Are Handwritten Wills Legal?: A Discussion of Holographic Wills

“Holograph” is a fancy term for a document written entirely in the author’s handwriting. A “Holographic Will”, therefore, is a Will written entirely in the handwriting of the person making the Will. These Wills are also referred to as a “Dying Man’s Will” because they are sometimes written when death is imminent and without the

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Should I Sign an Affidavit?

A common question I receive in my probate practice is whether inherited property can be transferred with an affidavit. I often get this question from potential clients who have either been approached by a family member about signing one, or who scoured the Internet for advice on “how to avoid probate“. In Texas, we have

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Gift Tax Explained

I encounter many people who don’t understand the rules of the gift tax and even more who have never even heard of a gift tax.  Here are the basics of the gift tax so that you can be aware of the issue, and always consult your estate planning attorney BEFORE making a gift! The Gift

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Choosing Cohabitation

Cohabitation Agreements: Estate Planning for Unmarried Partners

The number of Americans living together as unmarried partners is on the rise. As reported by the U.S. Census Bureau in 2019, more adults are delaying marriage or forgoing it altogether in favor of cohabiting–reportedly as many as 17 million people cohabit (triple the number from two decades ago). Cohabiting partners who are not planning

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