14603 Huebner Rd., Bldg. 32, San Antonio, TX 78230
Call Us for a Free Consultation
210-535-0870
Recent Blog Posts
Tips on Choosing the Right Trustee
If you are leaning towards using a trust over a will as your primary testamentary tool, you are among countless others making the same smart choice. Using a trust allows your loved ones to bypass probate, which can be very complicated in Texas. Often, trust administration is much smoother and allows distributions to be made to your beneficiaries much more expediently. Trusts can also help you avoid the expense associated with probate so that more money stays in your loved ones’ hands.
One key factor in how smoothly your trust can be administrated is your choice of trustee. The individual you choose may have some discretion in making distributions and will be responsible for managing any property or funds in the trust. It is important to make the right selection, as a poor choice could cause headaches for your beneficiaries down the road. You should discuss your options with an attorney before making a final decision.
Top 3 Causes of Disputes Between Commercial Landlords and Tenants
In some ways, renting out commercial real estate can be less complicated than renting out residential units. As a commercial landlord, you probably are not too worried about someone smoking inside your property or throwing loud parties that disturb other tenants. You are less likely to be disturbed by after-hours maintenance requests, and you are not subject to some of the stringent housing code requirements that apply to residential units.
Of course, that does not mean that renting out commercial space is going to be all smooth sailing. There are plenty of reasons that a commercial landlord could face litigation. Disputes between corporate renters and property owners are not uncommon. If you are facing legal threats from your commercial tenant, it is important that you get in contact with an attorney as soon as possible to help resolve your dispute.
Preventing and Addressing Commercial Real Estate Rental Disputes
Why Estate Planning Matters for Younger Adults
When you are still in the prime of your life, estate planning may not seem important at all. You have no reason to anticipate needing one anytime soon, and you may not have children or a spouse to worry about protecting. As a younger adult, you have also had less time to accumulate property, so you might not feel that deciding how to distribute it is very important. This could be a big mistake. Life is nothing if not unpredictable. Your personal circumstances, from your health to your wealth to who you would want your beneficiaries to be can change very quickly. Aside from that, there is much, much more to estate planning than simply making a will or trust. Wherever you are in life, having a legally sound estate plan in place can offer an additional layer of security to both you and your loved ones. A qualified lawyer can help you take the next steps.
Why Should I Have an Estate Plan at All?
First, you should know that your estate plan will encompass important medical planning documents like a living will and health care powers of attorney. These documents are your voice should something happen so that you cannot speak for yourself. For most young people, your parents would be the de facto decision-makers in this type of situation. If you do not see eye-to-eye with them regarding how you would want to be treated - or not treated - these documents are not optional.
5 Tips for Making Sure Your Advance Medical Directives Are Followed
Advance medical directives are extremely important for everyone. Even if you are young and healthy, you never know when an emergency could arise, and you will need those documents to fall back on. For those who are older or anticipate that they may become incapacitated in the near future, these documents are critical. Living wills, medical powers of attorney, and Do Not Resuscitate orders are your voice when you can no longer speak for yourself. Everyone has their own wishes regarding what types of care they would or would not want to receive should they become incapacitated and seriously ill. Creating an incapacity plan to express these wishes is the first step. Making sure that your wishes are going to be carried out in practice is equally important.
Steps You Can Take Toward Ensuring That Your Wishes Are Respected
You know what your wishes are better than anyone else. Unfortunately, not everyone may agree with your decisions. Family members sometimes make irrational decisions during times of emotional stress, especially when a loved one seems to be dying. Some measures you can make to keep your documents in control of the situation include:
What Happens If I Die Without an Estate Plan in Texas?
Losing a close family member is always difficult, no matter what. Administrating a family member’s estate can be emotionally challenging even if they had a strong estate plan and the administration can be carried out smoothly. When there is no estate plan, the difficulty level can skyrocket for the surviving family members. During a period of grief, they will have the added stress of trying to sort out the estate without the decedent’s guidance.
In Texas, when a person passes away without an estate plan, their estate must go through a process called intestate probate. Essentially, in the absence of an estate plan, state law determines who should receive what. While the intestacy structure is designed to approximate what you probably would have wanted, there is no guarantee that this reflects your actual wishes. This is one of many reasons that estate planning is important for everyone.
How Does Intestate Probate Work in Bexar County?
5 Tips for Charitable Giving in a Texas Estate Plan
Using a portion of your estate to support a cause you believe in can be an excellent way to build a lasting legacy. When you leave money or property to a charity in an estate plan, you can keep making the world a better place long after you are gone. Your surviving loved ones will have the benefit of seeing the good you are still doing every day. The benefits of posthumous charitable giving are numerous. You will have options for how you go about designating a portion of your estate for charity. It is a good idea to talk over your options with a qualified estate planning lawyer who can help you make the most of any charitable giving you use your estate plan to accomplish.
What You Should Know About Charitable Giving Through Estate Planning
Setting up your estate plan so that some funds go to a good cause does not have to be difficult or complicated, although you should have an attorney assist you. If you are considering using your estate to help out a charitable organization, some things to be aware of include:
20 Years Later, the Terri Schiavo Case Still Exemplifies the Need for a Living Will
Many people think that the term “estate planning” is synonymous with writing a will. However, a will is only one component of the estate planning process. Estate planning is not only planning for the distribution of your assets upon your death, but also planning for your possible incapacitation. Many people are terminally ill and unable to make decisions for themselves long before they pass away. Planning for the possibility of incapacitation by illness or injury is very important. Nothing better exemplifies the need for incapacitation planning than the Terri Schiavo case.
Legal and Familial Turmoil Caused by Uncertainty
When she was just 26 years old, Terri Schiavo went into cardiac arrest. She suffered brain damage from lack of oxygen that put her in a vegetative state. Doctors had little hope of her ever regaining consciousness. Terri’s husband did not believe that his wife would want to live in that condition. In 1998, he sought to have her breathing tube removed so she could die naturally. However, Terri’s parents strongly disagreed. They wanted their daughter to be kept alive by any means necessary – even if she could never again interact with the world or communicate with loved ones.
6 Reasons to Choose a Revocable Living Trust
Revocable living trusts can offer a number of benefits over standalone wills. The idea of an irrevocable trust can be frightening for some, as it is not easily altered once it exists. Revocable trusts are more flexible and can accomplish quite a few different goals. These trusts can generally be administered rather smoothly and with little or no court oversight. Many people prefer to use this type of flexible trust as their main testamentary document. Before you choose a type of trust, make sure that you speak with an attorney and discuss the goals you want to accomplish and your financial situation. A qualified estate planning lawyer can help you decide whether a revocable living trust is the right estate planning tool for you.
What Are the Benefits of a Revocable Living Trust?
Some advantages of using this type of trust include:
- Avoiding probate - Probate can be a long, complicated process. Your beneficiaries may have a difficult time, especially if there are any hiccups during the probate process. More complex probate situations need to be handled by an attorney, unless your personal representative is rather experienced.
How Does a Special Needs Trust Work in Texas?
If there is anyone with special needs you would like to make one of your estate beneficiaries, a special needs trust is likely the best way to go about it. Also called a “supplemental needs trust,” these trusts allow you to leave money to a disabled adult without jeopardizing any of their public benefits. A trustee will be able to make distributions to the beneficiary to pay for needs or wants that Medicare or Social Security would not cover. However, because the beneficiary cannot withdraw funds at their own discretion, any funds in the trust are not counted as their income for purposes of need-based assistance programs. If you are trying to leave estate property to someone with special needs, your lawyer will most likely suggest using this type of trust.
Why Do I Need to Use This Type of Trust to Provide for an Adult With Special Needs?
If you use a more traditional type of trust where regular distributions are made or they can withdraw funds at will they will need to report that money as income or a personal resource when applying for important government benefits. The same is true if you use a will and leave them a lump sum. This could lead to your loved one losing access to benefits that they rely on, forcing them to use the money you leave them to pay for things that an assistance program would have covered, such as medical care and housing.
When Should a Beneficiary Hire a Lawyer?
Becoming an estate beneficiary can bring a strange mix of emotions. On one hand, if you are inheriting something, it means that a loved one who cared about you has died, so you are grieving. On the other hand, you may be gaining a substantial amount of money, treasured family belongings, or even real estate. Depending on the type of testamentary plan your loved one used and how the administration of the estate is being handled, you might also be confused or upset. In many cases, the named estate administrator does a fine job and you will not need an attorney of your own. In other cases, something goes awry or the process is too complex for it to be handled without an attorney’s help.
Do I Need My Own Attorney to Help Me Claim My Inheritance?
When everything goes smoothly, you might not need a lawyer during the estate administration process. However, if you encounter any of these situations while attempting to claim your inheritance, it may be in your best interest to work with an attorney:
14603 Huebner Rd., Bldg. 32, San Antonio, TX 78230
210-535-0870
