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You are here: Home / Archives for Estate Planning

At What Net Worth Do I Need a Trust in Texas?

August 15, 2025
Written by Christopher Migliaccio

Real estate agent hands over piggy bank for protection and care. Property insurance concept. New home purchase. A loan deal for real estate, A loan agreement for real estate

There is no fixed net worth required to create a trust in Texas. Families often establish one for privacy, blended families, special-needs heirs, or out-of-state property, and higher-value estates use trusts to save probate costs and preserve federal tax exemptions. Quick Answer: At What … [Read more...]

Categories: Estate Planning

How To Get Power Of Attorney For Elderly Parent: Complete 2025 Legal Guide in Texas

August 8, 2025
Written by Christopher Migliaccio

Beauty middle aged lady teaching her mom to use computer, pay domestic bills together online, filling in health insurance, loan, receiving pension on bank account

In Texas, you secure power of attorney for an elderly parent by having them, while still mentally competent, sign the state’s durable and medical POA forms before a notary (plus two witnesses for medical), then distribute certified copies to agents, banks, and healthcare providers. Quick … [Read more...]

Categories: Estate Planning

Power of Attorney vs Durable Power of Attorney in Texas

July 23, 2025
Written by Christopher Migliaccio

Power of Attorney. text on wood table, on white paper

Confused about the power of attorney vs durable power of attorney? In Texas, a Durable Power of Attorney stays effective if the principal becomes incapacitated, while a regular (general) Power of Attorney ends the moment incapacity is confirmed. Both must be signed before a notary, but only the … [Read more...]

Categories: Estate Planning Tagged: Durable power of attorney, Estate Planning Tag, family law attorney, power of attorney

Can a POA Change a Will in Texas?

July 21, 2025
Written by Christopher Migliaccio

power of attorney document with silver fountain pen

Quick Answer: Can a Power of Attorney change a will in Texas? Under Texas law (2025), a Power of Attorney cannot modify or revoke a will; only the testator can validly change their will through proper execution of a new will or codicil. Work with an estate planning attorney to draft and … [Read more...]

Categories: Estate Planning Tagged: estate planning attorney, Estate Planning Tag, last will, revocable living trust, Texas estate planning

Does the Executor of a Will Get Paid in Texas?

July 14, 2025
Written by Christopher Migliaccio

Young male lawyer, old man and his granddaughter in testament co

Does the executor of a will get paid in Texas? Yes. The payment an executor receives is commonly referred to as an executor fee or executor's compensation under Texas law. Texas law entitles an executor to up to 5 % of the cash they actually receive or pay out while administering the estate—but … [Read more...]

Categories: Estate Planning Tagged: Chapter 7 Bankruptcy, estate planning attorney, Estate Planning Tag, last will

Per Stirpes Versus Per Capita: How to Choose the Right Distribution Method for Your Estate Plan

July 7, 2025
Written by Christopher Migliaccio

Happy asian family young couple love hand holding piggy bank to save and model house for saving money to buy real estate for new home. Business finance, deposit with banking for financial planning.

As an experienced estate planning attorney here in Texas, I know clients aren’t always aware of the complexities involved in making a plan—and they often struggle with the legal language. So I’m always happy when they take the initiative and ask the right questions, like Jimmy did when his son was … [Read more...]

Categories: Estate Planning Tagged: estate planning attorney, Estate Planning Tag, last will, revocable living trust

Can Medicaid Take Your Home in Texas?

July 2, 2025
Written by Christopher Migliaccio

MEDICAID text on a keyboard with stethoscope , medical concept

Picture this: After years of paying off your mortgage and filling your house with memories, you suddenly need nursing home care. Then you hear rumors that the state might take your home to pay for that care. Is that actually possible in Texas? Medicaid Estate Recovery Programs are mandatory in all … [Read more...]

Categories: Estate Planning Tagged: estate planning attorney, Estate Planning Tag, Medicaid and health care, Real estate planning

How to Transfer Ownership of an LLC to a Trust

June 16, 2025
Written by Christopher Migliaccio

Limited Liability Company (LLC) Business Concept, Person hand using computer and hand touching limited liability company icon on Vr screen.

Business owners wonder, "how to transfer ownership of an LLC to a trust"? As a Texas estate planning attorney, I’ve helped many such business owners protect their assets and simplify their estate plans by transferring LLC ownership to trusts. This has become a popular move among my clients who want … [Read more...]

Categories: Estate Planning Tagged: estate planning lawyer, Estate Planning Tag, revocable living trust

Joint Will Texas: Essential Estate Planning Guide for Married Couples

June 13, 2025
Written by Christopher Migliaccio

couple doing estate planning

When Sarah lost her husband in Houston last year, she learned that their joint will caused unexpected problems. It stopped her from selling their home to pay for medical bills. This story shows why Texas estate planning attorneys often advise against joint wills. Top Insights for This … [Read more...]

Categories: Estate Planning Tagged: Divorce & Your Children, last will, revocable living trust

Essential Will Signing Instructions: A Step-by-Step Guide

May 12, 2025
Written by Christopher Migliaccio

will signing by the elderly couple

Figuring out how to sign your will the right way might seem intimidating, but it is one of the most important steps you can take. You are not just signing a piece of paper—you are protecting your family and ensuring your wishes are clear. A will must be valid in the state where it was created, and … [Read more...]

Categories: Estate Planning Tagged: estate planning attorney, Estate Planning Tag, last will, revocable living trust

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Christopher Migliaccio, attorney in Dallas, Texas
About the Author

Christopher Migliaccio is an attorney and a Co-Founding Partner of the law firm of Warren & Migliaccio, L.L.P. Chris is a native of New Jersey and landed in Texas after graduating from the Thomas M. Cooley School of Law in Lansing, Michigan. Chris has experience with personal bankruptcy, estate planning, family law, divorce, child custody, debt relief lawsuits, and personal injury. If you have any questions about this article, you can contact Chris by clicking here.

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