Probate and Estate Planning Columns | Paul Premack Express News

Log-in to Client Portal

Book Your Appointment

Paul Premack's legal column appears in these Hearst Newspapers:

San Antonio Express News ☼ Houston Chronicle ☼ San Francisco Chronicle
Plainview Daily ☼ Seattle Post-Intelligencer ☼ Beaumont Enterprise
Midland Reporter-Telegram ☼ Laredo Morning Times

Click to Subscribe

Minor intestate heirs pose expensive problems

Jul 31, 2018

Minor intestate heirs pose expensive problems

This column first appeared in the San Antonio Express-News on May 11, 2018. Dear Mr. Premack: I want to help my family. We have never had anyone divorce in our family. Then my son’s wife divorced my son. She kept their two young children. I get along with the grandchildren just fine. It’s bad because the ex-daughter in law is causing trouble. It gets worse because my son just died. And worse, he had no Will. There is a small estate. I do see from this mess that my wife and I

Can I Force my Nephew to Divorce for an Inheritance?

Dec 11, 2015

Can I Force my Nephew to Divorce for an Inheritance?

This column first appeared in the San Antonio Express News on November 20, 2015. Dear Mr. Premack: My husband and I always liked our nephew. We have no children of our own, and have our nephew inheriting in our current Estate Plan. However, he just married a woman neither of us likes. Is it legal to update our estate plan to say our nephew can inherit only if he divorces this woman and never sees her again? PD You raise some interesting questions. The fact is that your assets

During Divorce, Who Controls Funeral Plans?

Sep 30, 2015

During Divorce, Who Controls Funeral Plans?

This column first appeared in the San Antonio Express-News on September 29, 2015. First, have you and your husband tried marriage counseling? Leaving a marriage of 45 years is in itself traumatic, but will have far reaching financial and emotional impact. Counseling may help. Further, since your husband is partially motivated by his interpretation of religious text, it may help to talk with his pastor. If your husband’s perception of religious restrictions is inaccurate withi

Oct 15, 2013

Mortgages, Survivorship Rights and Divorces

Dear Mr. Premack: My husband owned a home before we got married. After we married and began to live there together, he refinanced the home. During the refinance, I was added to the “Deed of Trust” by the bank, but not the mortgage or the recorded title deed. Does being on the ʺDeed of Trustʺ create community property? If it does not create community property, does my husband have to record a new deed with the county, adding me to the deed as well? We want to set up a Communit

Apr 30, 2013

How does Divorce Affect Gifts Made in Trust?

Dear Mr. Premack: My mother was widowed for many years. During that time, she created a revocable trust to hold her property. A few years later, she got married and eventually changed the trust to give some money to her husband’s children if she were to die. That marriage ended in divorce, but she remained close to one of her stepdaughters (but not the other stepchildren). Now mother is in a nursing home and we fear she may die in the next year. My question is: are all the st

What effect does Divorce have on Will and POAs?

Apr 30, 2012

What effect does Divorce have on Will and POAs?

Dear Mr. Premack: My husband and I have just divorced after an 8-year long second marriage. We each have children from our first marriages. While we were married, we made Wills that left everything to each other. Then our Wills said that if we died together in an accident or something, everything would go half to his kids and half to my kids. The court divorce decree left us as co-owners of the house we lived in, and though we have it listed for sale, in this economy it is ta

Mar 19, 2012

Support Payments Are Taxable Income

Dear Mr. Premack: After nearly forty years, I am recently divorced. Part of the divorce agreement was that my (now) ex-husband has to pay support to me. Does that support have to be included in my income? — VF I would suggest you ask your accountant, but Federal law states that routine support payments received pursuant to a divorce decree are taxable to the recipient, and deductible by the payor. Further, there are Federal tax rules that require the payments to be in cash or

Apr 17, 2010

Divorce for Medicaid Isn’t Necessarily Your Best Option

Dear Mr. Premack: My wife and I own our home and have savings of about $360,000. She has long-term care insurance. I am 7 years older and cannot qualify for the insurance due to health troubles. Should I need long term care, I don’t want her to lose everything. I’ve read that if I were to make her the sole owner of all financial assets by getting a divorce, I could qualify for Medicaid, and she would have all the assets. Is a divorce our best bet? – PW Divorce for Medicaid is

May 11, 1990

Divorce Invalidates Certain Will Provisions

Dear Mr. Premack: I was divorced from my husband in 1985. When we got divorced, our house was left in both our names but only I lived there. His 1965 Will named me as heir and executrix. He died in 1988. Now someone claiming that my husband owed him money has gone to Probate Court. Doesn’t my ex-husband’s will protect me? – S.L. Your former husband may have believed that his 1965 will could protect you, but it does not. Under the Texas Probate Code, when you get divorced any