Posted on July 25, 2024 in Estate Planning

As a Texas resident, you currently enjoy a favorable tax environment when it comes to inheritance. With no state inheritance tax and generous federal estate tax exemptions, you may feel little urgency to engage in extensive estate planning. However, tax laws can change, and it is wise to prepare for potential shifts. A Texas lawyer can help you with strategies to protect assets and ensure a smooth transfer of wealth to the next generation.

Current Estate Tax Situation in Texas

In 2024, Texas will not impose a state inheritance tax. At the federal level, the estate tax exemption stands at $13.61 million per individual or $27.22 million for married couples. These high thresholds mean most individuals in Texas will not need to worry about estate taxes—for now. But savvy planners know that tax laws can shift, and it is better to be prepared.

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 Posted on July 08, 2024 in Business Formation

Starting a business is an exciting venture, but you must lay a solid foundation. Creating a comprehensive business formation contract is one of the most important steps in this process. This document serves as the blueprint for your company's structure, operations, and future growth. A Texas lawyer can help you understand which elements you should always include in your business formation contract.

Why You Should Never Start a Business Without a Contract

Launching a business without a proper contract is like building a house without a foundation. A well-drafted business formation contract provides clarity, protects your interests, and helps prevent future disputes. It establishes the rules and expectations for all parties involved, ensuring everyone is on the same page from day one. A solid contract can:

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 Posted on June 25, 2024 in Business Formation

When a business contract is breached, the injured party may be entitled to compensatory damages. These damages aim to place the non-breaching party in the position they would have been in had the contract been fulfilled. A Texas lawyer can help you understand the types of compensatory damages available to help protect your interests and make informed decisions when faced with a breach of contract.

Direct Damages

Direct damages, also known as general damages, are the most common form of compensatory damages in Texas contract law. These damages flow directly and naturally from the breach itself. Examples include:

• Loss of expected profits: If a breach prevents a business from earning profits it would have otherwise gained, these lost profits may be recoverable.
• Cost of replacement: When a supplier fails to deliver goods, the buyer may recover the additional cost of obtaining replacement goods from another source.

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 Posted on June 10, 2024 in Estate Planning

Most people focus on creating a will or trust when it comes to estate planning. While these are undoubtedly crucial components of a comprehensive plan, they are not the only documents you should consider. Ancillary documents ensure your wishes are carried out and your loved ones are protected. A Texas lawyer can help you understand the importance of these additional documents and how they can strengthen your estate plan.

A Durable Power of Attorney is Your Trusted Decision-maker

Imagine a scenario where you become incapacitated and unable to manage your financial affairs. Who would step in to pay your bills, handle your investments, or make important decisions on your behalf? This is where a Durable Power of Attorney comes into play. By appointing a trusted individual as your agent, you ensure that your financial matters are handled according to your wishes. This document is especially crucial for unmarried couples or those with complex financial situations.

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 Posted on May 14, 2024 in Business Formation

Contract disputes can turn into complex litigation. The law offers various potential remedies for those engaged in contract litigation. A Texas lawyer can help you explore the remedies available. Each case is unique, so it is important to create a unique strategy.

Compensatory Damages

The most common remedy in contract litigation is compensatory damages. These damages are intended to compensate the non-breaching party for any losses suffered due to the breach of contract. In Texas, compensatory damages can include:

• Expectation damages: These damages aim to put the non-breaching party in the position he or she would have been in had the contract been fully performed.
• Reliance damages: These damages provide compensation to the non-breaching party for expenses incurred in reliance on the contract.

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 Posted on May 07, 2024 in Probate Administration

Losing a loved one is an emotionally draining experience that no one should have to face alone. During such a difficult time, the last thing you likely want to deal with is difficult legal and financial matters. However, assets, debts, and an estate often need to be appropriately handled and distributed when someone passes away. A Texas lawyer can help ensure you go about the probate process carefully.

Locate the Will

The first step is locating the deceased’s last will and testament if one exists. This legal document outlines how the decedent wanted the estate divided and who should serve as executor. Under Texas law, if there is a valid will, the probate process follows the instructions laid out in that will. According to Texas intestate succession laws, the estate assets get distributed without a will. Carefully review any will to understand the provisions.

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 Posted on April 22, 2024 in Estate Planning

Becoming a new parent is an exciting and transformative experience but comes with many new responsibilities. One of the most important things you can do as a new parent is to prioritize estate planning. Through an estate plan, you can ensure that your child’s future is secure and your wishes are carried out, even if the unexpected occurs. A Texas lawyer can help ensure your estate plan is legally bound to protect your family.

Appoint a Guardian for Your Child

One of the first steps in estate planning for new parents is appointing a guardian for your child. A guardian is a person designated to care for your child in the event that both parents pass away or are unable to do so. In selecting a guardian, it is important to evaluate aspects like their values, approach to parenting, and financial stability. In Texas, you can legally designate a guardian in your will or through a separate document called a “Declaration of Guardian.”

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 Posted on April 12, 2024 in Estate Planning

You have probably heard many people say you “need” a will. While a will is helpful, there are other legal tools that can also provide benefits to you and your loved ones. A Texas lawyer can help you discover the best legal option based on your circumstances.

The Limitations of a Will

While a will allows you to designate beneficiaries for your assets and appoint guardians for your minor children, it does not protect you from probate. Probate refers to the legal procedure of authenticating a will and allocating assets in accordance with its directives. In Texas, probate can be time-consuming and costly, often requiring court appearances and legal fees.

A will only takes effect upon your death, meaning it does not provide any benefits during your lifetime. If you become incapacitated due to illness or injury, a will cannot help manage your affairs or make medical decisions on your behalf.

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 Posted on April 05, 2024 in Estate Planning

As a resident of Texas, you can make a significant contribution to the causes that matter to you by including charitable donations in your estate plan. By incorporating philanthropy into your estate planning strategy, you support the organizations and missions that matter to you and potentially reduce your estate’s tax burden. A Texas lawyer can help you explore how you can include charitable giving in your estate plan.

Charitable Bequests in Your Will

Incorporating charitable giving into your estate plan can be easily achieved by including a charitable bequest in your will. You can specify a particular dollar amount, a percentage of your estate, or a specific asset to be donated to your chosen charity upon your passing. This approach allows you to maintain control over your assets during your lifetime while ensuring that your philanthropic goals are met after you are gone.

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 Posted on March 26, 2024 in Estate Planning

Dealing with creditors can feel like a hassle, and you may feel like it seems like a setback, especially when they start making claims against your personal assets. Thankfully, a Texas lawyer can help provide several legal strategies to protect your estate from creditors’ reach.

Homestead Exemption

One of the most powerful tools available to Texans is the homestead exemption. This law protects the unlimited value of your primary residence, including the land it sits on up to 20 acres and is used as a residential use, from forced sale by creditors. You must own and live in the home as your principal residence to qualify.

Asset Protection Trusts

Asset protection trusts (APTs) are a popular way to protect your assets from potential creditors. By transferring ownership of your property into an irrevocable trust, you effectively remove it from your personal estate, making it much harder for creditors to access. Texas allows self-settled APTs, meaning you can be the beneficiary of the trust you create.

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