Probate and Estate Planning Columns | Paul Premack Express News

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

Keeping land in the family for generations

Paul Premack

Jan 24, 2019

Keeping land in the family for generations

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

Paul Premack

Jun 25, 2018

Planning for your pets is vital

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

How to handle a scam against elderly parent

Paul Premack

Jan 16, 2018

How to handle a scam against elderly parent

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

Can a Spendthrift Trust protect your own assets?

Paul Premack

Dec 26, 2017

Can a Spendthrift Trust protect your own assets?

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

Intestacy can skewer inheritance expectations

Paul Premack

Aug 29, 2016

Intestacy can skewer inheritance expectations

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

The bypass trust and 4 other reasons you should update your Will

Paul Premack

Apr 26, 2016

The bypass trust and 4 other reasons you should update your Will

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

Can an Heir delegate inheritance rights?

Paul Premack

Apr 22, 2016

Can an Heir delegate inheritance rights?

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

Brother’s decision needs legal action to be effective

Paul Premack

Dec 22, 2015

Brother’s decision needs legal action to be effective

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

Attorney-Prepared Trust may fix LegalZoom failings

Paul Premack

May 15, 2015

Attorney-Prepared Trust may fix LegalZoom failings

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

Paul Premack

Nov 3, 2014

The Danger of Non-Testamentary Designations

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

Why Should Even Young People Just Launching Have Estate Plans?

Paul Premack

Aug 4, 2014

Why Should Even Young People Just Launching Have Estate Plans?

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

When to Avoid using Community Property Survivorship

Paul Premack

Jun 3, 2014

When to Avoid using Community Property Survivorship

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

Paul Premack

Dec 3, 2013

Multiple Q&A

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

Paul Premack

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

Paul Premack

Feb 23, 2013

Mobility Trust Works for Mobile Families

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

Paul Premack

Nov 3, 2012

Finish Big-Money Gifts in 2012

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

Paul Premack

Jun 5, 2012

Does mom’s trust protect inheritance from creditors?

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

Paul Premack

Jan 16, 2012

Parents Ask About Legal Issues for Daughter Working Outside U.S.

Dear Mr. Premack: Our daughter has just graduated from college and has taken a job overseas. She will be gone for at least two years. We were trying to help her set things up so both she and we can still access her brokerage account, but the broker told us that they are not willing to maintain an account for her while she lives outside the US. Is there a legal way to set up her account the way that we want? What about her taxes? Does she pay US taxes on her foreign income? –

Paul Premack

Dec 26, 2011

How can spouse use trust to sell house?

Two weeks ago I received a letter from “M.E.” whose husband had become incapacitated. She wanted to sell the house and found out the law required both spouses to sign for the sale of the homestead. Fortunately, M.E. had been named as agent in her husband’s durable power of attorney and could sign for him as agent. Last week, “R.C.” wrote to say she was in the same situation but had not been named as agent, so the column discussed court-based options for her to gain the necess

Paul Premack

Sep 23, 2011

Can estate Inventory be kept private after Mom dies?

Dear Mr. Premack: My mother has always been a very private person. She does not like other people to know about her personal affairs. She is older now, and though in good health, knows she won’t live forever. She has asked me to be Executor in her Will and I’ve agreed. When I was Executor for my uncle who died, I recall having to file a listing of all his bank accounts and investments with the court. The court records are open to the public, and I know that would horrify moth