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Rio Grande Valley Probate & Estate Administration Law Blog

What to do about lost or inaccessible wills

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We previously talked about why it's important to maintain your original Will and where you can keep it. But what happens if the Will gets lost? Or, what if you know where it is, but you don't have access to it? 

Safekeeping of Wills

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You've made your will, and now you have peace of mind that your estate will be settled how you want. But you're not done yet.

A will has not done its job until it makes it into probate court. For this reason, it is imperative that you preserve the will until your death, and make sure it can be found to be used. A lost will is the same as no will. 

Charging Order's Got Your Back

Do Not Enter.jpgWhile there are several factors to consider when choosing what type of entity to form, the primary function of an entity is asset protection. Business owners want to protect their personal assets from the liabilities of the business operations. But there is another form of liability that business owners should be aware of that could have an even more devastating effect if not protected against. 

One of the Simplest, Yet Powerful Estate Planning Techniques

People often put off their estate planning because they think that it is expensive. But there is a simple strategy that costs nothing and can save you thousands of dollars. It supersedes all other estate planning and even avoids probate. Failure to implement this strategy correctly, however, could end up costing you thousands. 

The Critical Decisions That May be Made Without You

Woman Questions.jpgWhen people think of estate planning, they typically think of who is going to get their stuff when they're gone. While the transfer of assets at death is an important concern, the essence of estate planning about preserving your right to make decisions regarding your care, your children, and your assets, when you can't.

Although these are some of the most important decisions you can make, without an estate plan, you may have no say in them.

What you should know about being an estate administrator in Texas

The term administrator is used to describe the person who will oversee an estate after a person’s death when there is not an executor. There can various reasons the estate does not have an executor including the deceased did not name an executor in the will, the court found the will to be invalid or the deceased did not leave a will.

You do not need to be a lawyer to be an estate administrator. But the administrator usually needs to be approved by the heirs. As an administrator, it is important to know that you are not acting on your own behalf. An administrator will represent the interests of both beneficiaries and creditors. There may be legal responsibilities that an administrator may need legal expertise from a lawyer for. The lawyer you hire will represent you in your capacity of administrator.

Solutions to Common Life Insurance Mistakes

Handshake.jpgPreviously, we talked about common mistakes when naming beneficiaries for your life insurance policy. These mistakes included naming beneficiaries who are minors, incapacitated, receiving government benefits, spendthrifts, or high-risk.

These types of beneficiaries are not prohibited, they just require extra planning. If you have named, or want to name, one of these types of beneficiaries on your life insurance policy, read on to learn about a solution that will allow you to do so while avoiding the problems we highlighted before...

Common Life Insurance Mistakes

Life Insurance.jpgLife insurance is one of the largest assets in a person's estate, so who you designate as the beneficiary of the policy is a major decision (especially since this designation controls over what your will or trust say).

Making a mistake on your beneficiary designation can sabotage your estate planning, cause unnecessary expense for your estate, and create problems for your beneficiaries.

Here are some of the most common mistakes you should avoid . . .

Estate planning basics for beginners

It takes a great deal of strength and courage to plan for your death. For most people, it’s a topic they actively try to ignore. With age, however, you’ve come to accept that death is an inevitable reality. You may have witnessed the loss of loved ones over the years and the repercussions of passing away without a plan. Whatever the reason, you’re ready to begin learning about your options.

Here is a breakdown of the estate planning basics to help you start your journey.

What are the duties of a trustee?

Estate planning can feel like another language. Probate can feel like another language.

Probate is the legal method of settling affairs after death. If somebody dies with a will or trust in place (estate plans), then their appointed executor or trustee will oversee what happens next. If there is no estate plan, Texas probate courts will distribute assets based on relationship.


Law Offices of Aurelio Leo Lara
4124 N 23rd St #1
McAllen, TX 78504

Phone: 956-928-3837
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