Texas Probate Blog

The Wright Firm, LLP

Dallas Probate Attorney: WHAT ABOUT FLUFFY?

Posted on | August 15, 2011 | No Comments

If you are a pet owner, like me, you more than likely consider your pet (whether dog, cat, bird, or even lizard) as a dearly loved family member. So then why do so many of us forget about them when it comes time to draft our wills?

I first became aware of the concept of a “pet trust” in my law school wills and trusts class. My professor, who was unique to say the least, told us that she had left everything she owned to the Texas A&M Veterinary School in trust for her two cats. She designated every aspect of how she wished her cats to be taken care of after her death, including: feeding times and what they ate; how many hours of the day they should be played with; and even what toys they should be given. She also apportioned an amount for everyday living expenses for the cats, as well as for medical expenses in case they became sick.

My professor may have been a little extreme in the creation of her pet trust, but her cats were her everything. If you have pets that you love, it is a good idea to make sure they are going to be adequately cared for if you become incapacitated or die. Losing an owner can be a traumatic experience for an animal, so it is important that you make the transition as smooth as possible for your pet.  Just as you would for your children, you can designate a person that you know loves your pet and would treat them well. You can also make sure they are properly taken care of by designating certain funds for their well-being.

Our pets love us unconditionally, so why not make sure they are loved long after we are gone. If you would like to have the peace of mind that your pets are going to be taken care of in the future, please call the Wright Firm, LLP to discuss how to incorporate a pet trust in your will or intervivos trust.

If you need information regarding a Texas Probate or Estate Planning issue contact The Wright Firm, L.L.P. at 972-353-4600 or visit our website at www.thewrightlawyers.com.

 

DALLAS PROBATE ATTORNEY: WHAT IS A POWER OF ATTORNEY?

Posted on | August 7, 2011 | No Comments

A power of attorney is a document that one enters into to grant specific decision making rights to a trusted love one or friend. There are two types of power of attorneys, durable and nondurable. The most widely used is the durable power of attorney, which does not terminate upon the disability or incapacitation of the grantor. The person granting the power of attorney can select that the attorney-in-fact make all general decisions regarding his or her finances, property, business or legal affairs;  or the grantor can limit the power of attorney to one specific transaction after which the power of attorney will terminate.

One can also grant a medical power of attorney that grants the attorney-in-fact the right to make important medical decisions in the event that the grantor becomes unconscious or incapacitated and therefore is unable make those decisions on their own.

Both a power of attorney and a medical power of attorney are useful tools in the estate planning process. They allow you to choose someone you trust to make important decisions for you when you are unable to make those decisions yourself. If you would like to set up a power of attorney or medical power of attorney, please contact The Wright Firm today at 972-353-4600 and speak to a Dallas Probate Attorney or visit us on the web at www.thewrightlawyers.com 

Texas Elder Law: PROTECTING YOUR ELDERLY PARENTS AT HOME

Posted on | July 30, 2011 | No Comments

In the 90’s, one of the most recognizable commercial catch phrases, besides “clap on, clap off” was “I’ve  fallen and I can’t get up.” The slogan gained popularity and became widely used in many comedic situations, including a Saturday Night Live skit. Although the overly dramatized commercial is seen as humorous to many, the real life danger of an elderly person taking a spill is an all too often occurrence that can be deadly.

According to Colorado State University, falls are reported by one-third of all people 65 or older each year; two thirds of those who fall will fall again within six months. Additionally, falls are the leading cause of death by injury in people over the age of 65. At least one-third of all elderly falls are caused by environmental hazards.

Thankfully, many of the falls that are caused by environmental hazards can be prevented. In order to eliminate the most risk, it is important to pay attention to your parents mental and physical condition and note what daily activities are giving them problems. It is also important to visit often and at random times to evaluate the potential hazards your loved one faces everyday  in their home.  Once you have evaluated the problem areas, Colorado State University suggests taking the following preventative measures, among others:

Outdoors

  • Repair cracks and abrupt edges of sidewalks and driveways.
  • Install handrails on stairs and steps.
  • Remove high doorway thresholds Trim shrubbery along the pathway to the home.
  • Keep walk areas clear of clutter, rocks and tools.
  • Keep walk areas clear of snow and ice.
  • Install adequate lighting by doorways and along walkways leading to doors.

All Living Spaces

  • Use a change in color to denote changes in surface types or levels.
  • Secure rugs with nonskid tape as well as carpet edges.
  • Avoid throw rugs.
  • Remove oversized furniture and objects.
  • Have at least one phone extension in each level of the home and post. emergency numbers at each phone.
  • Add electrical outlets.
  • Reduce clutter.
  • Check lighting for adequate illumination and glare control.
  • Maintain nightlights or motion-sensitive lighting throughout home.
  • Use contrast in paint, furniture and carpet colors.
  • Install electronic emergency response system if needed.

 

Bathrooms

  • Install grab bars on walls around the tub and beside the toilet, strong enough to hold your weight.
  • Add nonskid mats or appliques to bathtubs.
  • Mount liquid soap dispenser on the bathtub-wall.
  • Install a portable, hand-held shower head.
  • Add a padded bath or shower seat.
  • Install a raised toilet seat if needed.
  • Use nonskid mats or carpet on floor surfaces that may get wet.

Bedroom

  • Put in a bedside light with a switch that is easy to turn on and off (or a touch lamp).
  • Have a nightlight.
  • Locate telephone within reach of bed.
  • Adjust height of bed to make it easy to get in and out of.
  • Have a firm chair, with arms, to sit and dress.

Stairways, Hallways and Pathways

  • Keep free of clutter
  • Make sure carpet is secured and get rid of throw rugs.
  • Install tightly fastened hand rails running the entire length and along both sides of stairs.
  • Handrails should be 34 inches high and have a diameter of about 1.5 inches.
  • Apply brightly colored tape to the face of the steps to make them more visible.
  • Optimal stair dimensions are 7.2 inch riser heights with either an 11 or 12 inch tread width.
  • Have adequate lighting in stairways, hallways and pathways, with light switches placed at each end.

As stated in the referenced commercial, alert systems and alarm monitoring services are a good way to keep the family or medical emergency services alerted in case of a fall or sudden health issue. Finally, speak to your loved one’s neighbors and keep them informed of your loved one’s current health status. Ask them to check-in with your loved one every so often, especially if they have not noticed any recent activity lately.

Our parents and grandparents are living longer these days and therefore the threat of one of them being injured in a fall is increasing. They took care of us when we were small children and now it is our time to return the favor by making sure their homes are happy and safe.

 

For questions about Texas law affecting seniors, wills, or probate and estate administration contact The Wright Firm, L.L.P. at 972-353-4600 or visit our website at www.thewrightlawyers.com.

DALLAS PROBATE ATTORNEY: WHAT IS A LIVING TRUST?

Posted on | July 12, 2011 | No Comments

A living trust is a commonly used estate-planning tool that transfers real and personal property in to a trust while the grantor is living in order to avoid probate, reduce estate taxes and manage property. Living trusts are created by a document called a Trust Agreement, which sets forth who the trustee and beneficiaries are to the trust. Specifically, a living trust is desirable because it allows a grantor to transfer all his or her assets into the trust for the named trust beneficiaries, but also allows the person, as trustee, to control those assets for the duration of his or her lifetime.  If the trust owns all property of the grantor at the time of the grantors death, probate is unnecessary.

Living trusts are usually accompanied by a last will and testament, which is called a pour-over will. The pour-over will acts as a catch-all for all of the property that was not put into the living trust during the grantor’s lifetime. Once probated, the pour-over will transfers all of the remaining property into the trust for the benefit of the named beneficiaries.

Living trusts and pour-over wills are inherently related and are therefore drafted together. If you would like to speak to a professional about drafting a living trust, please contact The Wright Firm and one of our Dallas Probate Attorney’s today at 972-353-4600 or visit our website at www.thewrightlawyers.com.

Denton Texas Wills for Heroes!

Posted on | July 1, 2011 | No Comments

Denton Texas Wills for Heroes!: Believe it or not – lawyers (and legal assistants) DO have hearts!  And this year attorneys and paralegals around Denton County are donating their time to show some love for local heroes.

This month the Denton County Bar Association is sponsoring the “Wills for Heroes” event.   Local attorneys and paralegals will be preparing wills, directives to physicians, and powers of attorney for the Heroes and the spouses of those who serve our community – all free of charge.  The Heroes for this year’s event are the men and women who work in Denton County fire departments.

Registration to participate closes today, July 1, 2011.  By July 8th each registered participant will be contacted by an attorney assigned to prepare the participant’s wills and other legal documents. The attorney will talk with the participant about the different aspects of wills and ask questions to help him or her prepare the participant’s documents.

Saturday July 16, 2011, will be the “signing day” at the Denton Fire Department. The Wright Firm is proud to announce that two of our paralegals, Marguerite Alba and Allison Martin, will be there with notary stamp in hand helping out our local heroes!

If you need help making or updating your will, medical directives, or other estate planning documents, The Wright Firm is here to help! Give us a call at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com.

 

TEXAS PROBATE ATTORNEY: IF I DIE WITHOUT A WILL WHAT’S THE BIG DEAL, EVERYTHING GOES TO MY SPOUSE, RIGHT?

Posted on | June 18, 2011 | No Comments

Because Texas is a community property state, It is a common misconception that if a decedent dies without a will (“intestate”), his or her entire estate will pass automatically to his or her surviving spouse. This does not always hold true.

Sections 38, 43 and 45 of the Texas Probate Code dictate the intestate distribution scheme in Texas. Section 43 sets forth the distribution when a person dies intestate leaving a husband or wife. It specifically states that when a person dies without a will and leaves a surviving spouse, the community estate is divided accordingly:

  1. If the married intestate has no surviving descendants, then all community property is now owned by the surviving spouse. The surviving spouse (a) retains the one-half of the community property that the surviving spouse owned once the marriage was dissolved by death, and (2) inherits the deceased spouse’s one-half of the community.
  2. Community property is distributed as follows if the married intestate has at least one child or other descendant.
    1. No Non-Spousal Descendants—If all of the deceased spouse’s surviving descendants are also descendants of the surviving spouse, then the surviving spouse will own all of the community property, that is, the surviving spouse retains his or her one-half of the community and inherits the other half.
    2. Non-Spousal Descendants—If any of the deceased spouse’s surviving descendants are not also descendants of the surviving spouse, then the community property is divided. The surviving spouse retains one-half of the community property, that is, the one-half the surviving spouse already owned by virtue of it being community property. The descendants of the deceased spouse inherit the deceased spouse’s one-half of the community property.

Separate property of the decedent is divided differently, however. Pursuant to Section 38(b) of the Texas Probate Code, when a person dies without a will and lives a surviving spouse, the separate property is divided accordingly:

  1. If the married spouse has surviving descendants, the surviving spouse receives one-third of the deceased spouse’s separate personal property with the remaining two-thirds passing to the descendant’s children. In regards to real property, the surviving spouse receives a life estate in one-third of the deceased spouse’s separate real property. The remainder interest passes the deceased spouse’s children.
  2. If the married spouse has no surviving descendants, all separate personal property passes to the surviving spouse. However, if there are no descendants, but there are surviving parents, siblings, or descendants of siblings, the surviving spouse inherits one-half of the separate real property outright with the remaining one-half passing to the parents, siblings, and descendants of siblings.

 

Since your half-siblings are not children of both your mother and father, their shares will be half of what you and your full siblings shares will be.

In order to insure that your assets and family are fully protected in the event of a tragedy, please contact The Wright Firm, LLP for all your estate planning needs contact the firm at 972-353-4600 or visit our website at www.thewrightlawyers.com.

 

The Small Texas Estate

Posted on | June 5, 2011 | No Comments

Frequently, we encounter situations where people pass away without a will, but with a small estate that still needs to be settled.  The Texas Probate Code provides a mechanism for this situation called a Small Estate Affidavit.  In this situation, the heirs of a decedent who dies without a will quite simply file an affidavit with the court which then entitles them to receive their share of the estate, to the extent that the assets of the estate (exclusive of homestead and exempt property) exceed the known liabilities of the estate (without regard to liabilities secured by the homestead and exempt property).

 

Although the procedure is simple, several conditions must exist in order to utilize this mechanism.  First, no application for the appointment of a personal representative can be pending, or have been granted.  Second, thirty days must have elapsed since the decedent died.  Third, the entire value of the estate, not including homestead property and exempt property must not exceed  $50,000.00.  Finally, the affidavit must be sworn to by two disinterested witnesses and the affidavit must include a list of all the known assets and liabilities of the estate, the names and addresses of the distributes and their right to receive a share of the estate.  A filing fee must also be paid.

 

We frequently assist in the resolution of small estates in addition to assisting with probate and estate administration with moderate and taxable estates as well as probate litigation. If you need additional information on Texas Probate, contact The Wright Firm, L.L.P. at 972-353-4600 or visit our website at www.thewrightlawyers.com

 

What Happens If You Die Without a Will in Texas?

Posted on | June 5, 2011 | No Comments

The State of Texas doesn’t take the property of someone dying without a Will. So, what are the results in Texas if you don’t have a Will. In Texas, the law dictates the way the assets of somebody dying without a Will are divided upon their death.
Should you die without a Will in Texas, you are said to have died intestate. Whenever someone dies intestate, Texas law determines the way the estate is going to be distributed by the Texas Probate Code. According to the Probate Code, the law draws a difference between separate and community property. The Probate Code defines separate property as any property owned by the deceased prior to being married and any property given to the deceased throughout their marriage or obtained by them such as an inheritance from another person. The Probate Code specifies community property as all property acquired or acquired throughout the marriage, other than property acquired by gift or inheritance. Texas law requires different divisions of separate property and community property depending on certain factors.


1. Married with Children. If
all of your children are also the children of one’s current spouse, in that case your spouse will inherit your entire community property. Your children will inherit a two-thirds interest in each and every item of your separate property. The remainder one-third of each item of separate property will go to your spouse, but if the item is real estate, it returns to your children upon the death of your spouse.
For those who have children from a previous marriage, your children will inherit your entire half of the community property. Your wife or husband will keep her or his half of the community property. Your separate property will be distributed exactly the same way as in the previous paragraph.

2. No Spouse but Children. If someone dies without a spouse, but is survived by all of the children born to him or her during life, in that scenario, all of the property is divided equally between the children.

3. Spouse but No Children. If you don’t have any children, your spouse will inherit your entire community property. The spouse is entitled to the entire personal property and to one-half of the land of the Estate. The other half of the land would go to the father and mother of the deceased in equal portions. If only one parent survived the deceased, then that share of the land will be divided into equal portions, one passing to the surviving parent, and the other passing to the siblings of the deceased. If there have been no siblings, the complete share would pass to the parent. If no parent survived the deceased, and there were siblings, the entire share would pass to the siblings.

4. No Spouse or Children. Where an individual dies with no spouse and without children, the foregoing apply:

1. If both parents survive the decedent, then his or her estate passes to his father and mother, in equal portions;
2. If
just one parent survives the deceased, then his or her estate is going to be divided into two equal portions, one of these will pass to the surviving parent, additionally , the other passes to the siblings of the deceased;
3.
Having said that, if the decedent had no siblings, then all the separate property would pass to the sole surviving parent;
4.
On the other hand, if neither parent is alive, but there are surviving siblings, then the whole estate passes to the siblings of the deceased;
5.
Last of all, when there is no parent or sibling alive at the time of death of the decedent, the inheritance is split into two equal parts. One part is passed to the paternal kindred, and the other is passed to the maternal kindred, in the following msnner:
(a) To the grandfather and grandmother equal portions if
both of them are living;
(b) If
only one grandparent is living then the estate is split up into two equal parts an one part goes to the surviving grandparent and the other would go to the descendant or descendants of such deceased grandparent;
(c) If
there is no surviving grandparent, then the whole of the estate would go to the descendants, and so forth without end, passing in like manner to the closest lineal ancestors and their descendants, but never to the State of Texas;

If you find yourself having a family member who dies with no Will, understand that should you or a family member die with no Will, the State of Texas doesn’t get your property, however the Texas Probate Code decides who does. However, it is important to contact a probate attorney that may help you figure out how the estate will be divided. Contact The Wright Firm, L.L.P. at (972) 353-4600 or at www.thewrightlawyers.com if you have questions about this article or if you find your family in this situation.

 

Take care of your RX

Posted on | June 5, 2011 | No Comments

The Texas Health and Safety code has made it illegal to among other things possess controlled substances without a proper prescription.  These controlled substances are divided up into Schedules and subsequently Penalty groups based upon their chemical compounds and the result or affect of the controlled substance on the human body.  The most common mistake people make when they are charged with Possession of a Controlled substance is that the medication was not kept in a proper prescription bottle. Gone are the days where you should be driving around in your car with your weekly pill box loaded with medication or even the cute, decorative pill boxes that remind us of our great-grandparents.  The saying you “beat the rap but not the ride” becomes important here.  While you may have a valid prescription for all of the medications that you have in your pill box and in your possession if you are stopped it is likely that you will be detained or even arrested if an officer finds these controlled substances in your possession without proof of valid prescription. You may later be able to provide proof of the prescriptions but again this opportunity will likely come after you’ve been detained, arrested, or even charged. The lesson here is always carry your medications in there proper prescription bottles and never let someone else hold them for you.  You could be facing charged otherwise.

If you find yourself in this situation, contact one of our Denton, Dallas, or Lewisville Criminal Lawyers. This post has been brought to you by The Wright Firm, L.L.P.  If you have questions, contact our office at 972-353-4600 or reach us by the web at www.thewrightlawyers.com.

 

Medical Power of Attorney

Posted on | May 10, 2011 | No Comments

I frequently advise clients regarding the use of a medical power of attorney. I generally refer to this document as a disability document (i.e., what if you are disabled and can not make health care decisions).  Generally, if you are married, the physicans are going to consult with your spouse regarding medical decisions.  However, what if you are not married, or don’t have family who can make decisions for you? 

This legal form allows you to designate an agent to make health care decisions for you.  Unlike a business or durable power of attorney, the medical power of attorney is only effective if you are unable to make health care decisions yourself.

The medical power of attorney also allows you to express your desires regarding the use of life support.  However, I generally recommend that clients also execute a Directive to Physicians and Family or Surrogates (also known as a “Living Will”).

Its really a simple document to prepare and we recommend them during every estate planning consultation.  I also recommend that if a client already has a medical power of attorney that they review the selection of agent every few years.

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