The Reecer Law Firm

Texas Estate Planning & Probate Law

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Special Needs Trusts: What Do I Need to Know?

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If you’re considering the financial future of a loved one with special needs, you may have heard about Special Needs Trusts (SNTs). These trusts serve as a safety net, ensuring the financial stability of individuals with disabilities. Let’s explore what they entail and how they can benefit you and your family.

Understanding Special Needs Trusts

Special Needs Trusts

An SNT is a legal tool tailored to manage assets for the benefit of individuals with disabilities, serving as a shield to safeguard their financial interests. It ensures that they maintain eligibility for vital programs like Medicaid and Supplemental Security Income (SSI), providing a crucial safety net for their future.

Eligibility for Special Needs Trusts

In Texas, anyone with a disability who relies on or may rely on means-tested government benefits can benefit from an SNT. Whether your loved one currently receives assistance or may need it in the future, an SNT can provide invaluable support.

The Importance of Special Needs Trusts

Without an SNT, inherited assets or financial gifts could jeopardize your loved one’s eligibility for essential government benefits. By establishing an SNT, you safeguard their resources while preserving their access to vital assistance programs.

Utilizing a Special Needs Trust

The flexibility of an SNT is unparalleled. Funds can be utilized for various expenses, including medical care, education, housing, transportation, and recreational activities. It’s a versatile tool for enhancing your loved one’s quality of life.

Establishing a Special Needs Trust

Setting up an SNT involves navigating legal processes, but you don’t have to tackle it alone. Consult with a specialized attorney familiar with Texas trust laws. They’ll guide you through the setup, ensuring everything is tailored to your family’s unique needs.

Funding a Special Needs Trust

You have multiple options for funding an SNT. Assets such as cash, real estate, or investments can be transferred into the trust. Additionally, relatives and friends can contribute, with annual gifts up to $18,000 (as of 2024) being permissible without gift tax reporting.

Remember that an SNT isn’t just a financial tool—it’s a source of security and stability for your loved one’s future. Make sure to understand its ins and outs, consider its advantages, and consult with professionals to guide you. Your loved one deserves a future safeguarded by the strength of a well-crafted Special Needs Trust.

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 Special Needs Trusts or Estate Planning, please call us at (940) 382-3168 or contact us for more information about how we can help you. Our office is located at 3105 Unicorn Lake Blvd., Denton, TX 76210.

Understanding Joint Tenancy with Right of Survivorship in Texas

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Have you ever wondered what happens to property when one of the owners passes away? If you’re in Texas and considering owning property with someone else, it’s essential to understand the concept of Joint Tenancy with Right of Survivorship (JTWROS). This arrangement offers unique advantages and considerations that you should know about.

What is Joint Tenancy with Right of Survivorship?

Joint Tenancy

 Joint Tenancy with Right of Survivorship, commonly abbreviated as JTWROS, is a way of owning property with one or more people in Texas. Here’s how it works: when you and another person own property as joint tenants, each of you owns the account in proportion to your contribution to the account. However, the key feature of JTWROS is that if one owner passes away, their share automatically transfers to the surviving owner(s). This type of ownership designation controls over any provision in a Will or Trust.

How Does it Work in Texas?

In Texas, JTWROS is recognized as a form of co-ownership. This means that when you buy property with someone else and specify that you want it to be held in joint tenancy, the ownership rights and responsibilities are governed by Texas law.

Benefits of Joint Tenancy with Right of Survivorship

Avoiding Probate: One significant advantage of JTWROS is that it allows the property to pass directly to the surviving owner(s) without going through probate. This can save time and money for your loved ones after your passing.

Clear Succession: With JTWROS, there’s no ambiguity about who inherits the property when one owner dies. The transfer of ownership is automatic and immediate.

Creditor Protection: In some cases, JTWROS may offer protection against creditors. If one owner faces financial difficulties, creditors generally cannot seize the property as long as it’s held in joint tenancy.

Considerations and Risks

Equal Ownership: Each owner in a joint tenancy holds a share of the property. This means that decisions regarding the property usually must be made jointly, and disagreements can arise.

Potential Tax Implications: While JTWROS can simplify the transfer of property, there may be tax implications to consider, especially regarding capital gains tax upon sale of the property.

Relationship Dynamics: Owning property with someone else, especially under JTWROS, requires a high level of trust and communication. It’s essential to consider the implications for your relationship with the co-owner(s).

Joint Tenancy with Right of Survivorship can be a valuable option for property ownership in Texas, offering benefits such as probate avoidance and clear succession. However, it’s crucial to weigh the advantages against the considerations and risks involved. Before entering into a joint tenancy arrangement, it’s wise to consult with a legal professional to ensure it aligns with your specific circumstances and goals.

Contact The Reecer Law Firm Today

At The Reecer Law Firm, we help families across Texas create estate plans that fits their specific needs. Whether you’re just getting started or updating your plan, we’re here to guide you. Dena Reecer, founder and owner of the Reecer Law Firm PLLC, is among a select group of Texas attorneys recognized as Board Certified in Estate Planning and Probate Law by the Texas Board of Legal Specialization. Call us today at (940) 382-3168 or contact us for more information about how we can help you. Our office is located at 3105 Unicorn Lake Blvd., Denton, TX 76210.

Estate Planning for Blended Families

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Estate planning is important for everyone, but it takes on special importance when you are part of a blended family. With multiple relationships and unique family dynamics, careful planning helps you protect your loved ones and honor your wishes.  If you fail to plan, then the state where you live will determine who inherits your estate.

Start with Clear Goals

Blended Family and the Holidays

Think about what you want for your family’s future. Consider the needs of your spouse, your children, and any stepchildren. Do you want to provide for everyone equally? Do you have specific goals for certain family members? Being clear about your intentions helps create a plan that reflects your priorities.

Decide Who Will Handle Things

In blended families, choosing the right people to manage your estate is an important step. Select an executor or trustee who can be impartial and responsible. This might mean choosing someone outside the family to avoid potential conflicts. Discuss your choice with them to make sure they’re willing to take on the role.

Create a Trust

A trust can be a great tool for blended families. It allows you to provide for your spouse while also protecting the inheritance of your children. For example, you might use a trust to give your spouse income from your estate while preserving the principal for your children. A trust offers flexibility and control that a simple will might not.

Update Beneficiaries

Don’t forget about your financial accounts, retirement plans, and life insurance policies. Make sure your beneficiary designations match your wishes. These designations typically override what’s written in your will, so keeping them updated is key.

Communicate Your Plan

Open communication with your family can help prevent misunderstandings later. Explain your decisions to your spouse and children so they know your intentions. This doesn’t mean you have to share every detail, but giving an overview can make everyone feel more prepared.

Work with an Estate Planning Attorney

Blended families can benefit from tailored advice. Working with an experienced estate planning attorney gives you peace of mind knowing your plan fits your family’s unique situation.

Contact The Reecer Law Firm Today

At The Reecer Law Firm, we help families across Texas create estate plans that fits their specific needs. Whether you’re just getting started or updating your plan, we’re here to guide you. Dena Reecer, founder and owner of the Reecer Law Firm PLLC, is among a select group of Texas attorneys recognized as Board Certified in Estate Planning and Probate Law by the Texas Board of Legal Specialization. Call us today at (940) 382-3168 or contact us for more information about how we can help you. Our office is located at 3105 Unicorn Lake Blvd., Denton, TX 76210.

Beneficiary Designations: What You Need to Know

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In estate planning, beneficiary designations are a key part of the process. These designations say who will receive certain assets, like retirement accounts or life insurance, when you pass away. By keeping them accurate and up to date, you help avoid confusion and make your wishes clear for your loved ones.

What Are Beneficiary Designations?

Beneficiary Designations

Beneficiary designations are instructions you give to financial institutions or insurance companies on who should receive your assets after you pass away. These designations are typically made when you open accounts like 401(k)s, IRAs, or purchase a life insurance policy. Instead of these assets being distributed through your will, they are automatically transferred to the designated beneficiaries after you pass away. In Texas, these instructions can even take priority over what is stated in your will, so it’s essential to get them right.

Why Updating Beneficiary Designations Matters

Over time, your life and relationships may change. You might get married, divorced, have children, or experience other shifts in your family dynamic. Any of these changes could mean it’s time to update your beneficiary designations. For instance, if you went through a divorce, failing to update these designations could mean that an ex-spouse ends up receiving funds you intended for your children. Keeping your beneficiary information up to date can help avoid confusion or disputes among your loved ones.

Key Considerations

In Texas, estate planning laws require careful attention to detail regarding beneficiary designations. Texas is a community property state, which means that if you’re married, your spouse may have a legal right to a portion of your assets, even if they aren’t named as a beneficiary. This is something to consider as you review your estate planning documents. To avoid issues, talk to an estate planning attorney who understands Texas laws and can guide you in choosing or updating your beneficiaries.

Common Mistakes to Avoid

One common mistake is assuming that listing a beneficiary in a will is enough. Remember, any asset that has a designated beneficiary will pass directly to that person, no matter what your will says. Also, be cautious about naming minors as direct beneficiaries. Without proper legal safeguards, they may not be able to access the funds until they turn 18, which could mean appointing a guardian to manage those assets.

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 have questions or concerns regarding beneficiary designations or estate planning, please call us at (940) 382-3168 or contact us for more information about how we can help you. Our office is located at 3105 Unicorn Lake Blvd., Denton, TX 76210.

10 Common Estate Planning Mistakes

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Estate planning is a crucial process to ensure that your assets are distributed according to your wishes after your death. However, there are common mistakes that people often make in the estate planning process. Keep in mind that estate planning laws can vary by jurisdiction, so it’s essential to consult with legal professionals who are familiar with the laws in your area. Here are some common mistakes to be aware of:

Estate Planning

1. Procrastination

One of the most common mistakes is delaying the estate planning process. Accidents and unexpected events can happen at any time, so it’s important not to put off creating or updating your estate plan.

2. Not Having a Will or Trust

Some individuals assume that they don’t need a will or trust, especially if their estate is relatively small. However, having a clear plan in place can prevent complications and ensure that your assets are distributed according to your wishes.

3. Incomplete or Outdated Documents

Even if you have a will or trust, it’s crucial to keep these documents updated. Life events such as marriages, divorces, births, and deaths can impact your estate plan. Failing to update your documents accordingly can lead to unintended consequences.

4. Ignoring Digital Assets

In today’s digital age, it’s important to consider your digital assets, such as online accounts, social media profiles, and cryptocurrencies, in your estate plan. Specify how you want these assets to be handled or transferred.

5. Not Considering Tax Implications

Failing to consider the potential tax consequences of your estate plan can result in a significant reduction in the assets passed on to your beneficiaries. Consult with a tax professional to understand the tax implications and explore strategies to minimize taxes.

6. Choosing the Wrong Executor or Trustee

Selecting the right person to carry out your wishes is crucial. This individual, whether an executor or trustee, should be responsible, trustworthy, and capable of managing the complexities of the role.

7. Failure to Communicate Your Wishes

It’s important to communicate your estate plan and wishes to your family and beneficiaries. Lack of communication can lead to misunderstandings, disputes, and legal challenges.

8. Not Planning for Incapacity

Estate planning isn’t just about what happens after your death. It should also include provisions for incapacity, such as assigning a durable power of attorney or establishing a healthcare proxy to make decisions on your behalf if you become unable to do so.

9. Overlooking Beneficiary Designations

Certain assets, such as retirement accounts and life insurance policies, pass directly to beneficiaries outside of probate. Ensure that your beneficiary designations are up-to-date and aligned with your overall estate plan.

10. DIY Estate Planning

While there are online tools and templates for creating wills and other estate planning documents, relying solely on these without professional guidance can lead to oversights and errors. Consulting with an estate planning attorney can help ensure your plan is legally sound and tailored to your specific needs.


Effective estate planning requires careful consideration of a multitude of factors to ensure that your assets are distributed according to your wishes while minimizing the potential for conflicts and complications. Avoiding common mistakes such as procrastination, incomplete documents, and neglecting family dynamics is essential. Regular reviews of your estate plan, open communication with family members, and accounting for unforeseen circumstances contribute to a comprehensive plan. Seeking professional guidance ensures that your estate plan is not only legally sound but also adaptable to changes in your life.

Contact The Reecer Law Firm PLLC

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, TX 76210.

Estate Planning Tips for the Young Adults

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While estate planning might not be at the top of your priority list, it’s a crucial step in ensuring your hard-earned assets are handled according to your wishes. Let’s explore practical estate planning tips crafted for the younger generation.

Estate Planning
  1. Get an Early Start: Time is on your side. Starting your estate planning early gives you more control and flexibility. It’s a strategic move to safeguard your financial future.
  2. Take Inventory of Your Assets: Know what you own. List down your assets, from bank accounts to real estate. Understanding your financial landscape is the foundation of effective estate planning.
  3. Craft a No-Nonsense Will: Skip the fluff and get straight to the point. Draft a will that clearly outlines how you want your assets distributed. Keep it simple but comprehensive.
  4. Designate and Update Beneficiaries: Be intentional about your beneficiaries. Designate them for your financial accounts and keep these designations up to date, especially after significant life changes.
  5. Explore the Functionality of Trusts: Trusts are not just for the wealthy. Consider their strategic advantages in managing and distributing your assets, providing an extra layer of control.
  6. Delegate Financial Decision-Making with Power of Attorney: Life is unpredictable. Empower someone you trust with a power of attorney, allowing them to make financial decisions on your behalf if the need arises.
  7. Navigate Healthcare Decisions: Take control of your healthcare directives. Clearly communicate your medical preferences and designate someone to make healthcare decisions when you can’t.
  8. Secure the Future for Dependents: If you have dependents, plan for their future. Appoint a guardian who aligns with your values to ensure their well-being in your absence.
  9. Mind Your Digital Presence: In the age of technology, consider your digital assets. Specify what happens to your online accounts, emails, and other digital possessions.
  10. Regular Review and Adjustments: Life is dynamic, and so should be your estate plan. Regularly review and update your documents to stay in sync with your evolving life circumstances.

By initiating your financial planning, you’re on the right track. Remember, estate planning isn’t just about money; it’s about shaping your life as you envision it. Stay on course with your plans, make wise decisions, and lay the foundation for the future you’re aiming for.

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) 382-3168 or contact us for more information about how we can help you. Our office is located at 3105 Unicorn Lake Blvd., Denton, TX 76210.

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