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...]
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...]
Joint Will Texas: Essential Estate Planning Guide for Married Couples
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...]
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...]
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...]
Top Benefits of a Trust Based Estate Plan You Need to Know
A trust-based estate plan is a smart way to manage your assets during your life and make sure they go to the right people after you pass away. It includes different types of trusts, like a revocable living trust and an irrevocable trust, each with its own purpose. These trusts help you avoid … [Read more...]
How the No Contest Clause in Will Texas Protects Your Estate
As an experienced estate planning attorney here in Texas, I’ve seen clients get concerned that their beneficiaries are going to contest their wills after they’ve passed away. Fortunately for them, we know how to increase the odds that their last wishes will be honored. This conversation with Walt … [Read more...]
Why College Students Need a Basic Last Will
Many high school graduates are heading to college and becoming legal adults. Turning 18 means you’re considered an adult in most states. This change reduces parents’ authority since their child becomes an adult child with new legal implications. That’s why college students need a basic last … [Read more...]
