Posts by Erik Martin
What Every Fort Worth Resident Should Know About Setting Up a Life Estate in Tarrant County
Most people are familiar with the term “life estate” as a way to give someone “life rights” to a property. While a life estate does accomplish this goal, choosing to set up a life estate is not a one-size-fits-all solution and may even cause serious consequences for everyone involved. What is a Life Estate? A…
Read MoreShould I Update My Estate Plan Because of COVID-19?
While the coronavirus pandemic continues to affect day-to-day life here in the United States, the most common question we have been asked as estate planning attorneys is whether an existing estate plan should be changed or updated. Of course, the answer to that question (like most things in life, and especially in the law) is…
Read MoreMy Loved One with Disabilities Has Died. What Happens to The Funds Leftover in a Special Needs Trust in Tarrant County, Texas?
A Special Needs Trust (SNT) is a complex legal tool set up on behalf of a person with special needs or disabilities. The SNT allows a beneficiary with special needs to safely utilize money or property in the trust without jeopardizing the ability to collect needs-based public benefits such as Supplemental Security Income (SSI) and…
Read MoreWill I be Stuck with a Family Member’s Mortgage When They Die?
Forth Worth probate lawyers hear quite regularly from heirs who are shocked to learn that the property they inherited from a loved one comes with a mortgage. Now what? It’s important to know that a mortgage does not die when the owner dies. How that mortgage is dealt with depends on a variety of factors,…
Read MoreTarrant County Probate Lawyer: How to Handle an Out-of-State Probate During COVID-19
As we continue on in this time of social distancing and, in some communities, shelter-in-place, more and more people are faced with a difficult situation: handling out-of-state probate proceedings after the death of a loved one. Many seniors today are “snowbirds” who spend their winters in warmer states like Florida or Texas, while keeping their…
Read MoreDFW Estate Planning Lawyers: How to Avoid Probate with Joint Accounts and Beneficiaries
There are several strategies available that DFW estate planning lawyers use to help seniors and their families keep certain assets out of probate, including adding other people as joint owners on their accounts or making beneficiary designations on accounts and policies. However, these strategies should only be done under the supervision of an experienced estate…
Read MoreHow Can I Avoid a Guardianship in Texas?
A guardianship is when a person is appointed by the court to look after another person’s financial and physical well-being. This is not always a great situation to be in since the court may appoint someone who would never be chosen by the individual or their family. Fortunately, there are a few simple ways to…
Read MoreFour Famous People Who Left a Legal Mess for Their Families When They Died | Fort Worth Will Lawyers
Did you know that more than half of all adults in America do not have a Last Will and Testament? That number is even fewer when it comes to healthcare directives and powers of attorney. You’d think more people would create an estate plan, especially since there are so many public figures who famously left…
Read MoreI’m a Snowbird Who Lives Part-Time in Another State. Will My Power of Attorney and Healthcare Directive Still Work During Quarantine?
Shelter in place and quarantine orders are the rule of the day with the coronavirus outbreak. Many of these executive orders came while snowbirds and retirees were staying here in their second homes, and now they are likely stuck there for a little longer than they originally planned. From a legal standpoint, many snowbirds are…
Read MoreDFW Trust Lawyer: Avoid These Common Estate Planning Mistakes
Estate planning is a responsibility we all have, young or old. Yet only about half of all Americans with children have a Last Will and Testament or Trust to direct how their children should be cared for and who should inherit any assets left behind after death. It’s also troubling to know that most estate…
Read MoreWarn Your Loved Ones About These Coronavirus Scams in Texas!
On the heels of a very rough month for our country, scammers are now coming out of the woodwork in an attempt to defraud individuals and vulnerable senior citizens who are isolated and perhaps unclear about current policies related to coronavirus stimulus payouts or testing. We wanted to warn our clients and readers about some…
Read MoreFort Worth Elder Lawyers Offer 5 Tips for Long-Distance Caregivers
More than 10 percent of people who are acting as caregivers for an older family member are doing so from a distance. Living an hour or more away from an aging parent or other relative can present some additional challenges for caregivers. Among those challenges are the financial strains of hiring help and the difficulties…
Read MoreHow a Special Needs Attorney in Fort Worth Can Help Your Family Prepare for The Future
Parents of children with special needs often find themselves overwhelmed with the daily responsibilities of managing their child’s care and coordinating various services. There is often very little time or energy left to spend on long-term planning. However, consulting with a special needs attorney at Martin Lawyers in Fort Worth, can get you started on…
Read MoreStrategies for Resolving Caregiver Conflict | Tarrant County Elder Law Attorney
When an elderly parent reaches the point where they need assistance with their daily living tasks, caregiver duties often fall on the shoulders of their adult children. In some families, the caregiving responsibilities are divided between siblings or other relatives. Ideally, everyone sharing in those duties will be on the same page when it comes…
Read MoreCOVID Pandemic Preparation: 5 Estate Planning Essentials for Every Adult
With the number of COVID-19 cases in America increasing exponentially, people across the country are preparing themselves for every possible scenario. As a result, many estate planning attorneys are being inundated with calls and emails about how to plan for this type of pandemic. While the following five tools are essential for estate planning at…
Read MoreDFW Estate Planning Attorneys on Inheriting Patents, Copyrights, and Other Intellectual Property
Intellectual property – ideas or works of art that have value but don’t originate in material reality – are considered personal property and may be bequeathed to heirs. There is well-established law on intellectual property and estate law for those who want their heirs to benefit from the fruits of their labors. If you’re creating…
Read MoreWorried your children will be unmotivated after receiving an inheritance? Fort Worth Trust Lawyers encourage parents to consider this estate planning tool.
Self-made billionaire Warren Buffet once famously said, “Leave your children enough money so they feel they can do anything, but not enough that they could do nothing.” Commodore Vanderbilt’s grandson, an heir to some $60 million in 1885, also once declared that “inherited wealth is as certain death to ambition as cocaine is to morality.”…
Read MoreTarrant County Probate Lawyers: What To Do After a Loved One Dies
When a loved one passes away, the grief is often overwhelming and exhausting. Your emotional state can make it nearly impossible to carry on basic functions like sleeping or eating, let alone dealing with legal matters. Tarrant County probate lawyers at Martin Lawyers understand that the last things you feel like tackling are the legal…
Read MoreDFW Trust Attorneys Explain the Responsibilities of a Trustee
Whether you’ve been asked to be the trustee of a loved one‘s trust or you’re in the process of choosing someone to act as your own trustee, it helps to understand what is expected of a trustee. Martin Lawyers team will tell you that being a trustee involves a lot of responsibility, often on both…
Read MoreFort Worth Estate Attorneys: 3 Ways Your Child’s Spouse Can End Up with the Family’s Money
Fort Worth estate attorneys know that it’s not inherently bad if your son-in-law or daughter-in-law receives your child’s inheritance. After all, he or she is part of the family. Ideally, if an in-law ends up with the family’s money (say your adult child passes away first), it’s always the hope that the in-law will pass…
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