Wondering what “legal guardian vs power of attorney in Texas” really means? A power of attorney in Texas is a private legal document. In it, a capable adult chooses an agent (attorney-in-fact) to handle financial or medical decisions. Meanwhile, a legal guardian is very different. It is a … [Read more...]
Should I Put My Home in a Trust in Texas? Pros, Cons & Your Next Steps
If you own a home in Texas and are asking, “should I put my home in a trust in Texas?”, you are really asking two things: will a trust make life easier for my family, and do I need a Texas living trust attorney to set it up correctly? In many cases, a revocable living trust can keep your homestead … [Read more...]
Types of Property Deeds in Texas
Quick Answer: Texas has several types of property deeds. The most common are general warranty deeds, special warranty deeds, and transfer on death deeds. General warranty deeds give full protection to the buyer. Special warranty deeds give limited protection. Transfer on death deeds let property go … [Read more...]
Does POA End at Death in Texas?
In Texas, every power of attorney—durable, general, medical, or springing—ends the instant the principal dies. Under Estates Code §751.131, an agent’s authority stops at death; afterward, only a court-appointed executor or administrator with Letters may handle the estate. What this means for … [Read more...]
Power of Attorney vs Durable Power of Attorney in Texas
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...]
Can a POA Change a Will in Texas?
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...]
Does the Executor of a Will Get Paid in Texas?
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...]
Per Stirpes Versus Per Capita: How to Choose the Right Distribution Method for Your Estate Plan
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...]
Can Medicaid Take Your Home in Texas?
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...]
How to Transfer Ownership of an LLC to a Trust
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...]
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