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Recent Blog Posts
Can I Plan for My Funeral in a Will?
Planning for the inevitable is a responsible and thoughtful act. While many people are familiar with using a will to distribute their assets, the question arises: can you plan for your funeral in a will? Yes, you can. If you are looking to add this to your will or are starting your will from scratch, contact an experienced lawyer to help guide you through the process of adding funeral arrangements to your will.
Funeral Wishes in a Will
Wills are very important legal tools to include in your estate plan to ensure your estate is not subject to Texas intestate laws upon your death, which is what happens if you die without a will. While a will is a legal document that primarily deals with the distribution of assets, it is possible to express your funeral wishes within it. However, it is important to note that funeral arrangements are not legally binding in a will. This means your loved ones are not legally
Estate Planning for Low-Income Earners
Estate planning is all too frequently associated with people who have significant assets or are high-income earners. However, regardless of wealth level, having a will is truly essential for everyone. Recently, we wrote a blog detailing the considerations for upper-middle-class individuals looking to create a will. We will now discuss considerations for low-income people and why they, too, should make a will. For help getting started in estate planning, contact an experienced lawyer to get started.
Do I Need a Will if I Am in the Upper Middle Class?
In today’s fast-paced world, it is easy to overlook the importance of estate planning, especially for those in the upper middle class. Many individuals mistakenly believe that wills are only necessary for the ultra-wealthy or the older members of society. However, regardless of your net worth or age, having a will is crucial to ensure your assets are distributed according to your wishes. If you are part of the upper middle class and are looking to create a will, contact a lawyer to begin the process. Your lawyer will walk you through the process, ensuring your legal goals can be pursued.
Do Not Resuscitate Orders and Advanced Medical Directives
In medical emergencies, people have the right to make decisions about the type of care they receive, including whether they wish to be resuscitated. Do Not Resuscitate (DNR) orders and advanced medical directives in Texas are legal documents that allow individuals to express their preferences regarding life-sustaining treatments. If you are interested in creating an advanced medical directive in your estate plan and you live in Texas, contact a lawyer to begin the process today.
Do You Need Legal Representation as a Fiduciary?
As a fiduciary, your main duty is to always act in your clients' best interests, which can be quite a challenge, especially if you are not a lawyer or an accountant. This is why you might want to think about getting an attorney to guide you through your fiduciary responsibilities.
Why Consider Legal Help as a Fiduciary?
Getting legal representation as a fiduciary offers multiple advantages. A lawyer can break down your fiduciary duties and what you are responsible for. They can also give you advice on the best ways to fulfill these duties.
Having a good attorney can also help you avoid legal problems. They will go through your contracts and papers to make sure everything follows the rules. If any issues come up with your clients, they can help sort them out.
The Difference Between a Power of Attorney and a Health Care Proxy
A Power of Attorney (PoA) and a health care proxy are both legal documents that allow you to appoint someone to make decisions on your behalf should you need it. However, they have different purposes and grant different powers to the person you appoint.
Key Differences at a Glance
In Texas, both powers of attorney and health care proxies must be in writing and signed by you in front of two witnesses. They must also be notarized and will only take effect in the event you are incapacitated.
Here is a summarized list of the key differences between powers of attorney and health care proxies in Texas:
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A power of attorney is for financial decisions, while a health care proxy is for medical decisions. As such, a power of attorney can be used to appoint someone to manage your bank accounts, pay your bills, and sell your property. A health care proxy, on the other hand, can be used to appoint someone to make decisions about your medical care, such as choosing your doctors, consenting to or refusing treatment, and making end-of-life decisions.
5 Life Changes That May Mean You Should Update Your Estate Plan
Making an estate plan is not normally something a person does once and can then forget about. Your estate plan is a dynamic set of instruments and in almost all cases, you can change your plans at any time. If you have recently experienced a significant life event, it may be time to update your estate plans to reflect the change. Few people would want their ex-spouse to remain listed as a beneficiary, or inadvertently omit a new family member. It is important to regularly revisit your estate planning documents to check whether the plan you have on paper is still the plan you want. You may wish to change who your beneficiaries are or update your documents to reflect a new home state’s laws. It is best to visit an estate planning attorney after any major life change so that you can be sure that your plans still reflect your wishes.
Life Events That May Trigger a Change in Estate Plans
Especially when there are changes in the structure of your family, it is best to update your estate plans as soon as you are able to. Common life events that trigger people to change their estate plans include:
4 Legal Grounds for Residential Eviction
Most residential landlords hope to avoid a situation in which they must legally evict a tenant. If you own a residential property you rent out, you likely use a variety of screening tools to help you avoid renting to someone you might have to evict. You likely ran a check of any prospective tenant’s finances to verify that they would be able to pay the monthly rent. You probably also ran a criminal background check to help reduce the likelihood of getting a tenant who would use your property for illegal purposes. You may have even contacted an applicant’s previous landlords to see whether they have a history of violating residential leases. However, circumstances can always change. Even if you are very careful about screening your tenants, a number of issues can appear well after the lease is signed. If you are beginning to believe that you may need to evict a tenant to protect yourself or your property, it is best to involve an attorney from the outset of the eviction process.
How Can Employers Enforce Non-Compete or Non-Disclosure Agreements?
Non-compete and non-disclosure agreements are important tools that employers can use to protect their business interests. These agreements can help ensure that employees do not disclose confidential information or trade secrets, and they can prevent former employees from competing with an employer after the termination of their employment.
In Texas, non-compete and non-disclosure agreements are enforceable if they meet certain legal requirements. To enforce such agreements successfully, employers must understand these requirements and ensure they take the appropriate steps when drafting contracts. An employer can work with a business litigation attorney to determine the appropriate steps to take to address violations of these types of agreements.
The Enforceability of Non-Compete Agreements
A non-compete agreement, also known as a covenant not to compete, restricts an employee's ability to engage in work that competes with the employer’s business within a specific geographic area and for a limited period of time after leaving the company. For a non-compete agreement to be enforceable in Texas:
Do I Need a Will, a Trust, or Both?
If you are just beginning to think about estate planning, you may be wondering what types of documents you need. Highly sophisticated estate plans may involve multiple types of trusts, each serving a different specific purpose, in addition to a will. However, most people do not need a plan this complex. Most people can address all of their testamentary estate planning using just one or two documents. One of the first things you will need to consider when you begin estate planning is whether to use a trust, a will, or both. While either may be sufficient by themselves in some situations, it is often advisable to use both. It is important to speak with an experienced estate planning lawyer who can help you make this decision. Your ideal estate plan depends significantly on your financial and family situations.
Why Should I Use a Trust?
A trust is much more protective of your estate property, and often much easier for your beneficiaries to navigate. Property that is contained in a trust at the time of your death does not need to pass through probate. Probate can be expensive and time consuming for all involved. Control of your trust can pass directly to the person you have designated as your successor trustee. The successor trustee can begin making distributions to your beneficiaries with little oversight.
14603 Huebner Rd., Bldg. 32, San Antonio, TX 78230
210-535-0870
