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Power of Attorney – An overview

Power of Attorney’s are that simple. The person granting the authority under a Power of Attorney is called the principal. The person acting on the principals behalf is called the agent. In the above scenario Parent was the principal and Son was the agent. The agent’s authority derives from the powers granted in the Power of Attorney.

Legal Self Help Sites – An Attorney’s Best Friend

I generally have been writing on issues related to our firm and the great services we provide our clients.  Today, I thought I mention on a different topic.
I was at the office today and on one of my listserv’s there has been a long discussion on online wills, legal self help online services (e.g. LegalZoom.com) [...]

Probating within four (4) Years

Ask any 5th grader what a will is and what does it do and you will likely get some fairly accurate responses. I suspect they might say something like it disposes of Daddy’s things if he dies. It’s what my mom went to see the attorney about in case she passes away. While I have not asked a 5th grader what a will is, I am fairly sure that most people, even at a young age, knows what a will is and what it does.

Disinheriting a Child (Update)

I wanted to take a moment and expand on a previous post related to disinheriting a child.  My prior post was on the specific question on whether one can disinherit a child.
The post was not speaking on the broader question on whether once one disinherits a child in their will, whether that disinheritance can be [...]

Affidavit of Heirships — Texas Use

With the holiday weekend, this will be my only post this week.
I decided to talk briefly about Affidavit of Herishps (hereinafter Affidavit) and the effective use here in Texas.  In our practice, we often come across these documents when reviewing title.  We have prepared them in certain circumstances.  Primarily, the property most “impacted” by this [...]

Can I disinherit a child in Texas?

So Johnny has not been so nice to you here lately or perhaps you have a family member which you feel you have given all they deserve to get while you have been alive and have no intention in giving anything to them at your death.
In Texas, a person who is competent to make a [...]

Character of Property in Texas – Community or Separate

When referring to the character of property, one is referring to whether property is considered “Community” property or “Separate” property.  Classifying the character of property is extremely important.  The character of a person’s property determines whether the property will be subject to just and right division in a divorce and may determine how property will [...]

Divorce and your Last Will and Testament

A divorce will likely impact a person’s life in many respects.  One respect that is often overlooked is that Last Will and Testament and beneficiaries under various types of non-probate assets.
Think back to the time you and your now ex-spouse went to the family lawyer.  The two of you decided to give each other everything [...]

The Seven Letter Word – PROBATE

If you speak to some people, they will curse the word Probate.  You might hear it is the worse thing in the world and you should be afraid, very afraid.  I disagree.
As with most things in life, their is a time and place for everything.  The process of Estate Planning is the process of planning how [...]

Powers of Attorney – Do I have authority?

The person granting the authority under a Power of Attorney is called the principal. The person acting on the principals behalf is called the agent. In the above scenario Parent was the principal and Son was the agent. The agent’s authority derives from the powers granted in the Power of Attorney.