. A revocable living trust (RLT) offers a flexible solution, allowing you … [Read more...]

Categories: Estate Planning Tagged: Estate Planning Tag, revocable living trust

Can a Living Trust Be Contested in Texas? Understanding the Grounds

October 14, 2024
By Christopher Migliaccio

Living trust and Estate Planning text on Document form and Gavel isolated on office desk.

A well-drafted estate plan gives you peace of mind, letting you provide for your loved ones after you’re gone. One crucial tool in many estate plans is a revocable living trust, which many people use to avoid probate court's time and expense. But can a living trust be contested in Texas? In … [Read more...]

Categories: Estate Planning

What Happens if You Die Without a Will in Texas?

October 11, 2024
By Christopher Migliaccio

what happens if you die without a will in texas

Creating a will lets you decide how your estate will be handled when you pass away. A will is an important part of end-of-life planning. But many Americans die without a will. In fact, about 60% of people in the U.S. do not have a valid will. A valid will is a legal document. It stays effective … [Read more...]

Categories: Estate Planning Tagged: estate planning attorney, Estate Planning Tag, last will, Texas estate planning

Making and Funding a Living Trust in Texas

October 11, 2024
By Christopher Migliaccio

Living trust and estate planning paperwork sitting on an orange map with a judges mallet on top of it

A living trust can be a powerful estate planning tool if you’re looking to protect your assets, avoid probate, and ensure a smooth distribution of your property to your loved ones. In this guide, our Texas estate planning lawyers explain a living trust and the steps to set one up. We also discuss … [Read more...]

Categories: Estate Planning

How Long Does it Take to Set Up a Trust in Texas? A Guide

September 23, 2024
By Christopher Migliaccio

United States Capitol and an American flag with a blue and red division down the middle

As an estate planning attorney in Texas, I often get questions about trusts. My client Lesley and I had been emailing for a year about setting up a trust, but life had kept her too busy to proceed. One day, she emailed to say she’d call me that afternoon. “Hey, Chris,” Lesley said. “I needed to … [Read more...]

Categories: Estate Planning Tagged: revocable living trust

How to Put Your House in Trust with a Mortgage : Texas Guide

September 17, 2024
By Christopher Migliaccio

Person signing a home insurance contract in front of an agent pointing where to sign and holding a miniature house in the other hand

Putting a house with a mortgage into a trust can be a complex but rewarding estate planning strategy. Many homeowners consider this option to safeguard their assets and make it easier to pass their property to their heirs. However, the process can be tricky, especially when there's an existing … [Read more...]

Categories: Estate Planning Tagged: revocable living trust

Putting House in Trust in Texas: Protecting Your Legacy

September 16, 2024
By Christopher Migliaccio

A person in a suit holds a small model of a house in one hand, proudly giving a thumbs-up with the other, as they promote the concept of placing your house in a trust to protect your legacy.

As an estate planning attorney in Texas, my clients often ask about trusts. One morning, Harris, a long-time client, called me after years of delay, ready to finally put his estate plan in order. He was curious about whether he should put his house in a trust. In his late 50s, Harris had a nice … [Read more...]

Categories: Estate Planning Tagged: Estate Planning Tag

Does a Will Override a Trust? Understanding Legal Priorities

September 8, 2024
By Christopher Migliaccio

Person holding a small model house in one hand and a set of keys in the other, symbolizing real estate or home ownership, leaving some to ponder: does a will override a trust?

Crafting a comprehensive estate plan involves numerous crucial decisions. One question that often surfaces is, "does a will override a trust?" This inquiry arises because both wills and trusts serve as legal tools for guiding the distribution of assets after one's passing. However, they operate … [Read more...]

Categories: Estate Planning Tagged: Estate Planning Tag

How to Create a Power of Attorney: A Comprehensive Guide

August 14, 2024
By Christopher Migliaccio

Gavel resting on a sound block with the scales of justice and a book behind it

Planning a future where you might not be able to make decisions for yourself isn't easy. But creating a power of attorney is a crucial step in protecting your interests and ensuring your wishes are carried out. Let's explore how to create a power of attorney, a legal document that can give you peace … [Read more...]

Categories: Estate Planning

Estate Planning Strategies to Protect and Manage Your Mineral Rights Assets | Warren & Migliaccio

August 12, 2024
By Christopher Migliaccio

Warren & Migliaccio Legal News logo

Planning for Mineral Rights in Estate Planning Properly planning for mineral rights is a critical component of estate planning, especially for landowners with significant mineral resources. These rights can greatly influence the value and management of an estate, making it essential to protect and … [Read more...]

Categories: Estate Planning Tagged: Estate Planning Tag

What Are 3 Advantages of a Trust Over a Will?

August 9, 2024
By Christopher Migliaccio

Gavel surrounding by other justice icons

Planning for the future can be a daunting task, but one thing is certain: it is essential. Thinking about what will happen to your hard-earned assets after you are gone can feel overwhelming. This is where estate planning tools like trusts and wills come into play. Choosing between a trust and a … [Read more...]

Categories: Estate Planning Tagged: last will, revocable living trust

The Executor’s Role and Choosing the Right Person

July 26, 2024
By Christopher Migliaccio

A group of people at funeral with an executor

Choosing an executor for your estate, also known as a personal representative, is a crucial figure in the estate planning process. This individual is responsible for carrying out the wishes outlined in a will after the testator's (the person who created the will) death. This article will explain … [Read more...]

Categories: Estate Planning

Living Wills and Medical Powers of Attorney

July 25, 2024
By Christopher Migliaccio

an older couple sitting in a very nice estate planning attorney's office

Living wills and medical powers of attorney are essential components of an estate plan. While often considered together, they serve distinct purposes in safeguarding your healthcare wishes. Understanding Living Wills A living will is a legal document that outlines your preferences regarding … [Read more...]

Categories: Estate Planning

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Christopher Migliaccio, attorney in Dallas, Texas
About the Author

Christopher Migliaccio is Co-Founding Partner and Managing Partner of Warren & Migliaccio, L.L.P., where along with Gary Warren he leads a team of attorneys serving Texas families since 2006. A graduate of Thomas M. Cooley School of Law with a B.A. in Accountancy, he oversees the firm's practice areas including debt defense, bankruptcy, divorce, child custody, and estate planning.

Licensed by the State Bar of Texas (#24053059 ✓), Christopher and his team serve clients statewide for debt defense and estate planning matters, while focusing on North Texas families for bankruptcy and family law cases. His unique financial background and nearly two decades of leadership enable him to ensure each client receives compassionate, strategic guidance.

If you have questions about this article, contact Christopher Migliaccio to discuss your situation.

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