If you have minor children, the odds of something happening to you while they are still young are not quite as high as the odds of winning the big Mega Lottery, but they are still pretty high. Unlike the small cost of a lottery ticket, however, the cost of not having an estate plan for parents of minor children is astronomical. You won’t pay the costs; your children will. Also unlike the lottery, they will only pay the costs if their number hits.

When parents do not make plans for who will take care of their children in case the parents pass away prematurely, a Probate Court has to hold evidentiary hearings about who the best guardian will be. If the parents have chosen a guardian ahead of time, then the court will give great weight to the parents’ choice. But, the court can’t do that if the parents haven’t made a choice. The court has to make a decision on its own. In most cases, it will be a family member, however, it might not be the family member the parents would have chosen.

Do not play this reverse lottery with your children’s lives. It is doubtful that anything will happen to you. However, the costs are far too high to take that risk.

The Mendel Law Firm, L.P. is a member of the American Academy of Estate Planning Attorneys.

According to the Texas Probate Code, adopted children have inheritance rights when their parents die intestate. An intestate parent is one who dies without a valid will. An adopted child has the same intestacy rights of inheritance as a natural or biological child. The Texas Probate Code sets forth the rules of succession to determine which heirs are entitled to receive an inheritance when a Texas resident dies without a valid will. Pursuant to the Texas Probate Code, an adopted child has a right to inherit from both sets of parents – biological and adoptive. However, a biological or natural parent does not have a legal intestacy right to inherit from the child she chose to give up to adoption.

The Texas Probate Code’s protection of adopted children is especially important as more and more children seek out their natural birth parents’ identities. Since Texas law allows adult adoptions, the Legislature addressed this by denying intestacy rights to adoptive adult parents and their adult children. In other words, an adopted adult does not have an intestate right to inherit from her adoptive parent. Conversely, an adoptive parent does not have an intestate right to inherit from his adopted adult child.

The Mendel Law Firm, L.P. is a member of the American Academy of Estate Planning Attorneys.

According to the Texas Probate Code, stepchildren have few rights to inherit from their stepparents if they die without valid wills. A person who dies without a will is an intestate. An intestate’s heirs have a right of succession as determined by the Texas Probate Code. A stepchild does not have a right to either of his stepparent’s intestate property under the Texas Probate Code because the state does not consider him a legal relative. This is true even when a stepparent has a very close relationship or bond with his stepchild. It also applies to a child of a single parent who later marries and the new husband or wife raises his spouse’s natural child.

The limited exception to the general rule that stepchildren cannot inherit from their stepparents absent a valid will is when a stepparent legally adopts his stepchild or promises to adopt the child but later does not. In the latter situation, if the stepchild can prove the existence of a valid oral or written contract promising to adopt him, he may inherit from his stepparent who died without a will.

The Mendel Law Firm, L.P. is a member of the American Academy of Estate Planning Attorneys.

According to the Texas Probate Code, half-blood children have half the rights to an inheritance than children of the whole-blood. A half-blood child shares only one natural parent as the rest of his siblings. Thus, when a decedent dies intestate leaving a half-blood sibling and whole-blood sibling, the surviving whole-blood sibling has a full intestacy right to his estate as predetermined by the Texas Probate Code. However, his half-blood sibling only has a right to half that right.

An after-born child is one born after a parent created a will. In this case, the after-born child was probably not included in one or both of his parent’s wills. In this case, an after-born child may be able to inherit from his parent, depending on the specifics. As recommended by the Texas Bar Association, parents should amend their existing wills or revoke their existing wills and create new wills when they have additional children to ensure they incorporate them and allow them to receive an inheritance.

The Mendel Law Firm, L.P. is a member of the American Academy of Estate Planning Attorneys.

When starting a young family and watching your first child come into the world, the last thing on your mind is creating a will. However, as soon as you are responsible for another human life, one of the very first things you should do is create your last will and testament. There are many reasons for this, not the least of which is making sure that your child is taken care of after your death. Even though we all plan to live a long, healthy life, we know that it doesn’t always happen. Making these preparations early in your life when you’re still of sound mind and body means that your child will get the benefit of knowing that your wishes were carried out.

Most people think of a will as a document that simply tells people what you are leaving to them. While that is true, it can also serve other functions such as designating a guardian to take care of your child in the event that you pass away. That person can also serve as a trustee if you set up a trust to take care of your child until they reach adulthood. For that reason, you want to make sure that you choose the right person for the job.

The second reason why you need a will is to make sure that all of your wishes are carried out. For instance, you may have some special items that you would like to pass down to the next generation. It’s very important that you specify what should happen to these things so that there is no fighting or conflict among family members or friends.

Finally, there are other things that you can use the will for including donating your organs, specifying funeral arrangements and even making charitable contributions after your death. A good estate planning attorney can help you to create a well so that all of your wishes are carried out.

The Mendel Law Firm, L.P. is a member of the American Academy of Estate Planning Attorneys.

As parents, we want the absolute best for our children. That’s why estate planning can be especially difficult for parents of children who are still too young to take care of themselves. It can be daunting to name a guardian to step in and handle the care and upbringing of your children if you  can’t be there. And then there’s the concern of who should manage the inheritances you plan to leave behind. Minor children aren’t legally permitted to manage significant amounts of money for themselves.

The simplest way to make a contingency plan for your children’s future is to pick one person to handle both tasks – caring for your children and managing their inheritances, too. In some families, this is a very workable solution – there’s one adult who would make a great day-to-day caregiver and who would shrewdly and effectively handle the children’s money.

However, this is not a viable option for every parent.  Many people have relatives or friends who would be fantastic money-managers, but might not be well-suited to shepherding children as they grow up. What’s the solution? Choose different adults to handle each of these two essential functions.

Your children’s guardian does not need to be the same person who manages your children’s money. Instead, you can choose one trusted adult to serve as guardian, and another trusted adult to serve as trustee or custodian of your children’s inheritances.
Your estate planning attorney can help you structure a plan that will provide the best possible protection for your children, while meeting your family’s other estate planning needs as well.

The Mendel Law Firm, L.P. is a member of the American Academy of Estate Planning Attorneys.

For parents of young children, perhaps the most difficult and emotional part of making an estate plan is deciding who to nominate as guardian of your children. This person will step in and care for your children in the event that your kids are left without parents before they reach adulthood.

It can be hard enough for married parents to come to an agreement on this incredibly important topic; but when you’re divorced from your child’s other parent, coming to an agreement can be all the more difficult.

So, how important is it for both parents to agree on this issue, and what happens if you don’t agree?

As a practical matter, as with any major decision concerning your children, the best case scenario is for both parents to be united in their plans for their children’s future. This eliminates the potential for uncertainty confusion and promotes a sense of security for everyone involved.

However, it’s not always possible for parents to come to an agreement on this issue. When mom and dad can’t agree, whose choice wins out? Generally, if both parents pass away while their children are still minors, it’s the parent who dies second whose wishes will be honored. Here’s how it usually works:

Let’s say the custodial parent passes away first. Unless the surviving parent has been found to be unfit, the children will go to the surviving parent. Then, if the surviving parent also passes away while the children are still minors, his or her Will will be probated, and the guardian he or she has chosen will generally be made responsible for the care of the children.

It’s essential that both you and your former spouse have an estate plan nominating a guardian for your children. Without a plan, in the event that both of you pass away, a judge will be the one to choose who serves as guardian.

No matter your circumstances, your estate planning attorney can help you structure your estate plan so that it meets the specific needs of you and your family.

The Mendel Law Firm, L.P. is a member of the American Academy of Estate Planning Attorneys.

If you’re a parent, you likely put a lot of time and careful thought into choosing a guardian for your children when they were babies or toddlers. But, as time passes and your children grow, the person who initially would have made the perfect guardian might not seem like such a great choice.

For example, the grandmother or grandfather who was in perfect health ten years ago might be in a nursing home now. Or, the close family friend whom your children adored when they were preschoolers might have moved cross-country a few years ago. Would your kids – now pre-teens – even know them now?

If it’s been a few years since you picked a guardian for your children, now might be a good time to pull out your estate plan, and revisit your choice. Does it still make sense? If not, it’s time for an update! The considerations are the same as they were the first time around:

• Who, among your family and close friends, has values that are similar to your family’s?
• Who has similar ideas about raising children? Who has similar religious, moral, and educational views?
• Whose household would your children best fit into?
• Who do your children enjoy spending time with?
• Who lives close to you?
• Who would enjoy bringing your children into their home?

If you’re choosing a new guardian, be sure to choose a new alternate guardian as well. And, be sure to talk to both of your choices before you formally update your estate plan – just to make sure they’re able and willing to take on the job.

The Mendel Law Firm, L.P. is a member of the American Academy of Estate Planning Attorneys.

As a single parent, you’re used to doing double-duty, acting as both mom and dad, and taking care of all the details by yourself. And when it comes to estate planning, attention to the details is all the more important when you’re parenting by yourself.

Here are a few tips for ensuring that your estate plan really takes care of your children:

1. Work with an experienced estate planning attorney. An attorney with years of practical experience to draw on will be in a position to help you identify needs you may not have thought of. He or she can also help you anticipate problem situations, and take steps to avoid unnecessary conflict or stress.
2. Make sure you’re insured. The importance of life insurance can’t be overlooked, especially if you’re the sole means of financial support for your children. Term life insurance coverage can be an inexpensive method for leaving your children a solid inheritance.
3. Make sure you have a Will that names a guardian and a trustee for your children. You’ll want to name someone you trust to care for your children and their finances in the event of your death. If you’re divorced, your ex-spouse will likely get custody of your children if you pass away while your children are still minors. If you don’t believe this is in your children’s best interests, consult with an attorney to see what steps you can take to name a different guardian for your children.
4. Put an incapacity plan in place. You need a durable financial power of attorney, as well as a durable healthcare power of attorney. With these documents, you can name someone you trust to take care of your finances and to make medical decisions for you in the event of your incapacity.

The Mendel Law Firm, L.P. is a member of the American Academy of Estate Planning Attorneys.

What is the purpose of an estate plan? At its most basic, an estate plan ensures the smoothest, most orderly transition possible at the time of your death. This means that your loved ones know where you want your property to go – and how to get it there. It also means that, if you have young children, your loved ones know who is supposed to take care of your children, and what your expectations are for how your kids are to be brought up.

A comprehensive estate plan also includes a plan for what will happen if you’re mentally incapacitated. So, your loved ones know what your wishes are for the managing of your medical care and for the handling of your finances – and they can effectively and efficiently carry out those wishes.

An estate plan can also minimize the amount of property that gets handed over to the government in the form of taxes, while preserving that portion of your estate for your family members or for favorite charities. There are countless ways that an estate plan can help bring order and peace to an otherwise dark and distressing chapter of your family’s.

On the other hand, consider what can happen if you neglect to put an estate plan in place. If you become mentally incapacitated; say, in a car accident – not only does your family have to deal with the trauma of your injuries and inability to communicate, they also have the added stress of the living probate process. They’ll need to hire a lawyer and go before a judge to have a guardian or conservator appointed for you.

If you pass away, it’s state law, and not your wishes, that will dictate who gets your property – and possibly who ends up raising your children. And the process of determining all this can be incredibly time consuming and expensive.

As the old saying goes, failing to plan is planning to fail. When it comes to estate planning, this means unnecessary turmoil and uncertainty for your family during an already traumatic time.

The Mendel Law Firm, L.P. is a member of the American Academy of Estate Planning Attorneys.