13 May

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The Benefits of Enhanced Life Estate Deeds in Texas

in Estate Planning, Probate, Real Estate Law, Wills & Trusts

Are you a homeowner in Texas looking to protect your property and ensure its smooth transfer to your heirs? Enhanced Life Estate Deeds, also known as Lady Bird Deeds, could be the solution you've been searching for. As an attorney specializing in estate planning, I'm here to demystify this powerful tool and explain how it can benefit you and your loved ones. What is an Enhanced Life Estate Deed? An Enhanced Life Estate Deed is a legal instrument used in estate planning that allows property owners to retain control over their real estate during their lifetime while also providing for its automatic...

03 May

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Understanding Irrevocable Life Insurance Trusts in Texas

Posted by Robert Newton

in Estate Planning, Probate, Wills & Trusts

Introduction: As a Texas attorney dedicated to helping individuals protect their assets and secure their family's financial future, I often encounter questions about estate planning tools that can achieve these goals effectively. One such tool that deserves attention is the Irrevocable Life Insurance Trust (ILIT). In this blog post, I'll provide a comprehensive explanation of what an ILIT is, how it works specifically in Texas, and why it's an essential component of estate planning for many Texans. What is an Irrevocable Life Insurance Trust (ILIT)? An Irrevocable Life Insurance Trust (ILIT) is a trust established to hold life insurance policies outside...

02 May

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Understanding Transfer on Death Deeds: A Comprehensive Guide for Texas Residents

Posted by Robert Newton

in Estate Planning, Probate, Real Estate Law, Wills & Trusts

Are you a Texas resident looking for efficient estate planning tools to secure your assets and protect your loved ones' future? If so, you may have heard about Transfer on Death Deeds (TODDs) but might not fully understand how they work and how they could benefit you. In this guide, we'll delve into the specifics of TODDs and why they could be a valuable addition to your estate planning strategy. What Are Transfer on Death Deeds? Transfer on Death Deeds, also known as beneficiary deeds, are legal documents that allow property owners to designate beneficiaries who will inherit their real estate upon...

04 January

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Empowering Your Future: Understanding Durable Power of Attorney in Texas

Posted by Robert Newton

in Business Law, Estate Planning, Legal Advice, Real Estate Law, Wills & Trusts

Introduction: In the vast landscape of estate planning, one crucial document that residents of Texas should be well-acquainted with is the Durable Power of Attorney (DPOA). This legal instrument empowers individuals to make important financial decisions on your behalf, offering peace of mind and security in times of need. In this SEO blog post, we'll delve into the specifics of a Durable Power of Attorney in the state of Texas, highlighting its significance, key elements, and how it can be a cornerstone in your comprehensive estate plan. What is a Durable Power of Attorney? A Durable Power of Attorney is a legal...

06 January

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Texas Medical Power of Attorney

Posted by Robert Newton

in Estate Planning, Probate, Wills & Trusts

A Texas Medical Power of Attorney is a document which is usually prepared by a Texas estate planning attorney as part of the estate planning process. The purpose of the Texas Medical Power of Attorney is for a person, known as the principal, to name an agent to make medical decisions on the person’s behalf if the principal is unable to make his/her own health care decisions. Texas estate planning attorneys typically provide the name, address, and phone number of the agent in the Texas Medical Power of Attorney. After all, the agent often needs to be notified of the principal’s...

04 January

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Texas Durable Power of Attorney

Posted by Robert Newton

in Estate Planning, Probate, Wills & Trusts

A Texas Durable Power of Attorney is an instrument that allows an agent to perform certain actions on behalf of another person, usually called the principal. A Texas Durable Power of Attorney is usually prepared in relation to a person’s broader estate planning, which includes a Last Will and Testament, Revocable Living Trust, Durable Power of Attorney, Medical Power of Attorney, Directive to Physicians, and other ancillary documents, all of which are usually prepared by a Texas estate planning attorney. However, the Texas Durable Power of Attorney may also be executed without the other documents. The Texas Durable Power of Attorney...

03 January

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Texas Revocable Living Trusts

Posted by Robert Newton

in Estate Planning

Texas Revocable living trusts are a powerful estate planning tool in Texas. The Texas revocable living trust allows a person to distribute one’s assets in accordance with one’s wishes without the need for a costly and lengthy probate. Further, revocable living trusts can be written in a manner to protect those assets from your beneficiaries’ creditors. Therefore, it is important to retain a Texas estate planning attorney to prepare the Texas revocable living trust. Some of the key persons named in a Texas revocable living trust include a settlor, trustee, and beneficiary. A settlor, which may also be named a trustor or...

22 July

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The Importance of Estate Planning

Posted by Robert Newton

in Estate Planning

Good morning! I am Robert Newton, attorney and owner of The Law Office of Robert Newton, P.C., which is a law firm located in Frisco, Texas. In this inaugural Newton's Legal Minute, we are going to discuss what happens to your estate in Texas upon your death. If you have conducted any estate planning, then it is likely that your estate will pass to your beneficiaries in the manner you desired. Basic estate planning tools include a last will and testament, a revocable living trust, transfer on death deeds, and naming beneficiaries on financial documents. If you die without any estate...

21 December

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Estate Planning Documents

Posted by Robert Newton

in Estate Planning

Estate planning documents comprise a set of documents that manages your affairs in the event of disability or incapacity and after your death. In Texas, they include a Last Will & Testament, Durable Power of Attorney, Medical Power of Attorney, Directive to Physicians, Living Trust, and Transfer on Death Deed, among other documents. Last Will and Testament The Last Will and Testament is a document that tells the world, and, more specifically, the court, how you would like your estate distributed. Even if the will is never used, it is important that everybody has a will because it helps transfer legal title...

10 May

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What is a Partition?

Posted by Robert Newton

in Estate Planning, Litigation, Probate, Real Estate Law

In its simplest form, partition means a division of some object or idea. In everyday life, it probably most frequently refers to the division in a room, such as the sliding heavy curtains separating Sunday School classes at church. In a legal sense, though, it means the division of an interest. Although partition can apply to an interest in any asset, partitions typically arise in regards to real property. Further, courts review two primary types of partitions, a partition-by-sale and a partition-in-kind. As one might have figured, a partition-by-sale means that a court requires a sale of the property. A partition-in-kind...

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