The duties of an Executor get more and more complex as the world gets more and more complex. With people using email for just about everything today, it is important for an Executor to access the email account of the deceased to make sure that there is nothing important contained in a message, such as a business deadline. However, if the Executor does not have the password, then things can get complicated.

In the best case scenario, the Executor will be able to access the computer that the person used. This access can be used to check any desktop mail clients. It can also be used to check online email if the password is stored in a Web brower’s memory. If those options do not work, then an Executor will need to ask the email provider for access to the account. Different companies have different requirements for granting access. Some, like Yahoo, will only grant access if they receive a court order. Others will just want to see a death certificate and documentation of the requester’s authorization.

If you are an Executor needing to access an email account, ask an attorney about what you need to do. If you are anyone else, ask an attorney about how to leave your email password to your Executor to make his or her job a bit easier.

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

As a domicile of Texas, you may be able to rely on the state’s probate laws to a limited extent should you divorce. Almost all estate planning lawyers will recommend periodic reviews of estate planning documents. Your estate planning attorney will most likely ask you to review your estate plan during or after important life-changing events. One of these events is divorce.

At least one time after your divorce, you should sit down with your estate planning attorney to review your estate plan. Although seeking professional legal advice is the best course of action, you may be able to rely on our state’s default divorce and probate laws to some extent. According to the Texas Probate Code, previous bequests in favor of your spouse are void upon divorce. As such, if you drafted your will during marriage but subsequently divorce, your prior bequests to your former spouse become void by operation of law after divorce. In some cases, the default probate laws in Texas may not sufficiently protect your interests. If a court finds some evidence that you may have intended to leave your former spouse as a beneficiary, it may leave parts of your will intact. In this case, your former spouse may be able to enforce some provisions of your will.

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

Alexandra Scott (1996-2004) – Advocate for Pediatric Cancer Research

Alexandra “Alex” Scott was an American cancer patient who, at the age of four (4), started a lemonade stand to raise money for childhood-cancer research. She died of neuroblastoma at the age of eight (8). Since her death, Alex’s Lemonade Stand Foundation has collected more than $50 million to fight pediatric cancers. Each year “Lemonade Days” occurs where people all over the nation set up lemonade stands to raise money for Alex’s foundation. 

We honor Ms. Scott because she is clearly a Legacy Champ. If you want to be a Legacy Champ in your own special way, then contact The Mendel Law Firm, L.P., for a free initial consultation on estate planning, trust planning, and/or probate issues.

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

Sonny Bono (1935-1998) – Recording Artist/Record Producer/Politician

Sonny Bono began his music career at Specialty Records where his song “Things You Do to Me” was recorded by Sam Cooke. He went on to work for the record producer Phil Spector in the early 1960s as a promotion man and percussionist. He received commercial success with his then-wife Cher, as part of the singing duo Sonny and Cher. Bono wrote, arranged, and produced a number of hit records with singles like “I Got You Babe” and “The Beat Goes On.” Bono entered politics after experiencing great frustration with local government bureaucracy in trying to open a restaurant in Palm Springs, California. He served as mayor of Palm Springs for four years. In 1994, Bono was elected to the U.S. House of Representatives. Yet, despite his success, consider what happened to Bono’s estate.

• Died without a valid Will.
• Multiple court actions against the estate.
• Cher entered a claim for back alimony.
• Court action by someone claiming to be his long-lost son.
• Portion of estate lost to legal fees.

Bono was a successful recording artist and performer, but even famous performers and successful politicians can fail to properly plan.

If you want to minimize the consequences of failing to properly plan your estate, then contact The Mendel Law Firm, L.P., for a free initial consultation on estate planning, trust planning, and/or probate issues.

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

Steve Jobs (1955-2011) – Inventor, Designer & Businessman

At 21, Steve Jobs co-founded Apple Computer Company in the Jobs family garage. The first personal computer was sold for $666.66. By 1980, Apple had already released three improved versions of the personal computer. Apple had a wildly successful IPO, which made both founders millionaires many times over. Jobs also started Pixar, Inc., which has gone on to produce animated movies such as Toy Story (1995), A Bug’s Life (1998), etc. All of these animated movies made him one of the most sought after men in Hollywood. After Pixar, Jobs went on to the music industry. He introduced the iPod in 2003 and later, iTunes, a digital jukebox. Thereafter, Jobs revolutionized how people work and interact with the iPhone and iPod. Upon his death in 2011, Steve Jobs was worth $7 billion, according to Forbes estimates. However, due to some very good estate planning, his Estate reportedly will suffer no appreciable loss to estate taxes.

We honor Mr. Jobs because he is clearly a Legacy Champ for his contributions to society and the estate planning he performed prior to his death. If you want to be a Legacy Champ in your own special way, then contact The Mendel Law Firm, L.P., for a free initial consultation on estate planning, trust planning, and/or probate issues.

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

Continuing the last blog within this three-part series, we will discuss proceeding with administration of the decedent’s estate using the Small Estate Affidavit.

Unless the decedent’s assets fall within the small estate exception, the administration process involves appointing a personal representative to administer or oversee the distribution of the decedent’s assets pursuant to his or her will. If the decedent died without a valid will, you may be able to bypass the formal estate administration process if the decedent’s estate is less than the threshold $50,000 mark. This limitation applies to nonexempt property. As such, if you apply the homestead exemption in Texas and apply exempt personal property exemptions, you can proceed using the small estate administration process if the decedent’s estate is $50,000 or less.

Because of our state’s broad homestead exemption laws, you should speak with our office regarding your rights to proceeding under the small estate exception. The decedent’s heirs will have to file a Small Estate Affidavit with the probate court and provide records or paperwork showing they are beneficiaries to the decedent’s estate. Note that you cannot use an affidavit to transfer real property ownership in most cases. Furthermore, you may be able to use informal family settlement procedures if the decedent owned only a limited amount of personal property.

Contact our office today to speak with an experienced attorney about the probate procedures in Texas.

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

Continuing this three-part blog series, we will discuss what is necessary to probate your will in Texas. After the probate court establishes the authenticity of the decedent’s will or validity, you will have to administer the will. In Texas, the estate administration occurs after a court approves the decedent’s appointed executor. If the decedent’s will failed to appoint an executor, or if the executor is unable or unwilling to serve, the probate court must appoint a personal representative to administer his or her estate. Estate administration begins with the initial probating of the decedent’s will and ends with the final distributions and payment of debts and estate taxes, if applicable.

Under Texas law, an executor or administrator may be able to administer a will by independent administration. With an independent administration, you can administer the decedent’s will free of court supervision. This means that you will be able to settle debts with creditors and distribute property to heirs without a court’s supervision or with very little supervision. A decedent can allow you to administer his or her will independently by inserting a clause into his will, which states that you can serve without posting a bond. If the decedent’s will contains the independent administration clause, after the initial probate process and inventorying the will, there is little or no other supervision from the local probate court.

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

This three-part blog series discusses the steps of probating a decedent’s will after he or she dies. If you are the decedent’s appointed executor or personal representative, you may be able to gain a cursory understanding of your probate duties during the next several months by reviewing these blog entries.

If you are the personal representative of a decedent who died intestate or without a validly written will, your duties will also include locating the decedent’s heirs. Once you locate any potential heirs, you will have to distribute the decedent’s property according to the Texas intestate succession rules.

To probate your will in Texas, you must present it to a probate court in the county or city where the decedent lived. The decedent’s domicile typically determines probate jurisdiction. You must be able to prove or establish that the decedent’s will meets the minimum statutory requirements of due execution. This means that you must be able to provide information about the two witnesses who signed the will. Unless the decedent executed a holographic or handwritten will, these two witnesses may have to provide testimony as to the decedent’s state of mind at the time he or she signed his or her will. If you have a self-proved will that complies with the Texas Probate Code, you may be able to admit it to probate without having to provide testimony from the decedent’s witnesses. Once the local court admits the will into probate, the next step is the administration of the estate.

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

Usually, inheriting real estate is a good thing. However, in today’s real estate market many homes are underwater. That means there is more debt on the home than there is equity in the home. If you inherit an underwater home, it is important that you speak to a Probate lawyer right away.

Should you choose to do nothing and inherit the property, it is likely that you will also be inheriting the debt. Obviously, leaving you with debt was not the deceased’s intent, but the possibility is a fact of life today. If you do not want to inherit the debt with the property, then you should disclaim the property in Probate Court. Disclaiming is the legal way to state that you do not want the property and refuse the inheritance. You often have a limited time to disclaim property and you must do so before you take any of the benefits of inheriting the property.

You might have sentimental or other reasons for wanting to inherit an underwater home. However, most people do not want to inherit anyone else’s debts. If you have concerns about inheriting debt, speak to an experienced Probate attorney about what you can do to protect your financial interests.

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

Harry S. Truman (1884-1972)  — 33^RD President of the United States, 1945-1953.

37% Shrinkage of the Estate

$747,648     Gross Estate 

$  90,986     Less Settlement Costs

$188,666     Less Death Taxes

$279,652     Total Costs

$467,996     Final Estate Value

Truman might have been the President of the United States, but even Presidents can fail to properly plan.  You decide.   Is a 37% loss of the Estate good planning by someone with a vast array of professionals available to assist him?

If you want to minimize the likelihood of a shrinkage of your estate, then please contact The Mendel Law Firm, L.P., for a free initial consultation on estate planning, trust planning, and/or probate issues.

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