Texas Medical Power of Attorney

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...