Jack Lawter wrote an article for Texas Advanced Estate Planning Course for will contests. Many of the ideas here are his that I have tried to adapt to guardianship. My compliments to him.
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Wills and Probate
Death is not only a personal issue; it is also a legal concern. A death
certificate must be issued, your property must be legally passed to others, and
any taxes must be paid. A Will serves as a legal tool and your voice to provide
instructions on the transfer of your assets, to identify your heirs, and to
specify the property that they should receive. Wills may also appoint a guardian
to take care of minor children in tragic cases where neither parent survives. By
planning through a will, you provide guidance on your final wishes and help to
ease the burden of grief and confusion of your loved ones. >
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Guardianship
Imagine that you have a client come into your office. Your client explains that
a close relative has been diagnosed with schizophrenia. During a severe episode,
the schizophrenic has attempted suicide resulting in severe brain damage.
Chances of survival are slim. Medical decisions need to be made immediately
regarding continued life support and placement issues, assuming the relative
survives. There is property, children by a prior marriage, dissension in the
family and an angry ex-spouse who has never received her child support. Your
client wants to know what to do. > Full
Article
Instructions to Independent Executor
Congratulations on being appointed Independent Executor. As an Independent
Executor, you have assumed a major responsibility. The law imposes upon you
certain powers, duties and responsibilities. These legal requirements have
developed over the last 150 years in Texas and are designed to protect the
beneficiaries of an estate, while at the same time allowing for freedom of
action by the independent executor. These instructions will attempt to introduce
you to basic aspects of the law. >
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