The Importance of 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...