Part of our job as estate planning attorneys is to make sure our client population is up to date on recent acts, amendments, and changes in case law that might affect their long-term planning. Importantly, the SECURE Act (“Setting Every Community Up for Retirement Enhancement”) is important to know about,…
Houston Estate Planning and Elder Law Attorney Blog
Does a Texas Power of Attorney Expire?
One common question we receive from clients and potential clients revolves around power of attorney – does it expire? If so, when? Understanding power of attorney is crucial, especially if you have a loved one that might need help making decisions for themselves. At McCulloch & Miller, we understand that…
Texas Estate Planning: The Limitations of a Will
The will is the most well-known tool in estate planning, and it is often clients’ first choice for how to make sure their assets are transferred to loved ones after their death. The will can be useful in that it allows individuals to provide detailed instructions for their beneficiaries, and…
The Revocable Living Trust: What You Need to Know
Unfortunately, the law around estate planning can be complex and technical in a way that makes it difficult to sort through. Fortunately, though, the law provides for a diverse array of options for those undergoing the estate planning process. Many of our clients come to us, for example, asking us…
Trust Interpretation Up for Debate in Recent Texas Court of Appeals Case
Recently, a court of appeals in Texas had to decide an important case regarding the interpretation of a decedent’s trust, which had implications for several family members who stood to benefit from the sale of a property specified in the trust. The trust in question was created by a man…
Decedent’s Wife Defends Claim to Texas Property in Long-Standing Estate Dispute
In a recent case before a court of appeals in Texas, the widow of a property owner had to defend her claim to the property that her husband left her in his will. At issue in the case was how to interpret the wills of both the decedent and the…
Brother and Sister Litigate Trust Distribution Case in Drawn-Out Legal Battle
In a recent case before the Fourteenth Court of Appeals, two siblings asked for a decision regarding the assets left in their father’s estate. Originally, the siblings fought when one took longer than the other wanted to distribute funds from their father’s trust. Without clear guidelines for how to handle…
Texas Probate Avoidance Strategies: How to Structure Your Assets for the Best Possible Outcome
One very common fear among those starting their end-of-life planning is that the Texas probate administration process will be difficult for their family members after they are gone. It is true that probate administration can be complicated, and it is also true that there are ways that individuals can make…
A Guide to Navigating Texas Probate Administration
When our clients and potential clients come to us after the death of a loved one, there can be a lot to think through in terms of distributing assets and getting affairs in order. One important process is the probate process, which happens when a Texas court distributes any of…
Significant Other Fights for Loved One’s Assets in Recent Texas Estate Planning Case
In a recent case before an appeals court in Texas, the plaintiff sued a local firefighters’ relief fund, hoping to receive compensation after her loved one passed away. The plaintiff originally asked a trial court to rule that she was entitled to survivor’s benefits after the death of her significant…