Legal and family matters · 10 guides
Estate Planning Law: problems and fixes, explained by Marshall
Marshall Medlin is the only estate planning law member of BNI Preston Center. These guides are written for a Dallas–Fort Worth reader who has the problem right now: what is happening, what to check, when to call, and what it costs.
- Your will does nothing while you are alive: powers of attorney and medical directives Most people plan for death and forget about a stroke, an accident or dementia. Three short documents decide who can act for you while you are alive, and Texas has specific rules for each. Yes, and they matter as much as the willThe durable power of attorney: who handles your moneyWhen a financial power of attorney endsThe medical power of attorney: who speaks to your doctors
- Writing your own will in Texas: what the law accepts and where homemade wills fail Texas law lets you write your own will, and some people should. Here is what the law requires, where homemade wills most often go wrong, and how to tell which group you are in. Yes, Texas lets you write your own willWhat Texas requires for a valid willHandwritten wills, and the self-proving step most people skipWhere do-it-yourself wills go wrong
- Will or living trust in Texas: which one your family actually needs Living trusts are sold hard, and some families truly need one. Many Texas families do just as well with a well-drafted will. Here is how to tell which group you are in. For many Texas families, a good will is enoughHow each document worksWhy probate is less frightening here than its reputationAssets that skip probate either way
- What a will or estate plan costs in Dallas, and what actually moves the price The price of an estate plan depends far more on the family and the property than on the size of the estate. Here is what moves it, and how to ask about fees without guessing. The short answer: complexity sets the price, not wealthWhat is usually inside a basic planSeven things that push the fee up or downA will or a trust is the biggest single decision
- Is your will out of date? The life changes that mean it no longer fits A will can be perfectly valid and still do the wrong thing. These are the changes that mean yours deserves a fresh look, and how to review it in an evening. If your life has changed since you signed, your will probably needs a lookChanges in the familyWhat Texas law does on its own after a divorceChanges in what you own
- Five things Texas families believe about wills and inheritance that are not true Most estate planning mistakes start with something everyone "knows." Here are five beliefs I hear constantly from Texas families, and what actually happens. Two of the most common beliefs are both wrongMyth one: "If I have a will, my family avoids probate"Myth two: "My spouse will get everything anyway"Myth three: "My will decides who gets everything I own"
- Before you hire an estate planning attorney: the questions worth asking first Most people pick an estate planning attorney on a name and a price. A handful of direct questions tells you far more about whether the plan will work when your family needs it. The questions that matter mostStart by checking the licenseAsk how much of the practice is wills, trusts and probateFind out who will actually do the work
- A transfer on death deed for your Texas house: when it helps and when it backfires A transfer on death deed is one of the simplest tools in Texas law for passing a house without probate. It is also easy to get wrong. Here is how it works and who should think twice. It can be a good tool, if your situation is simpleHow the deed actually worksThe requirements that cannot be skippedDebts, mortgages and the house
- A parent has died in Dallas: what probate involves, from the first week to closing When a parent dies, the family is suddenly asked to make legal decisions while grieving. This is the plain sequence of probate in Dallas County, and what can safely wait. The sequence in plain termsThe first two weeks: what actually needs doingSort what goes through probate from what does notThe options Texas offers, from lightest to fullest
- What happens to a Texas family's house, accounts and children if there is no will Most adults who have not written a will assume the state will do roughly what they would have wanted. Here is what actually happens, and what a basic plan takes. The assumption that the state will sort it out sensiblyWhat Texas does with each piece when there is no willWhat happens to minor children, and to money left to themWhat the family has to do: a plain picture of probate without a will