When Wills Disappear: The Presumption of Revocation in Texas

Elderly adults often become targets for theft by the very people hired to help them. Caregivers gain access to homes and personal belongings. They steal money and valuables. Important documents like wills often vanish during these thefts. The documents may be destroyed accidentally or lost in the chaos that follows systematic exploitation. It can create…

Published

Choice-of-Law Provisions in Trusts are Not Just Boilerplate

Estate planning attorneys routinely include choice-of-law provisions in trust documents. They often defaulti to the state where the trust is created or where the attorney practices. These provisions might seem like boilerplate language, but they can profoundly impact beneficiaries’ rights decades later. The governing law determines everything from modification procedures to information rights, and these…

Published

Are Inherited Retirement Plans Distributed per Texas Law or ERISA?

Most married couples assume that when one spouse dies, their retirement assets will automatically pass to the surviving spouse. But what happens when both spouses die within days of each other? Do Texas survival statutes requiring a beneficiary to survive the deceased by 120 hours apply to ERISA retirement plans? Or do the plan documents…

Published

Can a Guardian of a Minor Extend Control Beyond the Ward’s 18th Birthday?

When a minor turns 18, Texas law typically requires the prompt termination of guardianship and the transfer of assets to the new adult. Yet some guardians find ways to maintain control over assets months or even years after the ward reaches adulthood. Through procedural maneuvers like motions for new trial and appeals, guardians can extend…

Published

Guardian Ad Litem Fees in Texas Guardianship Proceedings

When the court appoints a guardian ad litem in a guardianship proceeding to protect the interests of a proposed ward, questions inevitably arise about how these representatives are compensated and what services fall within their scope of duty. What happens when there’s a dispute over the fees a guardian ad litem has charged? What standards…

Published