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...]
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...]
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...]
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...]
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...]
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...]
How the No Contest Clause in Will Texas Protects Your Estate
As an experienced estate planning attorney here in Texas, I’ve seen clients get concerned that their beneficiaries are going to contest their wills after they’ve passed away. Fortunately for them, we know how to increase the odds that their last wishes will be honored. This conversation with Walt … [Read more...]
Why College Students Need a Basic Last Will
Many high school graduates are heading to college and becoming legal adults. Turning 18 means you’re considered an adult in most states. This change reduces parents’ authority since their child becomes an adult child with new legal implications. That’s why college students need a basic last … [Read more...]
Does Everyone Need a Will? Texas Edition
Planning for the future can be overwhelming. Many ask themselves, does everyone need a will? It’s easy to put off but it’s a part of planning for your family. Creating a will seems like it’s only for the rich or old people. The truth is, whether you’re young, raising a family or enjoying … [Read more...]
Can a Spouse Change a Trust After Death? What to Know
Imagine this: you’re grieving the loss of your spouse and dealing with their affairs. As you go through their estate plan you wonder - can a spouse change a trust after death? It’s a common question for surviving spouses, especially in Texas where laws are different. Whether it’s to adjust asset … [Read more...]
Do you Need An Attorney for Last Will and Testament in Texas?
Need help with your last will and testament? A knowledgeable attorney for last will and testament can simplify the legal process and ensure your personal wishes are legally binding through legal services. In this post we’ll cover why you need an attorney, the cost and how to prepare for your … [Read more...]
Essential Estate Planning for Families: Secure Your Legacy
As a family law and estate planning attorney here in Texas, I often see how the two bodies of law intersect. After I represented Amy in her divorce, I encouraged her to draw up an estate plan to take care of her children in case something happened to her. She didn’t want to think about it so she … [Read more...]
Can I Set Up a Trust Without My Spouse? Legal Guide
Life throws curveballs. Sometimes, these curveballs involve considering complex legal tools like trusts, even if your spouse isn't on board. So, can I set up a trust without my spouse? Yes, absolutely. However, it depends on several factors like your financial goals, the types of assets involved, … [Read more...]
How to Get a Will Made in Texas: A Simple Guide
Creating a last will and testament in Texas protects your legacy. This expert guide simplifies how to get a will made in Texas, ensuring your wishes are honored and loved ones protected. This guide answers FAQs, explains requirements, and explores different will types to understand will creation in … [Read more...]
Does a Will Have to Be Signed by Other Parties in Texas?
Creating a last will and testament is a crucial step in planning for the future. It allows you to decide how your assets, including real estate, will be distributed after your passing. One common question is, does a will have to be signed by other parties? Understanding the requirements for valid … [Read more...]
Who Pays the Mortgage on a House in a Trust
Dealing with a mortgage after a loved one passes away raises many questions. One common question is, who pays the mortgage on a house in a trust? This article addresses this concern, offering guidance on trust-owned properties, especially for those with revocable living trusts. We'll cover Texas … [Read more...]
Where to Get a Will Notarized: Your Complete Guide
Knowing where to get a will notarized is an essential part of its validity. Creating and notarizing a will is an important step in planning for your future. This guide helps you understand the notarization process, especially in Texas. Understanding Texas Basic Will Requirements State laws, … [Read more...]
