The Reecer Law Firm

Texas Estate Planning & Probate Law

Archives for January 2025

Estate Planning for Unmarried Couples

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Estate planning isn’t just about passing on wealth; it’s about securing your future and protecting your loved ones. For unmarried couples in Texas, estate planning can be particularly challenging. Unlike married couples, you don’t have the automatic protections of spousal rights when it comes to inheritance or healthcare decisions. That’s why it’s essential for unmarried couples to take steps to ensure their wishes are honored and their partners are provided for in the event of incapacity or death. In this guide, we’ll explore the key things to consider and steps that are involved in estate planning for unmarried couples.

  1. Wills: Creating a will is vital for unmarried couples to ensure that your assets are distributed according to your wishes. In Texas, without a will, state laws determine how your property is divided, which may not align with your intentions. By drafting a will, you can designate your partner as a beneficiary and specify how you want your assets to be distributed.
  2. Powers of Attorney: Designating powers of attorney allows your partner to make important decisions on your behalf if you become incapacitated. A durable power of attorney for finances enables your partner to manage your financial affairs, while a medical power of attorney grants them the authority to make healthcare decisions for you. Without these documents, your partner may not have the legal right to act on your behalf.
  3. Healthcare Directives: Consider creating a living will or advance directive to outline your preferences for medical treatment and end-of-life care. This document provides guidance to your partner and healthcare providers, ensuring that your wishes are respected if you’re unable to communicate.
  4. Beneficiary Designations: Review and update beneficiary designations on your life insurance policies, retirement accounts, and other assets. By naming your partner as a beneficiary, you can ensure that they receive these assets directly, bypassing the probate process and any potential challenges from other family members.
  5. Joint Ownership: Jointly owning property, bank accounts, and other assets with your partner can simplify the transfer of ownership in the event of your death. In Texas, joint tenancy with rights of survivorship allows property to pass directly to the surviving partner without going through probate.
  6. Trusts: Depending on your situation and goals, establishing a trust may provide additional benefits. Trusts can help you avoid probate, minimize estate taxes, and provide ongoing support for your partner or other beneficiaries according to your wishes.

In Texas, unmarried couples must carefully plan their estates to protect each other and their assets. Working with an experienced estate planning attorney who understands the unique challenges of unmarried couples can make the process smoother.

Contact the Reecer Law Firm

Dena Reecer, founder and owner of the Reecer Law Firm PLLC, is Board Certified in Estate Planning and Probate Law by the Texas Board of Legal Specialization. If you have questions or concerns regarding estate planning, please call us at (940) 382-3168or contact us for more information about how we can help you. Our office is located at 3105 Unicorn Lake Blvd., Denton, TX 76210.

Protecting What Matters: Estate Planning for Your Elderly Parents

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Estate planning for your elderly parents is an essential step in ensuring their financial security and peace of mind. By taking the time to carefully plan, you can help them protect their assets, fulfill their wishes, and avoid potential conflicts down the line. Here’s how you can get started.

Why Estate Planning Matters

Retirement and Elderly Care

Estate planning is more than just drafting a will—it’s about creating a comprehensive plan that covers all aspects of your parents’ future. From asset distribution to healthcare decisions, a well-structured estate plan ensures that your parents’ wishes are respected, even if they can no longer speak for themselves.

Initiating the Conversation

Approaching the topic of estate planning with your parents might feel overwhelming, but it’s a necessary discussion. Start by expressing your concerns and explaining the importance of planning ahead. Ask about their current arrangements and listen carefully to their wishes. This conversation is a crucial first step in making sure that everyone is on the same page.

Essential Components of an Estate Plan

A solid estate plan should include several key documents to cover all bases:

  • Will: This document outlines your parents’ wishes regarding the distribution of their assets and the care of any dependents.
  • Durable Power of Attorney: This gives a trusted person the authority to make financial decisions on your parents’ behalf if they become incapacitated.
  • Healthcare Power of Attorney: Similar to the durable power of attorney, this allows someone to make healthcare decisions for your parents if they are unable to do so.
  • Living Will: This document details their preferences for medical care, particularly in life-threatening situations.
  • Trusts: Depending on your parents’ needs, a revocable living trust or other types of trusts might be beneficial for managing their assets and avoiding probate.

Planning for Long-Term Care

Long-term care is a significant consideration in estate planning. Explore options like long-term care insurance or Medicaid planning to help cover the costs of nursing homes, assisted living, or in-home care. These measures can protect your parents’ assets from being drained by healthcare expenses.

Regularly Reviewing the Plan

Life changes, and so should estate plans. Make it a habit to review your parents’ estate plan regularly—especially after significant life events like a marriage, divorce, or the birth of a new grandchild. Keeping the plan up to date ensures that it accurately reflects your parents’ current wishes and circumstances.

Consult with an Estate Planning Attorney

Estate planning involves numerous legal and financial complexities. An experienced estate planning attorney can provide invaluable guidance, ensuring that your parents’ estate plan is comprehensive, legally sound, and tailored to their specific needs.

Contact The Reecer Law Firm

Ensure your parents’ future is carefully planned. The Reecer Law Firm provides the expertise and support to develop a thorough estate plan that reflects their wishes. Dena Reecer, founder and owner of The Reecer Law Firm PLLC, is among the select Texas attorneys Board Certified in Estate Planning and Probate Law by the Texas Board of Legal Specialization. Call us at (940) 382-3168 or contact us for more information on how we can help secure your family’s future.

The Reecer Law Firm is located at 3105 Unicorn Lake Blvd., Denton, Texas 76210.

Can I Make a Handwritten Will?

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If you’re considering drafting your will, you might wonder whether a handwritten will, known as a holographic will, is a viable option. In Texas, the answer is yes; however, there are several reasons why you might want to think twice before relying on this method. While holographic wills are legally valid, they come with significant drawbacks that can lead to complications for your loved ones.

Texas Family Law

What is a Holographic Will?

A holographic will is a will entirely written in your handwriting. Unlike a typed or formally printed will, a holographic will does not require witnesses in Texas, making it seem like a quick and convenient solution. However, this simplicity can be deceiving and may create more problems than it solves.

Cons of a Holographic Will

  1. Ambiguity and Vagueness: Handwritten wills can often be unclear or ambiguous, leading to potential disputes among beneficiaries. Without precise legal language, the document may be open to interpretation, causing family conflicts and lengthy legal battles.
  2. Risk of Omission: Individuals may unintentionally leave out critical elements when drafting their own wills. Important details such as appointing an executor, specifying alternate beneficiaries, or addressing specific contingencies might be overlooked, which can complicate the administration of your estate.
  3. Legibility Issues: If your handwriting is difficult to read, it can create confusion and misunderstandings. Poor legibility might lead to parts of your will being misinterpreted or entirely disregarded.
  4. Challenges in Proving Authenticity: Without witnesses, proving the authenticity of a holographic will can be challenging. If someone contests the will, it may be difficult to prove that it was indeed written and signed by you, leading to potential legal hurdles and delays in executing your wishes.
  5. Lack of Comprehensive Planning: Estate planning involves more than just distributing assets. It includes tax planning, setting up trusts, and ensuring your wishes are carried out efficiently. A holographic will often lacks the depth and foresight that a professionally drafted will provides.

Why You Need an Attorney

  1. Expert Legal Advice: An attorney specializing in estate planning can provide invaluable advice tailored to your specific situation. They ensure that all legal requirements are met, and your will is comprehensive and clear.
  2. Minimizing Disputes: A professionally drafted will reduces the likelihood of disputes. Attorneys use precise language and cover all necessary details, which helps prevent misinterpretation and challenges.
  3. Comprehensive Estate Planning: Lawyers can help with more than just drafting a will. They offer advice on setting up trusts, planning for estate taxes, and other strategies to protect your assets and ensure they are distributed according to your wishes.
  4. Peace of Mind: Knowing that your will is legally sound and comprehensive provides peace of mind. You can be confident that your loved ones will not face unnecessary legal battles or complications after your passing.
  5. Regular Updates: Life circumstances change, and so should your will. An attorney can help you regularly review and update your will to reflect changes in your family structure, financial situation, or personal wishes.

While it is possible to create a handwritten will in Texas, the risks and potential complications make it a less-than-ideal choice. For a legally sound and comprehensive estate plan, consulting an attorney is crucial. The Reecer Law Firm specializes in Texas estate planning and can help ensure your final wishes are clearly documented and legally binding.

Contact The Reecer Law Firm

Dena Reecer, founder and owner of the Reecer Law Firm PLLC, is one of a few Texas attorneys who are Board Certified in Estate Planning and Probate Law by the Texas Board of Legal Specialization. If you are considering preparing or revising your will, contact us for more information about how we can help you. The Reecer Law Firm is located at 3105 Unicorn Lake Blvd., Denton, Texas 76210. Our office number is 940-382-3168