Integrity Law Group PLLC

Types of Power of Attorney: Understanding the Different Levels of Authority You Can Grant

When people consider the different estate planning documents they need, they often think of wills or trusts. Although these are important tools that can help distribute your property to your beneficiaries after you pass away and name guardians for your minor children, they will not protect you during your lifetime. In order to obtain this type of legal protection, you need to draft a power of attorney (POA). 

Many people have heard of POAs, but they are not aware of exactly what they do or that there are different types in Texas. Below, our Houston estate planning lawyer explains POAs in more detail.

What is a Power of Attorney in Texas?

A power of attorney is an important legal document. It gives an individual, known as the agent, to act on behalf of someone else, known as the principal. There are many different situations that may require an agent to act on a principal’s behalf, which is why there are so many different types available in Texas. Regardless of the types of POAs a person chooses to create, they all have one thing in common. With the aging population in Texas, these legal documents are becoming more and more important. 

Legal Requirements on POAs in Texas

Like all legal documents, state law places strict requirements on any power of attorney in order for a court to deem it enforceable. One of the main requirements is that the principal must understand the consequences of drafting and signing a power of attorney. They must also enter into the agreement voluntarily. Unlike wills, powers of attorney must also be notarized, verifying their validity. These requirements must be met, regardless of the type of power of attorney being drafted. A Houston estate planning lawyer can ensure that you meet the requirements when drafting your power of attorney.

Durable or General Power of Attorney

A durable or general power of attorney will usually stand in most situations. These documents provide the agent with universal powers until the power is revoked or the demise of the principal. For example, an agent has the authority to sign legal documents or manage the financial affairs of the principal with a durable or general power of attorney. However, the principal must be of sound mind at the time of drafting the POA or the document is void.

Special or Limited Power of Attorney

Unlike a general or durable power of attorney, a special or limited POA limits the authority of the agent to a very specific task, situation, or duration. Principals often draft these types of POAs when they are away or unable to manage a particular transaction. For example, a principal may have an investment property they need to manage while they travel overseas. They may appoint an agent with a limited power of attorney to act only in that situation and only for the duration of time while they are away.

Medical Power of Attorney

A medical power of attorney allows a principal to appoint an agent to make medical decisions on their behalf. This type of POA is activated when the principal is medically incapacitated and cannot make healthcare decisions for themselves. For example, if a principal is in a coma, the designated agent in the medical POA can make healthcare decisions for them. Medical POAs benefit not only the principal but also the principal’s family, who would otherwise have to make difficult decisions for their loved ones.

Springing Power of Attorney

A springing power of attorney works slightly differently from the others listed above. These powers of attorney only go into effect at a specific period of time. Although this is true with other types of POAs as well, the time period is much more specific in a springing power of attorney.

For example, a durable power of attorney may authorize an agent to act on a principal’s behalf any time they become incapacitated. A principal, though, may choose to draft a springing power of attorney after they are diagnosed with Alzheimer’s disease. The springing power of attorney may only ‘spring’ into effect when the principal advances into the later stages of the disease. A springing power of attorney often requires a court order or a detailed medical report, which places a heavier burden of proof on the agent.

What Type of Power of Attorney is Right for You?

Choosing the right type of power of attorney depends on your own personal situation and the scenarios you may face in the future. If you have complicated financial affairs, you may benefit most from a durable or general power of attorney. This provides the agent with broad authority to sign legal documents and ensure that matters are managed accordingly even if the principal is incapacitated or absent.

On the other hand, if there is a need to appoint an agent for a specific action during a specific period of time, a special or limited power of attorney may be more appropriate. A special power of attorney allows you to delegate specific tasks while still retaining control over other aspects of your life.

If you prioritize medical decisions, it may be more important to incorporate a medical power of attorney into your estate plan. This type of POA will ensure that your chosen representatives can make important healthcare decisions that are aligned with your directives.

If you only need to assign a POA to act in very specific situations, a springing power of attorney may be more suitable for you. Essentially, gaining clarity on the possibilities of each type of power of attorney can help you make an informed choice.

Our Estate Planning Lawyer in Houston Can Draft Your POA

While you are not legally required to work with a Houston estate planning lawyer when drafting your power of attorney, it is always recommended that you do. At Integrity Law Group, PLLC, our experienced attorney can advise on the type of document that may be right for you and draft it so it is enforceable by the court. Call us today at (832) 280-9197 or fill out our online form to schedule a consultation and get the legal help you need.

Estate Planning for Blended Families: Ensuring Fair Inheritance for All

In Texas, estate planning is the process of organizing your assets to ensure they are managed and distributed efficiently if you pass away or become incapacitated. You will have many important decisions to make regarding financial assets, property transfers, and who you will designate to make important decisions on your behalf if you are ever unable to do so.

Today, blended families are more common than they ever have been. While these family situations are a blessing, they can also create some complications when creating your estate plan. Below, our Houston estate planning attorney outlines some of the most important factors to consider when creating your plan to protect your family.

Why is Estate Planning So Important for Blended Families?

The term ‘blended family’ refers to a situation in which two people remarry or live together with children they have from a previous relationship. The spouses in these situations become stepparents to the children they live with but are not biologically related to. Siblings then become step-siblings or half-siblings. If two children are in no way biologically related, they are step-siblings. When two children share one parent but not the other, they are half-siblings.

Many parents in blended families wonder if their stepchildren have any legal inheritance rights. In Texas, the answer is no. The intestacy laws in the Lone Star State make no stipulations for stepchildren. For parents in blended families, this makes estate planning critical to ensure that all of their children are cared for and supported in the future and that people do not receive inheritances that were not intended for them. To ensure that all of your loved ones are protected and that your final wishes are respected, there are some important elements to include in your estate plan.

Openly Communicate

Communication is an important part of estate planning for any family. For blended families, it is even more critical. It is important to discuss your wishes with your spouse, children, stepchildren, and anyone else who has an interest in your estate plan. Making sure everyone is involved in the planning process can help manage expectations, address concerns, and reduce the potential for conflicts in the future.

Updating Beneficiary Designations

You may have retirement accounts, life insurance policies, and bank accounts that have a beneficiary designation or a payable-on-death (POD) or transfer-on-death (TOD) designation. During the estate planning process and at regular intervals afterward, it is critical that you review these designations. Overlooking them can result in unintended consequences, such as leaving an inheritance for your former spouse instead of your children, stepchildren, and current spouse.

Draft a Will

Creating a comprehensive will is one of the first things many do when they start estate planning, as these legal documents often lay the foundation for the rest of the plan. Many people understand that a will allows them to outline how they want their assets distributed after they pass away. However, a will can do so much more than just this. 

In your will, you can designate a personal representative, the person who will manage your estate, while also naming a guardian for any minor biological children and stepchildren. Designating a guardian for minor children is also more complicated in blended families. It is important to consider the dynamics between the biological parent, stepparent, stepchildren, and extended family members. Texas places very strict laws on wills, so it is important to work with a Houston estate planning attorney who can ensure your final wishes are fulfilled.

Establish Trusts

Trusts are one of the most important estate planning tools for blended families. A trust can hold and distribute property for specific beneficiaries while allowing you to retain control of distribution methods and timing. For example, after establishing a trust, you can provide for your current spouse throughout their lifetime while protecting property for distribution to your stepchildren and biological children after your spouse passes away. There are many different types of trusts in Texas, including revocable and irrevocable trusts. 

Plan for Long-Term Care

The cost of long-term care, should you or your spouse ever need it, is very expensive. It can cost $100,000 a year or even more. Long-term care insurance and Medicaid planning should always be a part of your estate plan. Long-term care planning is extremely complex, and there are many rules and regulations associated with it. You should always work with an attorney who can ensure you and your family have the protection you need.

Update Advance Directives

Advance directives such as powers of attorney, do-not-resuscitate orders, and directives to physicians, family, or surrogates are all important for blended families. These directives outline your wishes for the certain types of care you do or do not want to receive. They are particularly important if you become incapacitated and cannot express your wishes yourself. Incapacitation can result from a physical or mental disability, but it can also result in something more minor, such as being put under general anesthesia during surgery. With an advance directive, you appoint someone you trust to make decisions on your behalf in these types of situations.

If you do not already have these important legal documents in place, now is the time to create them. If you have already created them, it is just as important that you review them to ensure they still reflect your wishes. For example, if you drafted an advance directive during a previous marriage, you may have designated your then-spouse as your agent and may no longer want them making decisions for you if you cannot make them yourself.

Our Estate Planning Attorney in Houston Can Help

Estate planning always has the potential to become complex. Those in blended families, however, face even more unique challenges. At Integrity Law Group, PLC, our Houston estate planning attorney can help you overcome any difficulties that arise and ensure you have a plan that protects you and your loved ones. Call us today at (832) 280-9576 or fill out our online form to schedule a meeting with our seasoned attorney and get the legal help you need.

Wills vs. Trusts: Choosing the Right Estate Planning Tool for You

Wills and trusts are both important legal tools used to transfer property to your loved ones after you pass away. If you are thinking about drafting your estate plan, you may have wondered whether you need a will, a trust, or both. Both of these legal documents have many benefits, and it is important to understand their purposes so you can determine which one is right for you. Below, our Houston estate planning lawyer explains more about wills and trusts so you can make the decision right for you.

What is a Will?

A will is a legal document that allows you to express your wishes regarding who should inherit your property upon your death. You are not required to draft a will. If you do not, however, your property will be distributed according to the intestate laws in Texas. Primarily, these laws divide your property between your spouse and your children. While these laws may align with your wishes, that is not always the case. By drafting a will, you can specify a different distribution, including giving to charity, leaving property for friends or other family members, or even disinheriting a child.

After you pass away, your executor is required to submit your will with the probate court. This begins the probate process, during which your estate will be managed and distributed according to your wishes. One of the first steps of the probate process is proving the will, which essentially confirms its validity. This may involve a judge interviewing witnesses and obtaining an understanding of your mental state at the time the will was drafted.

Once the will has been proved, the court will authorize the executor to pay your taxes, expenses, and bills with the proceeds in the estate. After these expenses have been paid, the executor will then distribute your property according to the instructions in your will.

Wills have a larger purpose than just ensuring your property is distributed according to your wishes. In your will, you can also name a guardian for your younger children who will raise them and care for them. Without a will, the court will make a decision regarding guardianship for your child, and the person the court chooses may also not align with your wishes.

What is a Trust?

Trusts are another option that allow you to transfer your property after you pass away. You can draft a testamentary trust or a living trust. A testamentary trust transfers your property through a provision within your will. A living trust allows you to fund the trust by transferring property to it. All trusts are managed by a trustee, who is usually the person who created it. You will then name a successor trustee who will distribute the property within the trust according to your wishes upon your death.

To draft a trust, you must execute a document that contains instructions for how the property within the trust should be transferred. You must also transfer property to the trust properly, which generally requires you to retitle the assets. The property then technically belongs to the trust and not you. While you can still manage the property within a trust during your lifetime, it will not be subject to probate because you are not the legal owner.

As the person who creates the trust, you are known as the ‘grantor’ or the ‘settlor.’ The person who manages the trust is known as the ‘trustee.’ Trustees have certain legal obligations, such as following the instructions within the trust and distributing property to the beneficiaries named in the trust.

You can create either an irrevocable or revocable trust. An irrevocable trust cannot be changed once it is executed, while revocable trusts can be modified at any time. Revocable trusts also allow you to designate yourself as the trustee and beneficiary of the trust throughout your lifetime.

Creating a trust is more complex than drafting a will, and there are also more upfront costs. It is always advised that you work with a Houston estate planning lawyer who can ensure no mistakes are made so your wishes are respected.

A Will or Trust: Which is Right for You?

When you draft a will, you can outline how you want your property distributed without the need to transfer ownership to a trustee. A will may make it easier to control your own property during your lifetime. For example, you can leave half of your estate to your spouse and half to your child after you pass away, but you still legally own the property while you are alive.

When executing a trust, you must transfer property into the trust. Issues can arise if you forget to transfer a title or include an asset. With a will, you are not required to change ownership of the property. Wills are also often less expensive to execute because they are simpler to prepare.

On the other hand, any assets you place into a trust are not subject to the probate process. Your successor trustee can distribute the property automatically according to the instructions contained within the trust. This can help your loved ones avoid the contest to your will and receive their inheritance more quickly.

Additionally, a trust allows your loved ones access to your property if you become disabled or incapacitated. You can arrange a trust so your trustee has the authority to manage the assets if you are unable to do so. You can also include a ‘pour-over’ provision in your will that transfers property into the trust upon your death.

Our Estate Planning Lawyer in Houston Provides Sound Legal Advice

While all adults should draft a will, only a Houston estate planning lawyer can determine if a trust is right for you. At Integrity Law Group, PLLC, our experienced attorney can review your situation, determine what documents you need, and ensure they are executed properly so you are fully protected. Call us now at (832) 263-1828 or fill out our online form to schedule a consultation and learn more about how we can help.

Understanding Compensation in Personal Injury Cases: What You Need to Know

Car crashes, slip and falls, and medical malpractice are just a few examples of accidents that can result in serious injuries. If you have been hurt, and the accident was caused by another person’s negligence, you may be entitled to damages, or financial compensation. Below, our Houston personal injury lawyer explains the types of damages that may be available in your case.

What are Damages in a Personal Injury Case?

Even the highest courts cannot undo the injuries or harm you suffered due to another person’s negligence. The only remedy then, is to award you damages that can compensate for the physical, emotional, and financial harm you sustained. In Texas, there are three different types of damages you may be eligible for. These are economic, non-economic, and punitive damages.

Economic Damages in Personal Injury Cases

After an accident, you will incur many expenses and financial losses. Economic damages are those that have an actual dollar value and so, they are fairly easy to calculate. Common types of economic damages in personal injury cases are as follows:

  • The cost of medical treatment and care, including physical, occupational, and rehabilitative therapy,
  • Lost income, including wages, salaries, bonuses, and benefits,
  • The cost of household services and personal care,
  • Out-of-pocket expenses,
  • Property damage, and
  • In-home care.

If your accident caused a permanent disability, you may also obtain damages for the following:

  • Reduced earning capacity, if you cannot return to the same line of work in the future,
  • Ongoing medical expenses, and
  • The cost of long-term personal care, nursing facility, or in-home care.

A Houston personal injury lawyer will document your expenses and financial losses to ensure you receive the maximum economic damages you are entitled to.

Non-Economic Damages in Personal Injury Cases

While many of the damages you incur will have a quantifiable dollar value, others will not. These damages are known as non-economic damages. Common examples of non-economic damages in personal injury cases are as follows:

  • Physical pain and discomfort,
  • Mental anguish,
  • Emotional distress,
  • Loss of enjoyment of life,
  • Diminished quality of life,
  • Permanent disfigurement or scarring, and
  • Disabilities and impairments.

Due to the fact that non-economic damages do not have a concrete dollar value, they are very difficult to calculate. A Houston personal injury lawyer will know how to accurately value your claim so you obtain the maximum compensation you deserve.

Punitive Damages in Personal Injury Claims

The third type of damages available in some personal injury claims is punitive damages. Unlike economic and non-economic damages, these are not meant to compensate you for your losses. Instead, they are intended to punish defendants for certain types of wrongdoing and to deter them from acting in a similar manner in the future.

To receive punitive damages, you must prove by clear and convincing evidence that the defendant acted with gross negligence, malice, or fraud. A case must also have specific circumstances in order for punitive damages to apply, and the burden of proof is also much higher. For these reasons, punitive damages are rarely awarded in personal injury cases.

Factors that Impact Damages in Personal Injury Cases

There are many factors that will impact the amount of damages you receive in your personal injury claim. These include:

  • The extent and nature of the injuries you sustained,
  • The severity of disabilities and impairments caused by your injuries,
  • Whether you can work and earn an income,
  • The duration of your expected recovery period,
  • The extent to which the injuries have disrupted your life,
  • The type of treatment you need for your injuries, and
  • If your injuries have adversely affected your ability to maintain and engage in your personal relationships.

Essentially, the more an injury has negatively affected your life, the greater the amount of damages you deserve.

Caps on Damages in Personal Injury Cases

As in many other states, Texas law places a cap, or limit, on the amount of certain damages you can receive. If you were hurt by medical malpractice, non-economic damages are capped at $250,000 from a single medical provider. However, if you were hurt by multiple facilities, you can file a claim against each of them and receive up to $250,000 in each claim. Still, the overall cap on non-economic damages in medical malpractice claims is $750,000. There is no cap on economic damages in medical malpractice claims.

When punitive damages are available in a case, they are capped at $200,000 or two times the value of economic damages, whichever is greater.

How Does Comparative Fault Affect Damages?

There are times when accident victims contribute to the accident. For example, you may have been distracted while driving, and you did not see that another driver was not going to stop for a red light. In this instance, you and the other motorist may be found at fault. Distracted driving is not typically viewed as serious an offense as running a red light, and you may be assigned 25% of the blame while the other driver is assigned 75% of the blame.

Under the comparative fault law in Texas, you can still receive damages in a personal injury claim as long as you are less than 51% at fault for the accident. However, the same percentage of your own fault will be reduced from the total damages you receive.

Insurance adjusters often try to shift the blame to accident victims to reduce the total amount of damages they are liable for paying. This is one reason it is so critical to work with a Houston personal injury lawyer who can refute these claims and ensure that you receive the full damages that are rightfully yours.

Call Our Personal Injury Lawyer in Houston Today

After an accident, you may be entitled to a number of different types of damages. At Integrity Law Group, PLLC, our Houston personal injury lawyer can accurately value your claim to determine the full amount of damages you are entitled to and will guide you through the process of obtaining them. Call us today at (832) 280-9576 or fill out our online form to schedule a consultation and get the legal help you need.

Securing Your Legacy: The Advantages of Estate Planning

It is a common misconception that estate planning is only appropriate for the wealthy or people of a certain age, but these are common misconceptions. The main benefit of having an estate plan in place is to ensure that your last wishes are executed in the event that you pass away. Without an estate plan, your property is unprotected and the intestate succession laws will apply. This means people may inherit your assets, and those people may not align with your wishes.

In addition to making sure the appropriate loved ones receive their inheritance, an estate plan can also protect your beneficiaries from certain taxes and other legal requirements. Below, our Houston estate planning attorney outlines more benefits of having a plan in place.

Eliminate the Need for Your Family to Make Hard Decisions

Estate planning can provide your family with the peace of mind they will need following your death. If you do not have an estate plan in place, your family members will have to determine who will inherit certain property of yours, and this is often extremely stressful for families. By taking the time to create a comprehensive estate plan, you will retain control over what will happen to your property after you pass away.

Also, if you ever become incapacitated at some point in the future, your family will also have to make important medical decisions on your behalf. These decisions are also very difficult and your family may not know of your wishes. Through an estate plan, you can create a will, power of attorney, health care proxy, and a medical power of attorney. These important legal documents can dictate these decisions, so your loved ones do not have to make them. They can also give you the peace of mind you need during your lifetime.

Protect Your Children

If you still have minor children, an estate plan can determine what will happen to them if you pass away or become incapacitated and cannot care for them. For many parents, choosing a guardian for minor children is the most important aspect of estate planning. This is a decision that requires serious thought, as the impact on your children will be significant. Most parents want to make this decision on their own instead of the courts making the decision for them.

There are certain priorities the Texas courts give to family members when making decisions about guardianship. For example, in most cases, the courts will appoint a grandparent to become a guardian in the event that neither parent can care for their children. If you want someone else to become guardian of your children, it is critical that you create an estate plan that makes your wishes known.

Limit Taxes and Legal Fees

If you include certain documents in your estate plan, it can allow your beneficiaries to receive their inheritance in a timely manner. A trust, for example, will protect your family members from going through the probate process which can include legal fees, court costs, and attorney fees. Probate is not only an expensive process, but it is also a lengthy one. If your entire estate has to go through probate, it can take a long time for your beneficiaries to receive their inheritance.

Trusts do not have to go through the probate process and so, the inheritance you left for loved ones can be distributed to them directly. It is important to work with a Houston estate planning lawyer who can advise on the best ways to limit taxes and legal fees.

Make Specific Bequests

Individuals commonly want to include certain bequests in their estate plan. Bequests are any gifts given to beneficiaries as part of a will. Bequests can include prized vehicles, art collections, family heirlooms, antiques, and more. There are also many different types of bequests. For example, a residuary bequest grants a person any remaining portion of the estate once all other property has been distributed.

Name Your Own Personal Representative

One of the most important aspects of any estate planning is the naming of a personal representative. A personal representative of any estate has many responsibilities. They must pay the expenses and final costs of the deceased, manage the estate, handle creditor claims, and more. Personal representatives have a fiduciary duty to act in the best interests of the estate, so it is essential that the person you choose is trustworthy.

Without an estate plan in place, the court will name a personal representative on your behalf. This may not be the person you would have chosen. Creating an estate plan during your lifetime will give you the reassurance that upon your death, your personal representative will be someone you trust to make the best decisions.

Continue Business Operations After Your Death

If you own and operate a business and you do not create an estate plan, there is a real possibility that your death may cause the business to shut down. This will not only create unnecessary financial hardship and stress for your loved ones, but it may also lead to your legacy being unprotected. If you do want to pass your business down to a loved one as an inheritance, creating an estate plan will ensure they receive it after your death and that your legacy will be protected. An estate plan can also leave specific instructions for the family member you want to take over the business, so they can run it just as successfully as you did.

Call Our Estate Planning Lawyer in Houston to Get Started Today

Regardless of your situation, it is essential that all adults have an estate plan in place. At Integrity Law Group, PLLC, our Houston estate planning lawyer can help you draft the important documents that will help your family members make difficult decisions, and that will ensure your final wishes are fulfilled. Call us now at (832) 280-8874 or contact us online to request a consultation with our experienced attorney and to obtain the legal advice you need.

Estate Planning 101: Answering the Top Five Questions

You have likely heard about estate planning and the importance of it. Considering that estate planning encompasses wills, powers of attorney, and thinking about the probate process, it is not always straightforward. If you have thought about planning for your estate, you likely have many questions. Below, our Houston estate planning lawyer outlines the five most common questions we hear and the answers to them.

When Should You Create an Estate Plan?

Planning your estate is a task that is easy to keep putting off. Many people think there is not an urgent need to plan their estate, particularly if they do not have a family or have not amassed a substantial amount of wealth. However, this is not the case. You should consider planning your estate as important as planning for retirement, health care, and your finances.

All adults can benefit immensely from a comprehensive estate plan. Of course, if you have a lot of assets, it is even more important to have an estate plan in place. Likewise, if you have minor children, you should create an estate plan that names the guardian you would like to raise and care for them. Still, having substantial property or a family is certainly not a prerequisite for creating an estate plan. If you are an adult, you need an estate plan, regardless of your income, assets, or age.

Should You Share Details of Your Estate Plan With Loved Ones?

Whether you share the details of your estate plan with your loved ones or not is a personal decision. It can be uncomfortable to discuss your final wishes with your family members, and they may not even be open to hearing about it. Still, discussing your estate plan with loved ones does have many benefits.

For example, if there are people you think will be unhappy with your estate plan, now may be the time for transparency. You can explain your reasoning for the decisions you made, and it may even help your beneficiaries avoid challenges and contests to your will or other parts of your estate plan in the future. Instead, you can deal with any disputes directly now.

What Tools Should You Include in Your Estate Plan?

It is no small task to plan your estate, as it needs to be specific to you and your own personal situation. Due to the fact that everyone has different circumstances and, therefore, they require a unique estate plan, there are no real requirements to include. Still, there are some elements that are commonly included in estate plans. These include:

  • Your last will and testament, which is often the foundation of many estate plans,
  • Trusts, such as testamentary trusts, asset protection trusts, Crummey trusts, special needs trusts, charitable trusts, and more,
  • Funeral arrangements,
  • Retirement planning,
  • Medicaid and Medicare planning, and 
  • Advanced health directives, such as health care power of attorney and medical power of attorney

You may not need to include all of the above elements in your estate plan. You may also give some elements more importance and precedence than others, depending on your own personal situation. For example, if you have health concerns, you should include provisions in the event that you become incapacitated. If your assets largely include real estate properties, on the other hand, you may be more concerned about creating trusts that will protect those assets now and in the future. You should always speak to a Houston estate planning lawyer who can advise on the elements that may be most important for your plan.

Should You Include a Durable Power of Attorney in Your Estate Plan?

A durable power of attorney gives another person the legal authority to make decisions for you in the event that you cannot make them for yourself. If you do not include a durable power of attorney in your estate plan, the court will appoint one for you if you become incapacitated. The court may not appoint someone that you would have chosen, and the court process can be more costly than simply drafting a durable power of attorney.

When choosing a power of attorney, it is critical that you name someone you trust implicitly. They will have your safety and well-being in their hands, and you want to make sure they understand and will carry out your wishes. Being someone’s power of attorney can also be very stressful, as it is a huge responsibility. Speak to the person you are considering appointing to make sure that they are willing and able to take on the task so you can inform them about your wishes.

How Often Should You Review Your Estate Plan?

Unfortunately, drafting an estate plan is not a ‘set-it-and-forget-it’ matter. The only constant in life is change, and you will need to adjust your plan accordingly from time to time. Any time there is a major life event, such as a birth or divorce, you will want to review your estate plan. For example, if you have left assets to your daughter and her husband and they divorce, you may want to change your will to disinherit your son-in-law. Or, if a new baby is born, you may want to create a trust so you can leave certain assets to them.

Even when there are no major life events, you should still review your estate plan fairly regularly. You can review it annually or semi-annually at the same time you review your financial plan. For estate planning purposes specifically, you should review your plan at least every three to five years.

Our Estate Planning Lawyer in Houston Can Answer Your Questions

If you are thinking about planning your estate, you likely have many questions. At Integrity Law Group, PLLC, our Houston estate planning lawyer can answer them and help you draft a plan that will protect you and your loved ones. Call us now at (832) 280-9576 or contact us online to request a consultation and obtain the legal advice you need.

The Impact of Divorce on Your Last Will and Testament

Under state law in Texas, a divorce or annulment of a marriage will revoke any portion of a will that involves a former spouse. For example, if you left everything to your spouse and did not change your will after you divorce, those provisions would be revoked. Your assets would then be distributed according to the intestacy laws in the state. Although your spouse will not receive any of your property if you pass away, it is still of critical importance that you update your will after divorce.

Reasons to Update Your Will After Divorce

There are many reasons to update your will after divorce. They include:

  • Protect your child’s inheritance: Reviewing and updating your will after ending your marriage will allow you to make sure that any inheritance left to your children is protected. If your children are still minors, you may want to consider establishing a trust for your children, which may require you to appoint a new trustee.
  • Appoint a new executor: It is not uncommon for spouses to name each other as executors of their will and estate. Also review any trusts you have created, as you may have to appoint new trustees, as well.
  • Add or remove beneficiaries: One of the main purposes of a will is to provide for your beneficiaries in the event that you pass away. After a divorce, you may want to add beneficiaries or remove them, particularly if you left property to people on your former spouse’s side of the family.
  • Prevent challenges to the will: If you do not update your will after divorce, it may be easier for your former spouse or other family members to challenge it. Updating your will ensures that you can clearly outline your intentions and preferences and minimize the chance of challenges and other disputes arising.

The above are just a few reasons to review your will after your divorce. A lawyer can review the document with you and advise of the necessary changes to make to ensure your best interests are protected.

Other Estate Planning Tools to Review After Divorce

Your will is not the only estate planning tool you should update after your divorce. Other important documents to review and change, if needed, include:

  • Beneficiary designations on policies and accounts: If you listed your former spouse as a beneficiary on an insurance policy or retirement account, they may still receive funds if you pass away, as the law does nothing to change that. As such, it is critical that you review these accounts and policies and make the necessary changes to reflect your current wishes.
  • Advance directives and powers of attorney: If your former spouse is appointed as your power of attorney, or you named them as your agent to make healthcare decisions on your behalf, it is important to change these documents so you can choose another person to have this authority. Always make sure you choose a person you trust in your advance directive or as your power of attorney, which is likely no longer your former spouse.
  • Tax considerations: A divorce can have tax implications for your estate, as well as any beneficiaries you have appointed. It is important to speak to an experienced attorney who can advise on your estate and any tax implications you may not have known about or have not considered.

How to Update Your Will After Divorce in Texas

While you may know that it is important to update your will after divorce, you may not know how to do it. The main steps involved are as follows:

  • Review your existing will: Of course, to know which changes you need to make to your existing will, you first have to review it. Read through your current will carefully and identify any provisions you would like to change. Any terms involving your former spouse will need to be changed, but now is a good time to determine if you need to make any other changes, as well.
  • Contact an experienced family law attorney: A family law attorney can guide you through the divorce process and help you obtain the fair settlement you deserve. After your divorce, however, an attorney can also help you navigate the process of making changes to or updating your will to make sure it complies with state law and is enforceable.
  • Create a new will or codicil: A lawyer can assist you with drafting a new will or creating a codicil. A codicil is an amendment to your current will. Regardless of whether you creating an entirely new will or making amendments, the document should distinctly state the changes you want to make. A lawyer will also inform you of how to execute the will so it complies with state law. For example, you may have to sign your will in the presence of two witnesses in order for it to be enforceable.
  • Store your new will in a safe place: You should keep your will in a secure place, such as at your attorney’s office or in a safety deposit box. Your lawyer can advise on whether you should destroy previous versions of your will. Sometimes, this is beneficial, but if there is any question of the validity of a new will, it can be useful to retain previous versions. Working closely with an attorney can ensure the validity of a new will is not brought into question.

Our Estate Planning Lawyer in Houston Can Help Update Your Will

If you have recently gotten a divorce, you should not overlook the importance of updating your will. It is important to ensure your wishes are fulfilled, and our Houston estate planning lawyer at Integrity Law Group can help you navigate the process. Our attorney has the necessary experience to make sure your will is valid and executed properly so it is not subject to challenges in the future. Call us now at (832) 280-9576 or fill out our online form to schedule a consultation and learn more about how we can help.

Debunking the Top Five Misconceptions About Estate Planning

There are many reasons people put off estate planning. Some people simply think the topic is too uncomfortable to talk about. Others are hesitant to embark on the process because of the many misconceptions and myths that are out there about estate planning. While some of these misconceptions sound reasonable, others are clearly untrue once you stop and really consider them.

Our Houston estate planning attorneys know the many reasons people put off estate planning for as long as possible. However, we also know how important it is for everyone to have an estate plan that protects them and their family for years to come. It is for this reason we have debunked the top five misconceptions we hear about estate planning so you understand the truth behind them.

MYTH: Only Certain People Need an Estate Plan

Perhaps the biggest misconception regarding estate planning is that only certain people need one. Some people think that only wealthy people with huge estates need to plan for them. Others believe that people only need an estate plan once they start to get older. 

The truth is, though, no one can predict the future and know when they will pass away. For this reason, everyone over the age of 18 years old should have an estate plan in place. An estate plan can make it easier for family members after a loved one passes away. It can allow them to avoid probate, and regardless of the assets within an estate, it also helps beneficiaries receive them sooner.

Tying into this myth is that only wealthy people need to have an estate plan. It is true that wealthy individuals will have more complex estate plans, but it is still important for individuals with smaller estates to have a plan in place. Anyone with a bank account, vehicle, or any other asset must have an estate plan. Without one, those assets can be tied up in the probate courts for months or years.

MYTH: Your Estate Plan Only Matters After You Pass Away

Some people do not think their estate plan will directly affect them. This misconception has largely been perpetuated by movies and television shows that depict family members finding a dusty copy of a will after someone has passed away. However, your estate plan could play an important role while you are still alive.

For example, if you create a living trust, it can become effective before you pass away. You can place property into the trust, and your beneficiaries can access the property once they reach a certain age or meet other milestones. Additionally, an estate plan can also include an advanced directive, which outlines your preferences for medical care in the event that you cannot make these decisions on your own. These are just two ways an estate plan can impact you while you are still alive, so it is important to create one as soon as possible.

MYTH: I Do Not Need an Estate Plan Because My Spouse Will Receive Everything

Without a will in place, your estate is subject to the intestate succession laws of the state. These laws do not necessarily allow your spouse to receive all of your property if they survive your death. 

For example, if you are in the difficult situation of wanting to disinherit your adult children, you must create a will that stipulates this. Otherwise, if you and your spouse had children together, they will automatically receive a portion of your estate. Your spouse will inherit all community property and 1/3 of your separate personal property. Your children will inherit everything else. If you have children, but they are not the children of your spouse, they will receive half of your community property.

If you have specific wishes, you must draft a will and use other estate planning tools to make sure they are fulfilled. When you do not, the state will determine how your estate is divided, which may not fall in line with your preferences.

MYTH: A Will is All You Need in an Estate Plan

It is true that wills form the foundations of many strong estate plans. It is also a fact that for some people, a will may be all they need. However, this is not true for everyone. There are many tools available for estate plans, and it is critical to speak to an attorney about the ones that are right for you.

For example, if you have very specific wishes for your end-of-life medical care, you may want to include an advanced directive in your estate plan. Or, if you have certain assets you want to shield from the probate process, a trust is a good tool that can help with that. If you are a business owner, you may want to create a succession plan to allow the transfer of ownership to proceed more smoothly. An attorney can examine your unique circumstances and advise on the tools that should be included in your plan.

MYTH: Drafting an Estate Plan is a ‘One and Done’ Process

Many people think that once they have created an estate plan, they can set it aside and never think about it again. This is simply not true. Estate plans need regular updating, and the documents within them are living documents and need to be changed whenever there is a major life change. Any time there is a birth, death, marriage, or other major change in your life, it is important to review your estate plan and update it when necessary. This is the only way to ensure your estate plan includes everything it should.

Call Our Estate Planning Lawyers in Houston Today

At Integrity Law Group, PLLC, our Houston estate planning lawyers can bust all the misconceptions about the process so you and your family are prepped for the future. Call us today at (832) 521-4201 or fill out our online form to schedule a consultation with one of our experienced attorneys and to learn more about how we can help with your case.

An Overview of Estate Planning in Texas from Estate Planning Attorneys

Who needs estate planning in Texas?

Estate planning is an important tool for helping you decide who will receive your property and how to distribute your assets after death. Estate planning also covers certain requirements in the event you become incapacitated, such as who will make medical or financial decisions on your behalf.

Essentially, anyone with property, a business, a minor child, or concerned about possible incapacity should inquire about estate planning. If you have any valuables that you want a specific person or organization to receive when you pass away, then estate planning is significant enough to inquire about.

What are the Advantages of Estate Planning in Texas?

There are several legal documents attorneys can draft to set out your wishes and appoint the person you choose to distribute your property as well as make decisions on your behalf if you become incapacitated. Click here to learn more about estate planning for incapacity. 

There are many benefits to planning ahead. Below is a list of a few of the advantages of Estate Planning in Texas:  

  • Choose the person you trust to carry out your wishes,
  • Distribute your assets to the beneficiaries whether individuals or organizations of your choice
  • Minimize future expenses to the estate and leave more money for your loved ones,
  • Ease the burden on your beneficiaries,
  • Outline financial and medical decisions in you become incapacitated,
  • Minimize tax burdens, and
  • Establish Trustees over your estate. 

What if I choose not to have a will?

When you die without a will, also known as intestate succession, the State of Texas decides how your assets are distributed. The Texas Estate Code Section 201 lays out the applicable rules on how property is distributed without a will.  

The Default Texas Rule for Intestate Succession for Heirs:

Depending on your marital status and whether you have children, Texas lays out how your assets are distributed. 

Below are different scenarios for single individuals:

  • Single with no children, parents, and no siblings – If you’re single and have no children, your estate will pass to your parents equally. 
  • Single with no children, no siblings, and one parent – If you only have one parent alive, and no siblings, your estate passes to your living parent. 
  • Single with no children, siblings, and one parent – and If you have one living parent and siblings, half of your estate passes to your living parent, and half is divided among your siblings and deceased sibling’s descendants.
  • Single with no children, no parents, and siblings – If both parents are deceased, your estate passes to your siblings and deceased siblings’ descendants.
  • Single with no direct descendants – If no living parents, siblings, or deceased sibling’s descendants, half of your estate passes to your mother’s side and half passes to your father’s side. If either side of the family is all deceased, the estate passes to the surviving side.
  • Single and no heirs – The estate passes to The State of Texas if neither side of the family is alive.
  • Single with children – If you’re single and have children, your estate passes to your children equally. If you have grandchildren, they will not inherit your estate unless their parent (your child) has passed away. 

Below are different scenarios for married couples:

In Texas, upon divorce or death, the presumption is all property acquired during the marriage is community property. To learn more about community property, click here.

  • Spouse with no children – Your spouse gets 100% of your community property.
  • Spouses and children who are also your spouse’s children – Your spouse gets 100% of your community property.
  • Spouse and stepchildren of your spouse – ½ of your community property passes to your spouse and the other ½ passed to your children. 
  • Spouse and parents – Your spouse gets 100% of your community property.
  • Spouse and siblings w/no parents –  Your spouse gets 100% of your community property.

Separate Property is property owned before marriage, acquired during marriage by gift, inheritance, or recovery for personal injury except for the loss of earning capacity during marriage. 

  • Spouse with no children -Surviving spouse inherits ½ separate personal property and the remaining ½ to parents and siblings.
  • Spouse and children who are also your spouse’s children – Spouse gets ⅓ separate personal property and life estate to real property. Children will inherit everything else.
  • Spouse and stepchildren of your spouse – Spouse gets ⅓ separate personal property and life estate to real property. Children will inherit everything else.
  • Spouse and parents – Spouse gets all your separate personal property, ½ of your separate real property. Parents inherit everything else. 
  • Spouse and siblings w/no parents –  Spouse gets all separate personal property and ½ of real property. The sibling inherits everything else. 
  • To learn more about the Texas estates code and property division upon death, contact us for a consultation here. 

To learn more about the Texas Estates Code and property division or distribution upon death reach out to an Integrity Law Group PLLC attorney.

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