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...]
Will and Trust Attorney Near Me: Securing Your Legacy – A Comprehensive Guide in Texas
Introduction When I hear from families about estate planning here in Texas, I often hear the same worry: “We know we need to do something about our estate planning, but we don’t know where to begin.” I’ve had this conversation many times at Warren & Migliaccio. The one I just had with Paul … [Read more...]
Essential Will Signing Instructions: A Step-by-Step Guide
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...]
Understanding Lady Bird Deed Medicaid Benefits in Texas: Protect Your Home and Assets
Can a lady bird deed Medicaid help protect your home from Medicaid Estate Recovery? Yes, it can. This article explains how a lady bird deed Medicaid, also called an enhanced life estate deed, lets you keep your home while staying eligible for Medicaid in Texas. You’ll learn about its main benefits, … [Read more...]
The Ultimate Guide to a Texas Will Based Estate Plan: Simplify Your Future
A will-based estate plan uses a will to handle your assets and final wishes after you pass away. This article explains what it includes, its advantages, its drawbacks, and how it compares with other estate planning tools. Key Points Summary Key Points A will … [Read more...]
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