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Texas Estate Planning, Probate and Elder Law
Resource Center

We have migrated all of the columns to our new blog on Wordpress. You can
stay here to view columns, or visit www.TexasEstateandProbate.com.

 
Notice: The Texas Estate Planning, Probate and Elder Law Resource Center answers specific legal questions asked by persons in Texas. The answers refer to Texas law, but may give readers in other states a basis for discussion with their own attorneys. You should consult with your own attorney before taking action on any legal issue. The laws change often which may render a past column outdated. Sometimes a more recent column with references to the new laws will be posted, sometimes not. The fact that you read this website does not make Paul Premack your attorney, and no warranty is made.



Premack's Articles Listed by Date Published in the Express-News

Jump to: 1989 to 2010  ♦  2011  ♦   2012  ♦  2013  ♦  2014

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2015-10-12
2015-10-27
2015-11-09
2015-11-20
2015-11-20
2015-12-11
2015-12-22
2015-12-29
2016-01-05
2016-01-11
2016-01-18
Briefs (short answers)

2014 Articles

01/20/2014 - Sister lets mom’s house waste away for lack of legal action

01/27/2014 - Is Arizona daughter allowed to be Executor?

02/03/2014 - End-of-Life issues raised by Candidates

02/10/2014 - Who gets a Lapsed Devise?

02/24/2014 - How to include Pets in your Estate Plan

03/03/2014 - Paid caretaker should not be receiving inheritance

03/17/2014 - Trust Seminar should be avoided

03/24/2014 - DNR varies depending on Patient's location




2013 Articles

01/04/2013 - Estate and Gift Tax changes in the fiscal cliff tax act

01/11/2013 - Use a Declaration of Guardian to control rogue family member

01/23/2013 - Old Bypass Wills need to be reviewed and updated ASAP

02/08/2013 - Be brave, face reality, and make an Estate Plan

02/15/2013 - Mobility issues with traditional estate planning

02/22/2013 - Mobility Trust works for mobile families

03/11/2013 - Land Title is Controlled by Probated Will

03/15/2013 - Is the basic Medical Power of Attorney good enough?

03/25/2013 - Estate Tax case to be heard by US Supreme Court

04/01/2013 - Can I claim my parent as a Dependent?

04/15/2013 - Can share of parents home be grabbed by brother? Muniment after 4 years

04/22/2013 - Will decedent's rent houses be lost (escheat) to the state?

04/29/2013 - How does divorce affect gifts made in trust?

05/06/2013 - What assets are beyond an Executor’s reach?

05/13/2013 - Additional methods to move assets beyond Executor’s reach

05/20/2013 - What is the tax impact of being an IRA beneficiary?

05/28/2013 - Small Estate Affidavit has limited utility

06/04/2013 - How does Lady Bird deed mix with Spousal Homestead rights?

06/10/2013 - Properties acquired from parents raise issues

06/17/2013 - Do Grandchildren or Great-aunt inherit?

June 2013 My Time article (PDF): Estate Taxes and Estate Planning

07/02/2013 - Coordinating your Will and your IRA beneficiary

07/09/2013 - Varieties of Powers of Attorney

07/22/2013 - Adoption status can affect claim to mineral rights

July 2013 My Time Article (PDF): Voter ID has heavy impact on Seniors

07/30/2013 - Vote by Mail is Option for Seniors who lack photo ID

08/09/2013 - Risks and Benefits of Annuities for Seniors

08/26/2013 - Upcoming HIPAA changes enhance your privacy

August 2013 My Time article (PDF): A Living Trust can save time and money

09/02/2013 - Honoring Mom’s final medical instructions

09/16/2013 - Heir’s argument avoidable with pre-planning

September 2013 My Time article (PDF): Prescriptions can expose older drivers to risk of DWI

09/30/2013 - Seniors and Obamacare (the Affordable Care Act)

10/07/2013 - Property tax exemptions when Senior’s home is in Trust

10/14/2013 - Mortgages, Survivorship Rights and Divorces

10/21/2013 - Gifting home risks being forced out by children

11/25/2013 - Must Oklahoma Will be Probated in Texas, too?

November 2013 My Time article (PDF): Obamacare and Seniors

12/02/2013 - Multiple Q&A

12/09/2013 - Mom's money misdirected for lack of instructions

12/16/2013 - Discovery of Uncle’s Will years late raises question

12/23/2013 - How to name different beneficiaries for your estate

 

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2012 Articles

01/02/2012 - 2012 Estate Tax and Gift Tax Exemption is Temporary

01/09/2012 - Can grandson initiate electronic surveillance of grandmother?

01/16/2012 - Parents ask about legal issues for daughter working outside US

01/23/2012 - New Grandparent: How can I legally help my son now that he's a parent?

01/30/2012 - What tax-favored educational savings programs are available

02/06/2012 - There are multiple downsides to receiving a house by gift

02/13/2012 - Specialized Life Estate Deed is better option for transfer of house

02/20/2012 - Federal Budget Proposal gives hints on future Estate Tax rates

02/27/2012 - 66-year old ponders pros and cons of getting married

03/05/2012 - Separate Property inheritance can be converted to Community Property

03/12/2012 - Register Online to become an organ donor

03/19/2012 - Does Life Estate Deed allow son to run cattle on dad's land?

03/26/2012 - Did husband create Community Property with gift?

04/02/2012 - How does disgruntled patient get hold of his medical records?

04/09/2012 - Downloaded flawed power of attorney causes expensive problems

04/16/2012 - Ademption: does sale of mom's house void gift of the house under her Will?

04/23/2012 - Who has legal authority to start a probate?

04/30/2012 - What effect does divorce have on Will and POAs?

05/07/2012 - How do I set up bank accounts in a safe fashion?

05/14/2012 - All home owners should have Wills. Period.

05/21/2012 - How can non-traditional couples use legal powers spouses have?

05/28/2012 - Can caretaker/child get larger share of estate?

06/04/2012 - Does mom's trust protect inheritance from creditors?

06/11/2012 - Does son who died shortly after mother still inherit?

06/18/2012 - Two federal courts rule DOMA is unconstitutional

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07/02/2012 - Prepare now or your right to vote may be denied

07/09/2012 - Growing use of online services poses dilemma

07/16/2012 - Are Social Security, Military Hospitals and Obamacare Socialist programs?

07/23/2012 - Can elderly couple do any Asset Protection planning?

08/06/2012 - How do you revoke a Durable Power of Attorney?

08/17/2012 - Will needs controls for minor grandson

08/27/2012 - Portability of the Spousal Estate Tax Exemption

09/07/2012 - Land title determined by probate status

09/14/2012 - Can I save money with a DIY or Online Will?

09/21/2012 - More reasons to do-it-right instead of do-it-yourself

09/28/2012 - Cousin feels she should get house after being caregiver

10/08/2012 - Ways to avoid losing your home to Medicaid

10/22/2012 - Is 50 year-old Will still viable?

10/29/2012 - Should widow take probate advice from attorney stepson?

11/02/2012 - Finish making big-money gifts in 2012

11/12/2012 - Smart drivers need to know when to quit driving

11/30/2012 - Death of both parents raises probate issues

12/14/2012 - Can non-Texan be Executor?

12/21/2012 - Where can I safely store the original of my Will?

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2011 Articles

01/07/2011 - Can daughter control visits to ill mother from other kids?

01/14/2011 - Millions in Land calls for careful estate tax plan

01/21/2011 - How Long does Power of Attorney continue?

01/28/2011 - Who pays Property Taxes, 2d-wife or decedent's children?

02/08/2011 - How do Mortgage and Medicaid affect plan to gift house?

02/18/2011 - When you move to Texas, update your Will!

02/28/2011 - Why you should avoid unlicensed legal form websites

03/07/2011 - Is document that mashes-up legal concepts valid?

03/14/2011 - Family Splits into warring factions with mom in command

03/21/2011 - Unrecorded quitclaim deed is poor estate plan

03/28/2011 - Mothers-Daughters ask how to co-own houses

04/15/2011 - Medicaid: How a Living Trust impacts ability to qualify

04/25/2011 - Bigamist wife tries to take control

05/02/2011 - Mom lets son manipulate her into potential family conflict

05/09/2011 - Now is the time to make your Will

05/23/2011 - Does transgender status affect inheritance rights?

05/27/2011 - Is there a $15k Obamacare tax when I sell my house?

06/03/2011 - Why is bank demanding a doctor's letter for wife to use POA?

06/10/2011 - Will lenders foreclose after mother dies?

06/17/2011 - There is no free lunch; approach Trust seminar with caution

06/24/2011 - Does Affidavit Override Mom's Will?

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07/01/2011 - Can 2d husband grab title to house from incapacitated wife?

07/11/2011 - More on Springing Durable Powers of Attorney

07/15/2011 - Right of Survivorship versus your Will - what dominates?

07/22/2011 - In conflict between Dad’s kids and his second wife, who gets the house?

07/29/2011 - Arguing heirs-at-law must face property tax issues

08/05/2011 - Can I Probate this Will without a Lawyer?

08/12/2001 - A tale of two houses, two parents and five daughters

08/19/2011 - Estate Planning should be an integral part of Medicaid Planning (1)

08/26/2011 - Estate Planning should be an integral part of Medicaid Planning (2)

09/02/2011 - What are the legal formalities for changing a Will?

09/09/2011 - Selling Home when Mom has Alzheimer’s

09/16/2011 - Jilted family still hungers for Uncle Joe's millions

09/23/2011 - Can estate Inventory be kept private after Mom dies?

09/30/2011 - Does a Lady Bird deed trump instructions in the Will?

10/12/2011 - Is this battle sibling rivalry or parental choice?

10/21/2011 - Why is the state disregarding Dad's Will?

10/28/2011 - Election may affect surviving spouses, students and taxpayers

11/04/2011 - More on the final 5 ballot proposals

11/11/2011 - Foreclosure is a definite concern if probate not handled properly

11/18/2011 - How does a power of attorney fare when guardianship is filed?

11/28/2011 - Is Husband's undated holographic will legally valid?

12/05/2011 - Can Grandparent make minor grandson's legal decisions?

12/12/2011 - How can wife sell home when husband is disabled?

12/19/2011 - How can spouse sell house when there is no POA?

12/26/2011 - How can spouse use a trust to sell house?

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1989-2010, Select Articles

10/13/1989 - Over 65 Homeowners Eligible for Tax Deferments

10/20/1989 - Community Property Survivorship Agreement

10/27/1989 - Document Provides Power to Act in Health Crisis

11/03/1989 - You Must Replace Living Will with Natural Death Directive

11/10/1989 - Durable Power of Attorney Saves Time, Money

11/24/1989 - Selecting Your Own Guardian Protects Your Interests

05/11/1990 - Divorce Invalidates Certain Will Provisions

01/18/1991 - Business Structures for the Self Employed

07/03/1992 - Most Trusts Not Medicaid Help

05/14/1993 - How to Handle Estate Plan during Divorce

08/19/1994 - Can Loss of Legal Rights be Reversed?

01/18/1996 - Effect of Gifts to Spouse on Estate Tax

02/29/1996 - Daughter: Mom Can't Do This! (Can She?)

08/29/1996 - Transferring Assets to Get Medicaid becomes a Crime

10/10/1996 - Refusing Resuscitation is Legal

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12/26/1996 - Medicaid Asset Protection

02/27/1997 - Time to Repeal Medicaid Criminalization Law

08/22/1997 - Homestead 65+ Benefits

10/10/1997 - What can a Will do for My Mother?

12/12/1997 - The U.S. Bill of Rights

01/30/1998 - Do Mid-size Estates always Avoid Probate?

09/04/1998 - Informal Adoption and Inheritance

11/06/1998 - How Broad Is Your Right to Access Medical Records?

12/11/1998 - Texas Inheritance Tax

02/05/1999 - Is Will Preparation Software Illegal in Texas?

03/05/1999 - Miller Trust (Qualified Income Trust)

06/04/1999 - New Advance Medical Directives Act

09/10/1999 - Community Property Created by Agreement

10/01/1999 - Was Springing Power of Attorney Valid before 1993?

01/21/2000 - How Does Life Estate Work?

06/09/2000 - Do Not Resuscitate Orders

09/22/2000 - Reverse Mortgage Counseling

12/22/2000 - Options to Qualify for Medicaid

04/06/2001 - Moving to Texas and Updating Advance Directives

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07/13/2001 - Bush's Estate Tax Repeal is only Temporary

10/17/2001 - Agents About to Have New Liabilities and Responsibilities

05/03/2002 - How are Executor's Fees Handled?

07/12/2002 - Long-Distance Financial Management for Ailing Parent

12/10/2002 - Guardianship: Options and Process

02/04/2003 - Capacity to Sign Legal Documents

08/19/2003 - More on Muniment of Title

01/06/2004 - The Part B Premium Surtax

03/16/2004 - Probate Avoidance with Survivorship

07 20/2004 - Who makes funeral decisions?

01/11/2005 - Must all wills be probated?

05/10/2005 - Coexecutors - and - Miller Trusts

06/14/2005 - Using software or forms for a will

11/08/2005 - Preparing a Will for a family member

12/27/2005 - Trust Mills are Illegal

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01/31/2006 - Daughter has no right to inherit

07/11/2006 - Probate to Transfer Title

09/19/2006 - Surviving  Spouse homestead issues

12/26/2006 - Presumption of Competence

01/23/2007 - Who can File Will for Probate?

05/29/2007 -  Overcoming the Statute of Limitations on Probate

07/17/2007 - Initiating the probate process

07/24/2007 - Claims and Distributions in a probate

10/23/2007 - Limits on Probate and Executor

01/08/2008 - Am I Liable for Dad's Medical Bills?

02/05/2008 - Devisees Can Find Out What Will States

03/18/2008 - Limits on Probate as Muniment of Title

04/01/2008 - Venue for Probate

04/15/2008 - *Probate Notices & *Retention of finished probate records

05/20/2008 - *Divorce can end trust & *Medicare is not Medicaid

06/03/2008 - Look to Affidavit of Heirship for Answers

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06/10/2008 - Savings Bonds May Pass on Death

07/08/2008 - Department of Health Comments a Little Too Reassuring

01/27/2009 - Trust Can Solve Second Family Dilemna

03/24/2009 - Q&A on Living Trusts, Part 1

03/31/2009 - Q&A on Living Trusts, Part 2

05/26/2009 - Plain Statutory Durable POA is Flawed

2009 10 27 - Power of Attorney must be DURABLE to Help

2009 12 11 - Plan now for the future care of your Pets

12/25/2009 - Driving is a privilege, not a right

01/01/2010 - Deferral of Property Tax may Violate Agreement

03/19/2010 - Lady Bird Deed not just for Medicaid

07/12/2010 - Never never prepare a Will for yourself or for a family member

12/24/2010 - Estate Tax: 2011-2012 Tax Exemptions

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