Estate Planing Archives - Page 2 of 4 - Texas Social Security and Estate Law Firm

Special Needs Trustee Selection

December 15, 2022

Trusts set up for loved ones with disabilities are typically supervised by the grantor (the individual who creates and funds the trust). However, it is crucial to choose a successor trustee who will continue properly managing the SNT to benefit the special needs individual. When selecting a reliable, honest, and capable successor trustee, there is much to consider since trusts often operate on the honor system unless there are egregious circumstances that the courts must address.

To Avoid Issues, Create and Update Your Estate Plan Consistently

December 1, 2022

In the absence of a plan, your estate’s financial future and legacy for your loved ones will be decided by the courts under your state’s intestacy laws. Dying without an estate plan or a basic will creates confusion, work, and heartache for your family at a time when they should be mourning your loss.

A Creditor’s Options for Disrupting a Probate

November 24, 2022

A will specifies a personal representative (executor) who will publicly make the date of death of the testator public (normally through a local newspaper). In part, this information serves as notice to creditors if the decedent has an outstanding debt with them. The personal representative must also make a reasonable effort to notify ascertainable creditors.

What You Should Know About Special Needs Trusts

November 17, 2022

Generally, a trust is created when a person or business manages property or assets on behalf of another party. The person or entity who manages the trust is known as the “trustee” and is entrusted with the responsibility of making decisions in the best interest of the person who benefits from the trust, known as the beneficiary. Trusts are advantageous because they provide the ability to place conditions on how and when your assets will be distributed when you die, reduce estate and gift taxes, and allow you to skip the lengthy and expensive probate process.

What Are the Circumstances Under Which Disinheriting a Child Becomes a Mistake?

November 3, 2022

When it comes to inheriting money or property, most parents treat their children equally. But sometimes, parents intentionally choose to not leave anything to a child, and the reasons for doing so may vary. One reason could be that a child who is more financially successful than the others and the parent doesn’t feel it’s necessary to leave anything. Another reason may be a desire to prevent a child with special needs from losing government benefits. Or a parent may not want to leave an inheritance to an irresponsible or drug-dependent child for fear the inheritance will be wasted.

Probate: How to Decide If You Need It

October 27, 2022

Despite sounding complex and expensive, probate is a standard legal process that transfers assets from decedents to their chosen beneficiaries or heirs. Whether or not you require probate depends on the type of property and how you own it, and the state laws in which you live. While probate can be a complex process for vast estates, it is a simple formality for most Americans. Essentially, probate allows a judge to give legal permission for assets to pass whether or not there is a last will.

Are All Children Entitled to the Same Inheritance?

October 6, 2022

Equitable asset division among children makes perfect sense in many situations. Yet, in some families, each child receiving the same inheritance can be inappropriate, deplete the estate’s assets due to ensuing litigation, or cause other family issues after you are gone.

An Overview of Advance Directives

September 29, 2022

A tear streams down Kevin’s cheek as he stands in front of Winnie’s nursing home room. The medical staff just finished inserting a feeding tube into Winnie – an act Kevin knew she didn’t want. Unfortunately, Winnie couldn’t express her wishes due to advanced dementia, and she had no legal documents that expressed her wishes not to be fed by artificial means. Kevin had no choice but to sit back and watch his wife go through a procedure she didn’t want.

Is the Probate Attorney Able to Represent the Executor or Estate Heirs?

September 22, 2022

Knowing the lawyer’s role is one of the first steps you should take when starting the probate process, no matter if you’re the Executor or an heir. One of the biggest sources of conflict in probating the estate is understanding the role of the lawyer hired by the Executor of a probate estate. Many Executors do not understand the probate process and leave the tasks up to the lawyer. The heirs of the estate may hear only from the lawyer or may hear the Executor say, “This is what the lawyer says we have to do.” This often raises the question, does the lawyer owe a fiduciary duty to the heirs of the estate since the Executor owes a fiduciary duty to the heirs?

The Estate Planning Process for Individuals with Special Needs

September 15, 2022

How are special needs defined? The term special needs refer to those with learning difficulties, behavioral or emotional problems, or physical disabilities requiring specialized education. For example, individuals with autism, ADHD, Asperger syndrome, Down syndrome, dyscalculia, dyslexia, deafness, blindness, and cystic fibrosis fall into the special needs category, as do cleft lips, missing limbs, and more. The US government combines this group into the overall classification of disability, and current US Census data estimates the US disabled population to be 12.7 percent or 41.1 million individuals.

Category: Estate Planing

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