The Reecer Law Firm

Texas Estate Planning & Probate Law

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My Parents Did Not Have a Will: What Should I do Now?

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The passing of parents is an emotionally challenging experience, and dealing with their affairs can be overwhelming, especially when they did not leave behind a will. In Texas, intestate succession laws govern the distribution of assets and property when a person dies without a will. By following certain steps, you can navigate the situation effectively.

Parents don't have a will

Consult with an Attorney

Seek the guidance of a qualified estate attorney who is familiar with the state’s laws on intestate succession. An attorney can provide essential advice and help you understand the legal process involved in distributing the estate.

Stay Organized: Gather Important Documents

Start by collecting all relevant documents, such as birth certificates, marriage certificates, property deeds, bank account statements, investment records, insurance policies and other paperwork related to their assets and liabilities. Having these documents organized will make the process smoother.

Determining the Legal Heirs

When a person dies without a will, they are said to have died “intestate.” The laws will dictate who the legal heirs are. In most cases, the surviving spouse and children are considered primary heirs. If your parents were unmarried or their spouse predeceased them, the distribution becomes more complex and may include parents, siblings, and other relatives.

Appointing an Administrator

In Texas, an “administrator” is appointed by the court to oversee the estate’s distribution when there is no will. The court will typically appoint a close family member, such as a surviving spouse or an adult child, as the administrator. If there is a disagreement among potential administrators, the court will make the final decision.

Inventory and Valuation of Assets

The appointed administrator will need to create an inventory of the deceased’s assets, including real estate, bank accounts, investments, and personal property. This inventory should be as detailed as possible, and it may require the help of a professional appraiser to accurately value certain assets.

Paying Debts and Taxes

Before any distribution of assets, the estate’s debts and taxes must be settled. This includes outstanding bills, funeral expenses, and any other debts your parents may have had. The administrator should also file the final income tax return for the deceased and, if necessary, an estate tax return.

Distributing the Estate

Texas laws dictate how the estate will be distributed among the legal heirs. The distribution may vary depending on the surviving family members’ relationships, such as whether there is a surviving spouse, children, or other close relatives. The estate distribution process can be complex, especially when there are blended families, stepchildren, or distant relatives involved.

If there is a surviving spouse and children:

  • The surviving spouse may receive a portion of the estate, and the rest will be divided among the children.

If there is no surviving spouse but there are children:

  • The estate will be divided equally among the children.

If there is no surviving spouse or children:

  • The estate may go to the deceased’s parents, siblings, or other relatives.

Avoiding Probate with a Small Estate Affidavit

In some cases, if the value of the estate is small, it may be possible to avoid probate altogether by using a Small Estate Affidavit. This process allows for a simplified distribution of assets without the need for court involvement. However, specific conditions must be met for this option to be applicable.

Dealing with the passing of parents is a challenging time, and not having a will can make it more complex. In Texas, intestate succession laws govern the distribution of assets when a person dies without a will. To ensure a smooth and legal distribution, it is crucial to understand the laws, determine the legal heirs, and follow the appropriate legal procedures. Seeking the guidance of an experienced estate attorney can be beneficial during this process, helping you navigate the complexities of Texas intestate succession laws.

Contact The Reecer Law Firm PLLC for Assistance

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 have questions regarding estate planning, 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.

The Dangers of an Online Will

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In today’s digital age, the internet has revolutionized various aspects of our lives, making tasks more convenient and accessible. One such area is estate planning, where online wills have gained popularity. While the convenience and cost-effectiveness of creating a will online may be appealing, it is crucial to be aware of the potential dangers associated with relying solely on these platforms.

Lack of Legal Expertise

Dangers of online wills

One of the primary concerns with online wills is the absence of legal expertise. Estate planning involves intricate legal concepts and regulations that vary by jurisdiction. Online will services typically provide generic templates and instructions, but they cannot offer the personalized advice and knowledge of an experienced estate planning attorney. Consulting with a professional ensures that your will conforms to the specific laws of your jurisdiction and helps you address potential issues that an online service might overlook.

Inadequate Customization

Online will platforms often offer standardized templates that may not accommodate unique circumstances or complex family dynamics. Estate planning is a highly individualized process, and a one-size-fits-all approach may not adequately address your specific needs. Working with an attorney allows for customization, ensuring that your will reflects your wishes accurately, covers all necessary provisions, and accounts for any special considerations.

Ambiguity and Misinterpretation

Creating a legally valid and clear will requires precise language and careful drafting. Online wills may rely on generalized text that can be open to misinterpretation or ambiguity. Ambiguous terms or unclear instructions can lead to confusion among beneficiaries and increase the likelihood of disputes or legal challenges. An estate planning attorney can help draft a clear and unambiguous will, minimizing the risk of disputes and ensuring your intentions are accurately communicated.

Lack of Updates and Compliance

Laws and regulations regarding wills and estates can change over time. Online will platforms may not keep up with these updates, potentially rendering your will outdated and non-compliant with the current legal requirements. By working with an attorney, you can ensure that your will remains up-to-date and in compliance with the evolving laws, protecting your estate and minimizing the risk of complications during the probate process.

Security and Privacy Concerns

Online will services require the submission of personal and sensitive information, making them susceptible to cyber threats and data breaches. Protecting your privacy and safeguarding your personal details is crucial when dealing with matters as important as estate planning. Seeking the guidance of an attorney allows you to keep your personal information confidential and secure.

While online will services offer convenience, they come with inherent risks that can jeopardize the effectiveness and validity of your estate plan. The lack of legal expertise, customization limitations, potential for ambiguity, compliance issues, and security concerns make it crucial to consider the potential dangers when deciding how to create your will. Seeking professional guidance from an experienced estate planning attorney ensures that your wishes are accurately reflected, your estate is protected, and your loved ones are not left dealing with unintended consequences or legal disputes after your passing.

Contact The Reecer Law Firm

For more information about Estate Planning and Digital Estate Planning, contact one of our experienced estate planning attorneys at The Reecer Law Firm. Please contact us online or call us at 940-382-3168 to schedule a consultation.

The founder and owner of The Reecer Law Firm, Dena Reecer, is Board Certified in Estate Planning and Probate Law by the Texas Board of Legal Specialization. The Reecer Law Firm is located at 3105 Unicorn Lake Blvd., Denton, TX 76210.

Understanding The Importance of a Digital Estate Plan

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In the digital age, our lives have become increasingly intertwined with online platforms and digital assets. From social media accounts to online banking and digital photographs, we accumulate a vast amount of digital property throughout our lives. But what happens to these digital assets after we pass away? This is where a digital estate plan comes into play.

What is a Digital Estate Plan?

Digital Estate Plan

A digital estate plan is a set of instructions that outline how you want your digital assets to be managed, preserved, or distributed after your death or incapacity. It encompasses all the online accounts, files, and digital possessions you have accumulated over the years, including email accounts, social media profiles, online photo albums, digital documents, cryptocurrency, and more.

Why is a Digital Estate Plan Important?

  1. Preservation of Digital Legacy: Just as you make arrangements for your physical assets and personal belongings, it’s crucial to consider your digital legacy as well. A digital estate plan ensures that your online presence, memories, and personal information are handled according to your wishes.
  2. Access and Account Management: Without proper planning, your loved ones may encounter difficulties accessing your online accounts after your demise. By including instructions for accessing these accounts in your digital estate plan, you can alleviate the stress and confusion your family might face.
  3. Privacy and Security: A comprehensive digital estate plan takes into account the security and privacy aspects of your digital assets. It enables you to specify what should happen to your sensitive information, such as account passwords or financial records, ensuring that they are appropriately protected or disposed of.

Creating a Digital Estate Plan:

  1. Take Inventory: Begin by identifying all your digital assets, including online accounts, devices, and digital files. Make a list of each item and its location, along with any associated login credentials or access codes.
  2. Appoint a Digital Executor: Choose a trustworthy individual to act as your digital executor or designate this responsibility to your regular executor. This person will be responsible for carrying out your wishes as outlined in your digital estate plan.
  3. Specify Your Wishes: Clearly state what you want to happen with each digital asset. You might want your social media profiles to be memorialized, certain files to be deleted, or digital photographs to be passed on to specific individuals. Provide explicit instructions for each asset.
  4. Store and Share: Ensure that your digital estate plan is accessible to your designated executor. Store it securely, either in a physical location (such as a safe deposit box) or a password-protected digital file. Inform your executor about its location and any necessary access credentials.
  5. Review and Update: Regularly review and update your digital estate plan, particularly when there are changes in your digital assets, passwords, or preferences. Stay informed about any changes in online platforms’ policies regarding the management of digital assets.

A digital estate plan is an essential aspect of modern estate planning. It ensures the smooth management and distribution of your digital assets while protecting your privacy and preserving your digital legacy. The Reecer Law Firm can provide expert guidance in creating a comprehensive digital estate plan that aligns with your overall estate planning goals. Don’t overlook the importance of planning for your digital assets—start the process today and provide peace of mind for yourself and your loved ones.

Contact The Reecer Law Firm PLLC for Assistance

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.

What Makes a Will Invalid?

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A will is a legal document that outlines a person’s final wishes for the distribution of their assets after they pass away. However, not all wills are valid, and there are several reasons why a will may be deemed invalid. Listed below are the  most common reasons why wills are considered invalid.

Lack of Capacity

What Makes Wills Invalid

One of the most common reasons why a will may be considered invalid is if the person making the will lacked the mental capacity to do so. The law requires that a person making a will must understand the nature of their assets, the extent of what they are giving away, and the people who may have a claim to their estate. If it can be proven that the person making the will lacked the mental capacity to understand these things, the will may be declared invalid.

Undue Influence

Another common reason why a will may be considered invalid is if the person making the will was unduly influenced by another person. Undue influence occurs when someone uses their position of power to persuade the person making the will to make decisions that are not in their best interest. For example, a caregiver who spends a lot of time with an elderly person may use their influence to persuade the elderly person to leave them a large portion of their estate. If it can be proven that the person making the will was unduly influenced, the will may be declared invalid.

Improper Execution

A will must be executed properly in order to be considered valid. This means that the person making the will must sign it in the presence of witnesses, who must also sign the will in the presence of the person executing the will. If the will was not executed properly, it may be declared invalid. For example, if the witnesses were not present when the person making the will signed it, the will may be declared invalid.

Fraud

If a will was obtained through fraud, it may be declared invalid. This can occur if someone makes false statements or conceals important information in order to persuade the person making the will to leave them something in the will. For example, if someone tells the person making the will that a particular family member has passed away when they have not, in order to persuade the person making the will to leave them a larger share of the estate, the will may be declared invalid.

Duress

Duress occurs when someone uses threats or force to make the person making the will do something they do not want to do. If it can be proven that the person making the will was under duress when they made the will, the will may be declared invalid. For example, if someone threatens the person making the will with physical harm unless they leave them a larger share of the estate, the will may be declared invalid.

Mistakes

If there are mistakes in the will that materially affect the distribution of the estate, the will may be declared invalid. For example, if the person intended to leave their estate to their spouse, but due to a clerical error or mistake in drafting the will, the provision in the will mistakenly leaves a portion of the estate to a non-relative, the will may be invalidated.

Revocation

A will may also be declared invalid if it has been revoked. A will can be revoked by the person making the will at any time before their death, either by destroying the original will or by making a new will that revokes the old one.

In conclusion, a will is an essential document that helps ensure that a person’s estate is distributed according to their wishes. However, there are several reasons why a will may be deemed invalid, including lack of capacity, undue influence, improper execution, fraud, duress, mistakes, and revocation. If you are making a will, it is essential to ensure that it is executed properly and that you are not under undue influence or duress. This will help to ensure that your wishes are carried out after your death.

Contact the Reecer Law Firm PLLC for Assistance

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 a will or its validity, please contact us for more information about how we can help you.

Our office is located at 3105 Unicorn Lake Blvd., Denton, TX 76210 and our phone number is (940) 382-3168.

Do I Need To Include My Personal Belongings In My Will?

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There are two types of personal property according to the Texas Estates Code: Tangible personal property which requires a transfer of title such as a car, boat, or motor home, and tangible personal property which does not require the transfer of a title such as heirloom jewelry, family pictures, pieces of artwork, or items located in another item, such as the contents of a cedar chest.

How you handle these items and whether you mention each item in your will depends on whether you want a specific person to inherit the item, or you want your personal representative to distribute the property at his or her discretion.

Handling Your Personal Belongings in Your Will

Personal belongings and wills

For your personal belongings that require a transfer of title, you may want to have a beneficiary designated on your title so that it is clear that upon your death, the title to the item, such as a vehicle, is transferred to a specific heir. If you do this, you do not need to name the item in your will.

If you have not named a beneficiary on the title, you will then want to include that item in your will and name the person you want to receive that item.

For every piece of personal property, you want to leave to a specific person, you must name that person in your will. For example, if you want to leave your grand piano to your grandchild or a piece of art to a loved one who has admired it, you must say so specifically in your will.

Handling Your Personal Belongings in a Memorandum

If you do not care who the items go to, you can be general in your will and make a statement like “the contents of my home shall be divided according to a memo I leave.” The memo can list specific items that you want to leave to specific people, e.g. “I would like my pieces of art sold and the proceeds given to X charity.”

You could also say in the memo “the contents of my home shall be distributed according to the discretion of my executor.” This allows you to purchase new personal items without having to update your will every time you do so.

The Memorandum must be signed and dated and then acts as a codicil to your will. This allows you to update the memorandum without needing to execute a new will. 

Contact the Reecer Law Firm for More Information

For more information about the best way to leave your personal belongings to your heirs, contact one of our estate planning attorneys at the Reecer Law Firm.

The founder and owner of The Reecer Law Firm, Dena Reecer, is Board Certified in Estate Planning and Probate Law by the Texas Board of Legal Specialization. Contact us for more information about how our attorneys can help you.

How To Protect Your Assets From Nursing Home Costs

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As we grow older, we often worry about what will happen if we become ill or incapacitated and need to be cared for in a nursing home. After all of our hard work accumulating assets, we don’t like to think of losing them paying for nursing home costs.

There are a few ways to protect your assets from nursing home costs, but in order to do this, you must plan ahead. You should talk with an estate planning attorney as soon as possible so you can begin the asset protection process.

Timing for Asset Protection Measures

You can protect your assets so that Medicaid will pay your nursing home costs, but you must have taken these steps at least five years prior to your need for nursing home care. Medicaid wants to be sure you are not acting quickly just to avoid nursing home costs.

Asset Protection Measures to Take Now

An overview of methods your estate planning attorney can do for you:

Nursing Home Costs

Draft a deed retaining a life estate for your real estate. The deed retaining a life estate names you as the life tenant. You name a trusted loved one as the remainderman. The remainderman has a future ownership interest in the property. You retain the right to live in your home until your death. You retain that right even when you are in a nursing home.

When you die, the ownership of the home transfers to your remainderman. Then, Medicaid has no claim to the home provided the life estate was formed at least five years before you entered the nursing home.

Create an irrevocable trust. When you put your assets into an irrevocable trust, you are no longer their owner. Therefore, Medicaid cannot touch them. You name someone you trust as an independent trustee.

Other possible options. Your estate planning attorney can explain to you other possible solutions. Ask about:

  • How you can place your liquid assets into an annuity.
  • Transferring part of your monthly income to your spouse.
  • Use of a pour-over trust.
  • Purchase of long-term care insurance.

Contact the Reecer Law Firm PLLC for Assistance

Dena Reecer is Board Certified in Estate Planning and Probate Law by the Texas Board of Legal Specialization. She is also the founder and owner of the Reecer Law Firm PLLC. She will review your portfolio and assist you with preparing all asset protection documents you need. Contact the law firm for more information about how she can help you.