Sometimes the person tasked with handling the estate's affairs after the death of a loved one isn't quite sure whether all of the decedent's life insurance policies have been identified. Substantial amounts of money could be lost by one or more beneficiaries if a claim is never filed against a valid policy. The Texas...
Claims During Probate: Medicaid Estate Recovery Program (MERP)
During probate, the executor or heirs often must certify whether the Medicaid Estate Recovery Program (MERP) has a claim against the decedent's estate. MERP stems from Federal law. MERP requires States to submit claims against the estate of dededents who received "covered long-term care" for persons age 55 or older paid for by...
Assisted Reproduction – Part 3: Death
This is the last in a three-part series that describes legal issues in assisted reproduction. In this blog, we'll explore the parental status of a "deceased spouse."
If a spouse dies prior to the eggs, sperm or embryos being placed, then the deceased spouse is not a parent of the resulting child unless two conditions...
Assisted Reproduction – Part 2: Divorce
This is the second in a three-part series that describes legal issues in assisted reproduction. In this blog, we'll explore the issue of "divorce."
First, if the parties have a contractual agreement that states in the event of later divorce what will happen to the eggs, sperm or embryos stored for purposes of assisted reproduction,...
Assisted Reproduction – Part 1: Consent
This blog post is the first in a three-part series that describes legal issues in assisted reproduction. In this blog, we'll explore the issue of "consent."
The law states that if a husband either provides sperm or consents to assisted reproduction by his wife, then he consents to being the father of that child. That...
Alternatives for Formal Probate – Part 3: Family Settlement Agreement
This is the third blog in a three-part series that describes alternatives available in Texas when a full, formal probate either isn't possible or necessary. Today, we'll discuss the "Family Settlement Agreement."
The Family Settlement Agreement is an agreement among all persons entitled to a portion of the decedent's estate (i.e. the "distributees") about how...
Formal Probate Alternatives – Part 2: Small Estate Affidavit
This is the second blog in a three-part series that describes alternatives available in Texas when a full, formal probate either isn't possible or necessary. Today, we'll discuss the "Small Estate Affidavit."
The Small Estate Affidavit may used by the heirs of the decedent's estate who are entitled to a share of the...
Formal Probate Alternatives – Part 1: Proceeding to Declare Heirship
This blog post is the first in a three-part series that describes alternatives in Texas when a full, formal probate either isn't possible or necessary. Today, we'll discuss a "Proceeding to Declare Heirship." There two main scenarios in which a Proceeding to Declare Heirship becomes necessary are:
The decedent died "intestate,"...Social Study’s Role in Child Custody Disputes
A "social study" is a common tool court's use to help determine the outcome of child custody disputes. Texas Family Code Section 107.0511 specifies the minimum qualifications that a social study evaluator must meet. In general, the evaluator must be a licensed social worker, counsel, family therapist or psychologist who meets the certain...
Naming Guardians for Minor Children in a Will: A Better Approach
Many people include a provision in their Will that designates a guardian for minor children after their death. That approach may prove insufficient. Remember, a Will only has effect after your death. It has no effect, for example, if you're still alive but incapacitated (e.g. in a coma after getting "hit by a...