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Recent Blog Posts
Avoid These 4 Common Mistakes in Texas Probate
The world of probate can feel overwhelming for many families. The last thing you want is to make a mistake that could cost your loved ones time, money, and unnecessary stress. A Texas lawyer can help you prevent issues that can arise if you are unprepared or misinformed about the probate process.
Mistake #1: Not Having a Will
Creating a valid will is one of the most crucial steps in estate planning. In Texas, if you pass away without a will (known as dying “intestate”), the state’s laws determine how your assets are distributed. This can lead to unintended consequences and may not align with your wishes. By creating a clear, legally binding will, you ensure that your assets are passed down according to your desires and minimize the chances of family disputes.
Top Reasons to Consider Limited General Counsel for Your Business
As a small business owner, you wear many hats. From managing day-to-day operations to planning for the future, getting caught up in the whirlwind of responsibilities is easy. One area that often gets overlooked is legal matters. That is where limited general counsel comes in – a cost-effective solution that provides your business with the legal support it needs to thrive. A Texas lawyer can help you understand the top reasons why you should consider limited general counsel.
What is Limited General Counsel?
Limited general counsel refers to an arrangement in which a business retains an attorney or law firm to provide legal services on a part-time or as-needed basis. This differs from hiring a permanent in-house lawyer or contracting a law firm for particular legal issues. Limited general counsel serves as an intermediary solution, allowing small businesses to obtain legal advice without incurring the significant expenses of a full-time legal team.
What is a Heir Dispute?
When a loved one passes away, the last thing anyone wants to deal with is a dispute over their estate. Unfortunately, heir disputes are all too common and can cause significant emotional and financial strain on families. A Texas lawyer can help you explore what heir disputes are and how to navigate them.
The Basics of Heir Disputes
An heir dispute occurs when there is a disagreement among the heirs of an estate about how the assets should be distributed. This can happen for many reasons, such as:
- Ambiguous or outdated estate planning documents
- Disagreements over the interpretation of a will or trust
- Concerns about the validity of the estate plan
- Conflicts among family members or beneficiaries
These disputes can arise regardless of whether the deceased left a will or not. In Texas, if someone dies without a will (known as dying “intestate”), their assets will be distributed according to the state’s intestacy laws.
The Role of Mediation in Contested Estates
When a loved one passes away, the last thing a family wants is a drawn-out legal battle over their estate. Unfortunately, contested estates are not uncommon. Disputes can arise over the validity of a will, the distribution of assets, or the actions of the executor. These conflicts can be emotionally charged and financially draining for all parties involved. A Texas lawyer can help you with an alternative to litigation to help families resolve these issues more amicably and efficiently.
What is Mediation?
Mediation is an alternative dispute resolution method involving a neutral third party, known as a mediator, who guides the disputing parties through discussions to help them find a mutually acceptable resolution. In the context of contested estates, mediation brings together the beneficiaries, executors, and other interested parties to address any concerns and work towards a resolution.
What to Consider When Setting Up a Do-Not-Resuscitate Order
When faced with the possibility of a serious medical emergency, you must consider your wishes regarding life-sustaining treatments. One aspect of this planning process is setting up a Do-Not-Resuscitate (DNR) order.
This legal document instructs healthcare providers not to perform cardiopulmonary resuscitation (CPR) or other life-sustaining measures if your heart stops beating or you stop breathing. While contemplating such a weighty decision can be emotionally challenging, it is a vital step in ensuring that your end-of-life preferences are respected and that you receive care aligned with your values and beliefs. A Texas lawyer can help you properly create your DNR order.
The Purpose of a DNR Order
A DNR order serves to honor an individual’s preferences regarding end-of-life care. It allows a person to express the desire to forgo invasive medical procedures that may prolong life but not necessarily improve its quality. By establishing a DNR order, individuals can ensure that wishes are respected and care that aligns with values and beliefs.
How Often Can You Change Your Power of Attorney?
Granting someone power of attorney is a major decision that gives them legal authority to act on your behalf. As life circumstances change, you may want to revise who you have appointed or modify the powers granted. In Texas, you can revoke or modify a power of attorney at any time as long as you are mentally competent. A Texas lawyer can help you make any changes to your estate plan or any legal documents as you wish to make alterations.
Revoking a Power of Attorney
Texas law allows you to cancel an existing power of attorney whenever you wish. The revocation must be accomplished through a written document signed by you or through the execution of a new power of attorney that expressly revokes the previous one.
Succession Planning for Family-Owned Businesses
As a family-owned business, you have poured your heart and soul into building a successful enterprise. However, have you considered what will happen to your business when you are ready to retire or in the event of an unexpected tragedy? Succession planning is vital to ensure the longevity and prosperity of your family-owned business. A Texas lawyer can discuss the importance of succession planning and how it can help protect your legacy under Texas law.
Why Succession Planning Matters
Succession planning is the process of discovering and fostering new leaders who can replace current leaders when they retire, leave, or pass away. For family-owned businesses, succession planning is particularly important because it helps ensure that the business can continue to thrive under the next generation's leadership.
Protecting Your Business from Liability in Texas
A successful business requires more than a great product or service and a strong work ethic. It also demands a proactive approach to managing risk and protecting the company from potential liabilities. Businesses face various legal threats that can arise from everyday operations, from customer disputes to employee injuries. A Texas lawyer can help you with the best ways to protect your business.
Choose the Right Business Structure
One of the first decisions you will make when starting a business is selecting the appropriate legal structure. In Texas, you can choose from several options: sole proprietorship, partnership, limited liability company (LLC), and corporation. Each structure offers varying levels of personal liability protection.
Durable Powers of Attorney in Estate Planning
Estate planning is crucial for ensuring your wishes are carried out, and your loved ones are taken care of in the event of your incapacitation or death. While many focus on creating a will or trust, it is equally important to consider establishing a durable power of attorney (DPOA) as part of your comprehensive estate plan. A Texas lawyer can help ensure you take all the necessary steps.
What is a Durable Power of Attorney?
A durable power of attorney is a legal instrument that enables you to designate a reliable person, an agent or attorney-in-fact, to handle your decisions should you become incapacitated or otherwise unable to manage your affairs. There are two types of DPOAs in Texas: one for financial matters and another for healthcare decisions.
Financial Durable Power of Attorney
A financial DPOA grants your chosen agent the authority to handle your financial affairs, such as managing bank accounts, paying bills, and making investment decisions. Unless otherwise specified, this document becomes effective immediately upon signing and remains in effect even if you become incapacitated.
Homestead Laws' Effect on Estate Planning in Texas
Homestead laws play a crucial role in estate planning and probate in Texas. These laws offer significant protection for homeowners and their families. A Texas lawyer can help you determine how homestead laws impact estate planning and probate and what you need to know to ensure your assets are protected.
Understanding Texas Homestead Laws
Texas homestead laws protect homeowners' primary residences from creditors and forced sale. A homestead may be classified as urban or rural, each with its own acreage restrictions. Urban homesteads are confined to 10 acres, whereas a rural homestead may have up to 100 acres for an individual or 200 acres for a family.
Homestead laws provide protection for the surviving spouse and minor children as well. The homestead property cannot be sold or divided as long as the surviving spouse is alive or any minor children reside at home.
14603 Huebner Rd., Bldg. 32, San Antonio, TX 78230
210-535-0870
