Modification of a Special Needs Trust
Is modification of a special needs trust possible? Even if the trust is irrevocable, and its terms are clear? The short answer is “yes” — at least in some circumstances. A recent Texas Supreme Court case illuminates the principles. And the story is pretty interesting, to boot. “Dick” Poe was a prominent businessman from El […]
Arizona Court Asserts Jurisdiction Over Texas Trust
Suppose you live in Texas, and you establish a revocable living trust. Your trust document is clear. The trust is a Texas trust, and is “to be governed, construed, and administered” according to Texas laws. Does that mean any challenge by trust beneficiaries must be filed in Texas courts? The Roger McCarty Trust Roger McCarty […]
Due Process in Guardianship Proceeding
It’s easy to observe that the subject of a guardianship (or conservatorship) petition has a right to “due process” during the court process. But what does that mean? Does it include anything a judge orders? Does it require a court hearing? How will you know if you have been afforded due process before a guardianship […]
When Does Your Family Member Need Guardianship?
Suppose you have a 17-year-old child with a developmental or cognitive disability. Do you need guardianship before they turn 18? Is it OK to wait, or to forego guardianship altogether? First: what is guardianship? While your children are minors, you have the authority to make medical and placement decisions for them (we’re ignoring the possibility […]
Disinherited Step-Grandson Lacks Standing to Challenge Codicil
Will challenges are far less common than most people think. One reason: few people have any basis on which to challenge a will, even if they feel aggrieved. In legal terms, most potential challengers simply lack any “standing” to contest a will. A recent Texas case illustrates the concept nicely. Lucy Lee’s will and codicils […]
Meaning of “Per Stirpes” Becomes Dispute in Texas Case
Perhaps you have seen the term in a will or trust: “per stirpes”. What does it mean, and what difference does it make? A recent Texas Court of Appeals case addresses the term — and also gives us an opportunity to tell an interesting family story. William Lewis Moody, Jr. For our purposes, the story […]
Unwritten Promise to Write a Will is Not Enough
FEBRUARY 20, 2017 VOLUME 24 NUMBER 8 Here’s a basic rule, applicable in every U.S. state: wills need to be in writing. But what about a promise to write a will, or to leave a particular item to a particular person? Unsurprisingly, those promises usually have to be in writing, too. Jim’s Story Take Jim […]
A Chilling Story of Fraud Targeting an Elderly Victim
JUNE 17, 2013 VOLUME 20 NUMBER 23 Last week a colleague told us a story that we think needs to be shared. Patricia Sitchler, a nationally-known San Antonio lawyer with the prominent Texas firm Schoenbaum, Curphy & Scanlan, P.C., described her client’s eye-opening experience with a fraudulent attempt to access her bank account. We asked […]
Appellate Court Upholds Orders in New Jersey/Texas Guardianship
JULY 25, 2011 VOLUME 18 NUMBER 27 We have told you about Lillian Glasser before. She is a wealthy New Jersey woman with two children who disagree about where she resides, who should manage her health care and finances, and what should be done about financial actions taken in the months before court proceedings were […]
Court Distinguishes Between Undue Influence, Incapacity
DECEMBER 28 , 2009 VOLUME 16, NUMBER 66 Contrary to public perceptions, will contests are actually rare. In fact, few wills are written in such a way that anyone would benefit from a contest — most wills leave property to the same people who would inherit if there was no will. When there is a […]