A will and a trust are documents that dictate and ensure the transfer of your property after death. However, they are handled differently when it comes to carrying out distributions. The first step is understanding the difference between a will and a trust.

While it might feel unromantic, marital property agreements, whether prenuptial or postnuptial, outline the rules for how property owned before and acquired during a marriage will be treated. These agreements allow you and your spouse to decide if the property you own in community versus separate property, modifying what Texas law would otherwise say.

Creating a Roth IRA for your teen can be a valuable way to provide for them while maximizing the annual gift tax exclusion and reducing the size of your taxable estate. While Roth IRAs are generally known for their retirement saving benefits, they can also be a great vehicle for saving for college, a down payment on a home, emergency funds, or the birth of a child—all tax free!

Facing a lawsuit can be an overwhelming experience. Whether you're a business owner, a professional, or an individual, navigating the legal terrain can be daunting. However, it's crucial to take the appropriate steps to protect your rights and interests. At Hardie Alcozer, we understand the stress that comes with legal proceedings, and we're here to provide you with a guide on what to do if you find yourself being sued.

The overall purpose of estate planning is to ensure your assets are distributed according to your wishes after you're gone. However, when it comes to blended families—where one or both partners have children from previous relationships—estate planning can become even more important.

As a parent, ensuring the lifelong financial security of your child with special needs is a top priority. One powerful tool in achieving this is establishing a special needs trust. This type of trust enables you to provide ongoing financial support while safeguarding your child's eligibility for government benefits.

In this increasingly digital age, people often forget to ensure that their families are able to access their digital accounts when they pass away. Without your usernames and passwords it can be challenging, if not impossible, for them to access your digital assets. A study done by NordPass in 2020 estimated that an average person has at least 70 passwords. That is a lot of passwords to remember!

As our loved ones age, navigating the complexities of their legal and financial matters becomes increasingly challenging. Understanding when to seek assistance is crucial for managing their healthcare decisions, estate, and long-term care plan. We can help you make informed choices and protect your aging loved one’s rights and well-being.

During the probate process, which is already emotionally challenging, there is often a need to assess the value of the deceased's personal belongings. Properly valuing these items is crucial for accurate distribution of assets and determining any estate tax obligations.

A question we get often is whether you can sign your Last Will and Testament digitally. Quick answer – If you live in Florida, Arizona, Nevada or Indiana then the answer is YES! However, the answer is no for Texas. In Texas, a will MUST be physically signed in the presence of two disinterested witnesses (meaning two people who are not related to you AND are not a beneficiary or executor in your will) and a notary public.

Good news for Texans – we are one of the states with the lowest divorce rates. However, divorce still happens.  To protect yourself, your children and your property, Texas recognizes premarital agreements as well as post marital agreements. As with all contracts, the agreement must be in writing and signed. Fun fact – it does not have to be notarized for Texas to recognize it as a binding agreement. 

Whether you’re new to Texas, or a life-long Texan, the estate planning and probate team at Hardie Alcozer wants to assist you in developing the best estate plan for your current situation. If you’re not sure whether you should update your will or trust, schedule a complimentary review meeting with one of our attorneys, and we’d be happy to look it over and provide you with the legal advice you seek.

Oil and gas drilling has been a major industry in Texas for over a century. However, the boom in hydraulic fracturing, or fracking, in recent years has led to an increase in fiduciary litigation surrounding oil and gas in Texas.

Probate – it sounds overwhelming, right? We hear the stress in your voice when you call wanting to know what to do when someone passes away. When a person has their assets in a trust, those assets avoid the probate process.

Probate is one of those words that can strike fear into the hearts of even the bravest individuals. It's the legal process by which a person's assets are distributed after they pass away

For the people who like to think green - does the thought of embalming, the use of caskets and other non-biodegradable items filling thousands of acres of land concern you? Often, even cremation isn’t ecofriendly as it uses fossil fuels that release chemicals in the atmosphere. Here are some ecofriendly options that will help reduce the carbon footprint you would otherwise leave behind upon your death.

Early in school, you begin signing your name. How you write your name is part of your identity just like your fingerprints. Whether you sign your full first, middle and last name, your initials, “Mom,” or even “X”, it is part of what identifies you.

Ah, the “D” word (not Dallas). If this blog applies to you, let’s start by saying that you will get through this tough time! Divorce is hard. Emotions are high and finances are strained while trying to make tough decisions. During the process of a divorce, updating your estate plan is understandably not the first thing on your mind. However, a divorce can significantly impact your will, accounts with beneficiary designations, and power of attorney documents.

Did you know that Texas allows you to plan for the care, maintenance and support of your pets through a trust? If you didn’t, well you do now! We are not kitten around. This can be a ruff conversation but wouldn’t you want the oppawtunity to make sure your pets are well taken care of?

Back to School begins this month across Texas. With school starting back, we know how busy you are. As you are the building block for the futures of many small children; we are the building block for your estate. While you are preparing your lesson plan for class, why not let our estate planning attorneys at Hardie Alcozer plan ahead for you and prepare an estate plan?