Which incurs the least tax hit, opening a large cash account (TX) in one's own name or in the name of a trust, or does it matter

Assuming that you are asking the question on an prospective basis (as opposed to the tax effect of the "maturing"), as a general matter, if you...

Is it a conflict of interest for a lawyer to buy his elderly clients house?

As a general matter, a lawyer owes a fiduciary duty to his client, and the beauty about a breach of fiduciary duty claim is that once that...

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Are 3rd party Special Needs Trusts taxable?

The answer depends on who funded the trust (with the funds of the beneficiary him/herself or a third party like a parent or grandparent), what type...

CME Certificates - In Texas Elder law - how recent does the medical examination have to be for the form to be acceptable?

I am not exactly sure what context you are referring to. If you are talking about a determination of incapacity for the sake of appointing a...

When the probate of a will is not a public record, where should a potentially interested party look to find the will?

Agreed with the other attorneys. In Texas, a will must always go through SOME judicial process to be probated, which is the process by which a...

Separtate Property?

First things first, as you have been living together for 15 years, you may already be married under the Texas "informal" or "common law" marriage...

How can I find out if my fathers will was probated? My father lived/died in Brewster County, Texas.

I would start by calling the clerk of the county court in Brewster County to see if the probate has been filed. If he was a resident of Brewster...

Can a person probate a will without the assitance of a lawyer? My mother passed away leaving her home to her three kids.

You should speak to a probate attorney who is aware of all of the relevant facts, but the short answer is no. There is no small estate procedure...

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My daughter was in a severe car accident and the money from the settlement was put in a trust funds for any needs she may need

This sounds like a "142.005 trust", which if it is, certain provisions are required - among them, the trustee must be a financial institution ( a...

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Husband passed away suddenly, left no will. I am his wife and I have a TEXAS STATUTORY DURABLE POWER OF ATTORNEY.

The DPOA is no longer effective, but you have certain rights over community property as surviving spouse (the extent of which depends on whether...