Co-owning a Home in Texas
You are living with someone who is not your spouse, and you recently purchased a home together.
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Revocable Living Trusts Q&A
from Paul Premack, Probate and Estate Planning
Can a Trust Protect Son’s Inheritance?
Your goal to protect your son would be enhanced by using a well drafted Trust.
I want a cheap and easy Will
Most states, Texas and Washington included, allow two types of "Last Will and Testament", each with its own technicalities.
Pros and Cons of a Living Trust
We would like to avoid probate using a Revocable Living Trust. Can you run through the pros- and cons- of that type of estate planning?
Q & A on Community Property Survivorship Agreements
Does having a Community Property Survivorship Agreement (CPSA) really avoid probate? Does it have to go before a Judge when one of us dies?
2021 Legislation affecting Estate Planning
2021 Legislation affecting Estate Planning
Does first spouse or second spouse inherit?
The intent was to give the share to the “wife” who was wife when the trust was signed, not to some unknown unanticipated future “wife”.
How Do I turn down being a Successor Trustee?
You are listed without your consent. What can you legally do? First, you need to inform the Trust creators that you do not want the job.
Mom needs Contingency Plan to Pass House Title
In the Will, you could state that you leave your house to your youngest daughter, under the terms of a Testamentary Trust inside your Will.
Who wins between Agent and Trustee?
Durable power of attorney takes precedence over his individual domain while the Trust takes precedence over the trust’s domain.
Can I control who gets my IRA?
The simplicity of the non-testamentary designation can interfere with planning for a more complex goal.
Can I be trustee and beneficiary of my trust?
Doctrine of Merger: when trustee and beneficiary are the same person, without restriction on the assets
How Do I Keep Former Will Beneficiary from Cheating?
The court-based probate process is designed to avoid deceit and fraud, but as with any human endeavor it is not perfect. Texas law is clear
Paying for Fluffy’s Care after Dad Dies
Pets are a wonderful addition to many Senior lives, providing companionship and contact that enriches the Seniors’ lives. But a pet is also
Don’t Emulate Plan-less Celebrities
Aretha Franklin died in 2018 in Michigan, with an estate that Forbes reports as about $80 million. Three papers have been filed in court. Tw
Estate Planning is for Young Adults, too
Estate Planning is for Young Adults, too
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. Dear Mr. Premack: I received...
Planning for your pets is vital
This column first appeared in the San Antonio Express News on April 27, 2018 Dear Mr. Premack: My wife and I love animals and have two...
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...
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...
A method to avoid Elder Exploitation
This column first appeared in the San Antonio Express-News on October 24, 2017. Your mother needs to see a Certified Elder Law Attorney...
Is a Living Trust useful in Medicaid Planning?
This column first appeared in the San Antoni0 Express News on January 16, 2017. Dear Mr. Premack: My parents are in their 80’s and have...
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...
Can a verbal agreement over inheritance be enforced in Texas?
This column first appeared in the San Antonio Express-News on April 19, 2016. Dear Mr. Premack: The words you use give me concern. Your...
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...
Four steps to including pet care in your estate plan
Enduring care for your dog, cat or other companion animal is a chief concern for many pet owners. Your pets bring comfort, give love and are
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...
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...
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