This column first appeared in the San Antonio Express News and other Hearst Newspapers on December 28, 2018. Land ownership can be complex, with issues of maintenance, taxes, sharing the use and enjoyment, and ultimately determining who will receive the land when you die. For some, that is a simple decision. But for those who have heirloom land and a desire to pass it on to more than one future generation, the choices can be more complex. If you simply devise the land to your

This column first appeared in the San Antonio Express News on April 27, 2018 Pets are vitally important in the lives of their caretakers. Your animal companions add a unique dimension to your lives, so your desire to see that they are properly cared for is admirable. You ask what would happen when you die, but Texas law allows you to plan for after death and to plan for disability. If both of you were to become suddenly ill, you need to have an emergency care plan. Who will f

This column first appeared in the San Antonio Express-News on January 12, 2018. Scams against the elderly are all too common. You should report this scam to the local police department, and can make a report to the National Consumers League at www.fraud.org (where you can also learn tips for prevention). You should also immediately call her bank to report the fraud. They may be able to stop the check before it is cashed. Calling them will also alert the bank’s fraud office to

This column first appeared in the San Antonio Express-News on December 1, 2017. In 2013, the Texas Legislature amended section 112.035 of the Texas Property Code (not the Probate Code) to expand asset protection opportunities. They did not, however, make the new law simple or understandable and there have been no reported court decisions interpreting the 2013 law changes. Historically, the idea of a person hiding their own assets from their creditors was largely disfavored. I

This column first appeared in the San Antonio Express News on August 5, 2016. Inheritance expectations run aground Dear Mr. Premack: My husband and I bought a property a few years ago. He then passed away in 2011 without a Will and I am told I own only half of this property. All I have is an Affidavit of Heirship. I’ve been told that I cannot transfer the property to one of children unless I wait five years. Is this the only option available? The Affidavit of Heirship is date

This column first appeared in the San Antonio Express-News on March 31, 2016. Dear Mr. Premack: There are a variety of reasons that Wills should be updated. In your letter you highlight a number of them. For instance: 1) Have there been any changes in your family? Certainly anyone who is getting divorced should be modifying their Will immediately. An update is warranted if anyone listed in your Will dies, becomes disabled, or if new family members are added. 2) Do you want to

This column first appeared in the Express-News on March 3, 2016. The best way to control the disposition of your assets is to declare your instructions in a legally binding manner. You can do so in a Will (the traditional method), in a Trust, or with specific account beneficiary designations. All estate plans should have contingency plans. If your “Plan A” is to leave all your assets in equal shares to your two brothers, you also need a “Plan B” to account for changes in circ

This column first appeared in the San Antonio Express News on December 22, 2015. Dear Mr. Premack: You say that you and he inherited your mother’s house. There were a few ways that might have happened: via a probated Will, via a Living Trust, via a Life Estate Deed, or via the intestacy laws. Whatever example she set may be a good motivator for your brother. If she selected an easy route, he can emulate it. If she selected a difficult route, he can reflect on ways to avoid th

This column first appeared in the San Antonio Express-News and its MySA.com website on May 12, 2015. Dear Mr. Premack: My father is doing fairly well, but my mother is slipping more deeply into memory loss and dementia. They do not have a huge estate but are financially stable. A few years ago my brother helped them go online to make Wills and Powers of Attorney with LegalZoom. Now, I am bothered that mother’s Power of Attorney lists only my father as Agent (and his list only

This column first appeared in the San Antonio Express-News on November 1, 2014 Dear Mr. Premack: I have been living with my significant other for around 30 years, and we have always agreed that we like this arrangement and have no desire to marry. We do take care of each other, and have even both made trusts for our separate assets. His trust says his assets will benefit me for life, and then pass to friends, family members and charities he favors. Mine has similar provisions

Dear Mr. Premack: I am young and am just starting. But I have a good job. I got married last year. We are buying a new car, are considering becoming first time homebuyers (maybe), and have started a small retirement savings account. Since you’ll answer a legal question for me, I’d like to know if I (we) should be thinking about making Wills, too. Like I said, we are just starting to build some savings, so why would we do estate planning? – C.E. To answer your question, you mu

Original Publication: San Antonio Express-News, June 3, 2014 Dear Mr. Premack: I have read your past columns about Community Property Survivorship Agreements, and it sounds like something that would be good for my wife and me. I am curious, however, before we enter into an agreement, whether there are any circumstances under which this type of agreement is a bad idea. Are there any situations where we would want to avoid this survivorship agreement? – P.B. For many decades, T

Custodial Accounts for Grandchildren Dear Mr. Premack: A savings account is established in a credit union for my three granddaughters. My will states that the money is in a trust. I do not see how my executor can even have the power to handle this account if she is not listed on my account. I am confused about this, in case of my death how does the bank handle this matter? – LCA There are two answers. First: If the account “established… for my three granddaughters” is already

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

Two weeks ago I received a question from “J.D.”, who has a young family to protect. Still, he and his wife have delayed making any estate plan because they anticipate that their jobs will relocate them in the next few years. J.D.’s brother has encouraged them to move forward regardless of the likelihood of having to relocate. Last week’s column focused on the portability of various estate planning documents. Any relocation within the state of Texas causes no issues at all; le

Dear Mr. Premack: Years ago my husband inherited ranch land from his parents, when it had very little monetary value. My husband died this year and left the land to me. I have no desire to keep the land. My two daughters also have no interest in the land. I listed it for sale and are about to receive $1.5 million in the sale. I have three questions. Will I lose a portion of the money to taxes? If I give some of the money to my daughters, will they have to pay taxes? How do I

Dear Mr. Premack: My mother created a living trust and transferred her ranch into the trust. She died recently, and the trust says that the ranch is supposed to be divided between my sister and me. She actually had a survey done and gave us each our own relatively identical parcels. I thought that if I could leave my part in the living trust it might give me some protection from possible liabilities. I worry because my own children are teenagers and have their driver’s licens