To make a valid will, the testator must be of sufficient age and sound mind aka testamentary capacity. When someone executes a will, he or she must have "testamentary capacity," meaning the mental capacity to understand the nature of the act. Without testamentary capacity to make a will, the will could be found invalid in [...]
Property ownership is an integral part of the American dream. Ownership of property has historically included the cone from the center of the earth to outer-space. You can survey your property and proudly declare that this expanse of land is yours. Legally, ownership of that expanse of land is known as the surface rights estate, [...]
Your estate is comprised of all that you own, minus outstanding debts. Any debts that you incurred during your lifetime become the responsibility of your estate or your family at your passing. Repayment of outstanding debts, and the distribution of your estate, are handled during the probate process. The executor of your estate (a person [...]
Premarital or prenuptial agreements are a common part of marriage and divorce these days. A prenup may be a good idea when one spouse is remarrying or brings significant property or debt into the marriage. As a general rule, a premarital agreement is enforceable under Texas law. Of course, every rule has its exceptions. [...]
There may come a time when your elderly parent or vulnerable relative needs some additional help with his or her affairs. To ensure that your loved one is best protected, it is crucial to keep an eye on the early warning signs that indicate there might be a problem. Below, our top rated Dallas estate [...]
In the state of Texas, the terms guardianship and conservatorship are not interchangeable: Conservatorships are related to children and their parents. Guardianships are caregivers for adults who have become incapacitated, and children whose parents are deceased. Conservatorship Part of Parenting Plan Since 2005, all divorce decrees involving children must include a parenting plan. In a [...]
Charitable Remainder Trusts: Support for You and Your Favorite Charities Being a smart investor also includes proactive estate planning. When the time comes, we want to leave a legacy of support for our family and for our community. However, we don’t want our legacy to be unduly diminished by taxation. What Is A Charitable Remainder [...]
Boundary disputes are commonly thought of as part of the realm of residential real estate, but they’re every bit as common in commercial real estate. Many, if not most, commercial real estate boundary disputes involve access to buildings, such as driveways, parking lots or sidewalks. If a landowner owns a driveway that other buildings must [...]
Review Your Estate Plan for an Out-of-State Move If you are planning a move out of state, you will have plenty to plan for—getting everything packed up, cancelling utilities, getting your family situated in the new home, etc. One item that you may not consider right away is your estate plan, including your will, asset [...]
Legal Documents Every College Student Needs Tell a college student that they should be thinking about something other than grades, parties or football games, and you might get a blank stare. But in the event a student suffers a devastating injury, illness or death, it’s important that they have the following legal documents in place [...]
