An oral will is a nuncupative will. In many states, nuncupative wills are invalid or strictly construed. Typically, in states that acknowledge oral or nuncupative wills, testators must create them as their final acts before death. Commonly known as a dying deathbed exception to the typical requirement that a will is valid only if in writing, oral wills may be valid in Texas. Texas law limits the use of nuncupative wills to those who are dying on their deathbeds or at war. In Texas, a nuncupative … [Read more...] about Nuncupative or Oral Wills in Texas: Part 1 of 3
Probate Procedures in Texas: Part 3 of 3
A validly created will is one without evidence of mental duress, incapacity or fraud. This means that in addition to being mentally competent to draft your will, you must not have been coerced or pressured into making it. If someone threatened physical violence or blackmailed you into creating certain provisions within your will, your will is invalid under the duress prohibition. Texas law requires probate of your will within four years of your death. Unless you comply with the requirements of … [Read more...] about Probate Procedures in Texas: Part 3 of 3
Probate Procedures in Texas: Part 2 of 3
As recommended by the Texas Bar Association, although you may be able to draft your own will, an experienced lawyer should help you draft it, since your will controls the disposition of your assets when you die. Furthermore, a probate attorney can help you comply with the testamentary requirements to draft a legally binding will and can help your estate from expending money on probate issues you could have avoided with proper legal advice. If a probate court determines that your will is … [Read more...] about Probate Procedures in Texas: Part 2 of 3
Probate Procedures in Texas: Part 1 of 3
State laws govern the legal requirements necessary for drafting valid wills. In Texas, residents can draft three types of wills, and each type has its own set of legal requirements. Generally, as a Texan, you can create an oral will, a typewritten will or a holographic or handwritten will. Although each type is different, you must meet the general legal requirements to create a valid will pursuant to the Texas Probate Code. To create a will in Texas, you must be at least 18 years old or be … [Read more...] about Probate Procedures in Texas: Part 1 of 3
Architectural Continuing Education
On December 16, 2012, Stephen A. Mendel served as a continuing education instructor on Legal Issues for Texas Architects. Mr. Mendel's presentation covered Compliance with the Rules & Regulations on the Practice of Architecture, and Complying with the Texas Standards of Professional Conduct. The educational topics included, but were not necessarily limited to, ensuring competence, avoiding reckless and dishonest practice, avoiding conflicts of interest, preventing the unauthorized practice … [Read more...] about Architectural Continuing Education
Common Law Marriage and Estate Planning
When it comes to marriage, relationships and the legal status of people who have been living together as a couple, the term “common law marriage” is often used. Common law marriages are recognized in a minority of states, though there is a lot of misinformation about how couples enter into this form of marriage. You should consult an attorney in your state if you need advice about common law marriages and how they affect estate planning concerns. Contrary to popular belief, you cannot enter … [Read more...] about Common Law Marriage and Estate Planning
Estate Planning and the Single Parent
If you are a single parent, your need to create an effective estate plan as soon as possible is even greater than that of non-single parent's. As a single parent, the prospect of dying and leaving your child without adequate protection can keep you awake at nights. A single parent's estate plan should take into consideration several key factors to ensure you ensure your child's well being after you die. It's important to distinguish between different single parent situations. If you're a … [Read more...] about Estate Planning and the Single Parent
Who Gets My Property If I Die Without a Will?
If you're considering what happens to your property after you die, it's important to know that unless you take adequate steps now, your property may pass to those whom you do not wish to receive it. In some instances, the failure to create a last will and testament or other estate planning device can even lead to the state government inheriting your property. If you create a will, you get to determine who receives your property. You can choose anyone you wish, and are under no obligations to … [Read more...] about Who Gets My Property If I Die Without a Will?
Estate Planning & Asset Protection
Are you interested in pursuing asset protection planning for your estate, your assets and your properties? There tends to be a lot of controversy surrounding the topic of asset protection, and with good reason. Do you have assets and properties you wish to protect during your estate planning process? Have you read about asset protection plans that were not created correctly, and are now concerned regarding if you should put one into place? This is not an uncommon concern and, I can assure … [Read more...] about Estate Planning & Asset Protection
Estate Planning & Asset Protection
Are you interested in pursuing asset protection planning for your estate, your assets and your properties? There tends to be a lot of controversy surrounding the topic of asset protection, and with good reason. Do you have assets and properties you wish to protect during your estate planning process? Have you read about asset protection plans that were not created correctly, and are now concerned regarding if you should put one into place? This is not an uncommon concern and, I can assure … [Read more...] about Estate Planning & Asset Protection
