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How to Amend a Living Trust in Texas

Posted by Chris Peterson | Jan 01, 2025 | 0 Comments

Amending a living trust in Texas ensures it stays aligned with your current wishes, whether due to life changes, financial shifts, or updates in the law. The process involves reviewing your trust, identifying necessary changes, consulting an attorney, drafting the amendment, signing and notarizing it, and securely storing the updated document. While you can amend a trust on your own, working with a Texas living trust attorney ensures compliance with state laws, avoids costly mistakes, and provides peace of mind.

How to Pick the Best Living Trust Lawyer Near Me

Posted by Chris Peterson | Dec 20, 2024 | 0 Comments

Picking the best living trust lawyer involves understanding your specific needs, researching local attorneys, and evaluating their qualifications, experience, and communication style. Focus on finding a specialized estate planning lawyer who listens to you, provides tailored advice, and has transparent pricing. By conducting consultations and comparing your options, you can make an informed decision and ensure your assets and loved ones are well-protected.

Can a Living Trust Own an S Corp?

Posted by Chris Peterson | Dec 18, 2024 | 0 Comments

A living trust can own shares in an S Corporation, but it must comply with IRS requirements to maintain the S Corp’s tax benefits. Revocable living trusts can own S Corp shares during the grantor’s lifetime, but after their death, the trust must qualify as a Qualified Subchapter S Trust (QSST) or Electing Small Business Trust (ESBT). Proper planning is crucial, especially in Texas, where community property laws may affect ownership. Following the correct steps and avoiding common mistakes ensures both compliance and protection for your business and estate.

Kids Going Away to College? Why You Should Include Estate Planning in Your Preparation

Posted by Chris Peterson | Dec 17, 2024 | 0 Comments

Preparing for college involves more than packing dorm essentials—estate planning is crucial. Once your child turns 18, you lose automatic access to their medical and financial decisions. Key documents like a FERPA release, HIPAA authorization, financial and medical powers of attorney, an advance directive, and a will ensure you can act in emergencies and respect their wishes. These tools provide peace of mind and protect your family during unforeseen situations.

How to Transfer Property into a Living Trust in Texas

Posted by Chris Peterson | Dec 16, 2024 | 0 Comments

Transferring property into a living trust in Texas is a smart way to avoid probate, protect your assets, and ensure your wishes are followed. The process involves preparing the trust with the help of an attorney, updating the property title through a new deed, recording it with the county clerk, and notifying your insurance provider and mortgage lender. Organizing all trust-related documents and keeping trustees informed ensures smooth management. Consulting a Texas estate planning attorney is crucial to avoid mistakes and guarantee the trust operates as intended.

How to Set Up a Living Trust in Texas

Posted by Chris Peterson | Dec 15, 2024 | 0 Comments

A living trust in Texas is a powerful estate planning tool that protects assets, avoids probate, and ensures privacy. Setting one up involves identifying your goals, listing assets, drafting the trust with an attorney, transferring assets into the trust, and keeping it updated. Benefits include faster asset transfer, control over distributions, and potential tax advantages. Common mistakes, like failing to fund the trust or using DIY templates, can be avoided with professional guidance. While costs vary, the investment saves your family time and stress. Consulting an experienced attorney ensures your living trust meets your needs and complies with Texas laws.

Name a Guardian for Your Minor Child Now

Posted by Chris Peterson | Dec 14, 2024 | 0 Comments

Naming a guardian for your minor children ensures they are cared for by someone you trust if the unexpected happens. Without a named guardian, a judge—who doesn’t know your family—will decide, which could lead to undesirable outcomes, including foster care. Consider factors like the guardian’s relationship with your child, parenting style, values, location, and emotional readiness. Discuss the responsibility with potential candidates and plan for your child’s financial needs through life insurance or assets. While this decision can feel overwhelming, it’s a critical step in protecting your child’s future.

Happy 18th Birthday! What's Next?

Posted by Chris Peterson | Dec 13, 2024 | 0 Comments

Turning 18 brings new legal responsibilities and independence, requiring you to make important decisions about your medical care, financial management, and assets. As an adult, you must authorize who can access your medical records, handle decisions if you're incapacitated, and manage your finances. Preparing documents like a HIPAA authorization, medical power of attorney, and durable financial power of attorney ensures your wishes are honored. Additionally, creating a will or trust lets you decide how to distribute your belongings. Meeting with an estate planning attorney can help you confidently navigate this new chapter.

How to Apply for Medicaid

Posted by Chris Peterson | Dec 12, 2024 | 0 Comments

How to Apply for Medicaid Medicaid is an assistance program funded through both the federal and state governments and managed by the individual state. A recipient of Medicaid in one state, therefore, may find a difference in qualification requirements when they move to Texas. A Conroe eld...

Challenging a Will

Posted by Chris Peterson | Dec 12, 2024 | 0 Comments

Generally speaking, it is very difficult to successfully challenge a will. Only about 1% of wills become tied up in probate because of a legal challenge to their validity. Since the decedent is not alive to state his intentions regarding distribution of the estate, th...

Michael Jackson’s Estate Finalizes $600 Million Music Sale to Sony

Posted by Chris Peterson | Dec 12, 2024 | 0 Comments

Michael Jackson’s estate finalized a $600 million music rights sale to Sony after a lengthy legal battle. The case underscores the importance of proper estate planning, including having a valid will, funding trusts during one’s lifetime, and granting executors broad management powers. While Jackson’s estate included both a revocable trust and a pour-over will, the unfunded trust led to public probate disputes. The case offers valuable lessons on ensuring that an estate plan reflects personal wishes while minimizing legal challenges.

Four Steps to Stop Mail Addressed to a Deceased Person

Posted by Chris Peterson | Dec 11, 2024 | 0 Comments

Managing a deceased person’s mail is an important part of settling their affairs. Start by notifying the post office, forwarding their mail, and registering them on the Deceased Do Not Contact List to reduce junk mail. Cancel subscriptions directly with organizations and return mail marked as “Deceased, Return to Sender” to stop future deliveries. Always handle mail legally, and seek professional help if you need assistance with estate administration.

Be Careful Relying on Life Insurance to Provide for Loved Ones

Posted by Chris Peterson | Dec 10, 2024 | 0 Comments

Life insurance provides financial security for loved ones, offering tax-free payouts to cover expenses, replace income, and fund trusts. However, it’s essential to understand policy types, exclusions, and tax implications to ensure beneficiaries receive the intended benefits. Properly designating beneficiaries and integrating life insurance into an estate plan can prevent complications, cover debts or taxes, and provide peace of mind.

Is Estate Planning the Same as a Will?

Posted by Chris Peterson | Dec 09, 2024 | 0 Comments

Estate planning and a will are not the same, but they complement each other. A will specifies who inherits your assets after death, while estate planning is a comprehensive strategy that includes a will, trusts, powers of attorney, and more to manage your assets during your life and after. Estate planning also addresses incapacity and helps avoid probate, saving time and money for your heirs. Together, they ensure your wishes are carried out and your loved ones are protected.

What Happens to a Living Trust After Death?

Posted by Chris Peterson | Dec 07, 2024 | 0 Comments

A living trust ensures your assets are managed and distributed according to your wishes after death while avoiding the delays and costs of probate. Upon passing, the trust becomes irrevocable, and the successor trustee steps in to handle debts, taxes, and asset distribution. This process keeps financial matters private and protects beneficiaries, especially in Texas. Working with an estate planning attorney ensures your trust is clear, legally compliant, and updated to meet your needs, offering peace of mind for you and your family.

How to Bring Up Conversations About Estate Planning

Posted by Chris Peterson | Dec 06, 2024 | 0 Comments

Starting conversations about estate planning can feel awkward, but it’s a vital step to protect your family and ensure your wishes are followed. This article offers practical tips for approaching the topic, from choosing the right time and setting to addressing common concerns and misconceptions. It highlights the importance of creating a plan, Texas-specific legal considerations, and the value of working with an estate planning attorney. By starting the discussion early, you can provide clarity, avoid future disputes, and create peace of mind for everyone involved.

Can You Use a Special Needs Trust for Medicaid?

Posted by Chris Peterson | Nov 30, 2024 | 0 Comments

A Special Needs Trust (SNT) helps individuals with disabilities maintain Medicaid eligibility by holding assets outside of their countable resources. There are different types of SNTs, including First-Party, Third-Party, and Pooled Trusts, each serving unique needs. These trusts cover expenses Medicaid doesn’t, like therapies, education, or recreation, while safeguarding government benefits. Setting up an SNT requires careful planning with an estate planning attorney to ensure compliance with Texas and federal laws, making it a valuable tool for protecting your loved one’s financial future.

What Is a First-Party Special Needs Trust?

Posted by Chris Peterson | Nov 29, 2024 | 0 Comments

A First-Party Special Needs Trust is a legal tool that allows individuals with disabilities to protect their own assets, such as settlements or inheritances, while maintaining eligibility for government benefits like Medicaid and SSI. These trusts, managed by a trustee, can fund various expenses that enhance the beneficiary’s quality of life without affecting their benefits. In Texas, setting up a trust requires careful planning and legal guidance to ensure compliance with state and federal rules, including Medicaid payback after the beneficiary’s passing.

How Does Estate Planning Protect Assets?

Posted by Chris Peterson | Nov 28, 2024 | 0 Comments

Estate planning protects your assets from taxes, creditors, lawsuits, and probate while ensuring a smooth transfer to your loved ones. In Texas, tools like living trusts, homestead exemptions, LLCs, and irrevocable trusts provide strong safeguards. Proper planning also minimizes taxes and prepares for unexpected events like incapacity or long-term care. Working with a Texas estate planning attorney ensures your plan complies with state laws and secures your legacy for the future.

How Much Does a Living Trust Cost in Texas?

Posted by Chris Peterson | Nov 27, 2024 | 0 Comments

Creating a living trust in Texas typically costs between $2,500 and $5,000 when working with an attorney, with additional fees for notary services, asset transfers, and updates. While DIY options are cheaper, hiring a living trust attorney ensures your trust complies with Texas law and meets your unique needs. A living trust helps avoid probate, provides privacy, and secures your family’s future, making it a worthwhile investment for many Texans.

How to Create a Living Trust in Texas

Posted by Chris Peterson | Nov 26, 2024 | 0 Comments

Creating a living trust in Texas can protect your assets, avoid probate, and make life easier for your loved ones. This guide walks you through the steps, explains the benefits, and helps you avoid common mistakes. Whether you own property, investments, or a small business, a living trust may be ...

Can a Living Trust Be Contested?

Posted by Chris Peterson | Nov 25, 2024 | 0 Comments

Creating a living trust is often seen as a way to avoid family disputes and streamline estate planning. However, while living trusts are harder to contest than wills, they are not immune to challenges. If you're wondering whether a living trust can be contested, the answer is yes—but it's not eas...

How Much Does It Cost to Set Up a Living Trust?

Posted by Chris Peterson | Nov 24, 2024 | 0 Comments

Setting up a living trust is an essential step in estate planning. Many Texans wonder how much it costs and whether it's worth it. With flat-fee pricing, the process can be clear and straightforward, giving individuals and families peace of mind without surprises. Here's everything to know about ...

Does a Living Trust Need to Be Recorded in Texas?

Posted by Chris Peterson | Nov 23, 2024 | 0 Comments

If you're considering a living trust, you might wonder whether it needs to be recorded in Texas. The short answer? No, living trusts are private documents and don't need to be recorded. However, there's more to the story, and understanding the details can help you make informed decisions about yo...

How Does a Living Trust Survive Death?

Posted by Chris Peterson | Nov 22, 2024 | 0 Comments

A living trust is one of the most effective tools in estate planning. It helps ensure your assets go where you want, without the headaches of probate. But what happens to a living trust when you pass away? Let's break it down step by step so you know exactly how a living trust survives death. Wh...

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