Houser FirmHouser Firm2026-05-13T05:41:35Zhttps://www.houserfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1603595/2022/06/cropped-favicon-site_identity-32x32.pngOn Behalf of Houser Firm<![CDATA[Why should you consider a trust in your estate plan?]]>https://www.houserfirm.com/?p=501922026-05-08T05:41:51Z2026-05-13T05:41:35ZAll adults should have an estate plan in place so their loved ones know their wishes. The estate plan’s cornerstone is the will, but some individuals may opt to set up a trust to facilitate easier asset transfers to their beneficiaries.
A trust is a legal tool that allows the creator to set terms for how and when assets are distributed. They are categorized as either revocable or irrevocable. A revocable trust can be changed as you see fit. An irrevocable trust can’t be changed at all unless the beneficiaries or the court agree. You can keep control of a revocable trust while you’re living, but control over the irrevocable trust must be handed over to a trustee.
Ease of transfer
When you establish and fund a trust to hand down assets, your loved ones don’t have to go through the probate process to get those assets. This means that the terms of the trust don’t have to become part of a public court record, which gives the beneficiaries privacy. Additionally, bypassing probate means that they will likely receive the assets faster and with less cost than what would occur if they had to go through probate.
Other estate plan components are necessary
A trust by itself isn’t a comprehensive estate plan. Getting your estate plan together is a way to let your loved ones know your wishes. It covers everything from who will care for your affairs if you become incapacitated to what will happen when you pass away. Working with someone who’s familiar with estate planning may make it easier to ensure your wishes are conveyed in an enforceable manner.
]]>On Behalf of Houser Firm<![CDATA[Why intestacy brews problems for blended families]]>https://www.houserfirm.com/?p=501912026-05-06T13:57:49Z2026-05-11T13:57:25ZUnderstanding the intestate laws in Texas
Having an intestate estate after remarrying while having children from the previous marriage subjects you to default laws. The state uses a distribution that prioritizes your biological children over a surviving spouse:
One-third of your separate personal property goes to the surviving spouse, while your children get the remaining two-thirds.
Your surviving spouse gets a life estate in one-third of your real estate, while the remainder goes to your children.
Your surviving spouse retains their 50%, while your 50% share goes entirely to your children.
While these may seem reasonable, they can create challenges in the family that you never intended to happen in the first place.
Taking a proactive approach to avoid default laws
To avoid intestacy, preparing detailed wills is an option you can take. This tool allows you to designate specific bequests and make clear instructions on who gets what. You may also set up a living trust that grants you the power to support your surviving spouse while protecting your children’s inheritance.
A well-planned strategy ensures safety
Preserving your legacy involves estate planning. This strategy can help prevent family conflict caused by unwanted setups resulting from defaults and accidental disinheritance. Addressing these issues alone can be overwhelming. Seeking legal guidance is wise, so you can find ways to ensure your family’s future remains uncompromised.]]>On Behalf of Houser Firm<![CDATA[Can you disinherit your spouse if you’re divorcing?]]>https://www.houserfirm.com/?p=501872026-04-22T14:47:09Z2026-04-27T14:45:00ZOne of the first questions that many people ask as they proceed toward divorce – particularly if there’s a lot of anger and conflict – is when they can remove their spouse from their will and other estate plan documents.
If that’s your question, the answer isn’t as simple as you might think. Technically, Texas residents can remove their spouse as a beneficiary any time – even if they aren’t divorcing. Even if you did that, however, if you were to pass away before the divorce is final, your spouse would still be able to claim approximately half your assets since Texas is a community property state. An exception would be if they gave up their inheritance rights in a prenuptial or postnuptial agreement (and that agreement held up in court).
What does Texas law say?
Once the divorce decree is issued, state laws automatically remove the former spouse as a beneficiary of the estate plan. Specifically, it states that “all provisions in the will, including all fiduciary appointments, shall be read as if the former spouse…failed to survive the testator.” That means if they’re also your executor, health care agent or have any other fiduciary responsibilities, those will pass to whomever you named as an alternate (although you can likely make fiduciary changes prior to the divorce being final).Note that if you want your spouse to continue to be a beneficiary and/or fiduciary or you’re required to under the terms of your divorce, you need to specify that in your estate plan.
Other beneficiary designations
You have likely designated your spouse as a beneficiary of your retirement and other investment accounts, as well as insurance policies. These aren’t subject to the same laws. That means you would need to notify the party that holds those assets if you want to change the beneficiary.It’s a lot to consider when you may already feel overwhelmed with the stress and consequences of the divorce. That’s why it’s wise to consult with an experienced estate planning professional as early as possible as you proceed toward divorce, as well as throughout the process and after the divorce is final. This can help you ensure that your intentions are properly codified and that there are no gaps in your estate plan.]]>On Behalf of Houser Firm<![CDATA[How much of a Texas estate may go to estate taxes?]]>https://www.houserfirm.com/?p=501722026-04-08T10:57:14Z2026-04-13T10:56:26ZEffective estate planning requires a big-picture perspective. Testators need to consider how an inheritance might affect their heirs or beneficiaries. They need to consider how their assets may appreciate in value and how inheritances could affect family dynamics.
In some cases, they may need to strategically plan in advance to eliminate or at least minimize estate tax obligations. While Texas does not collect an estate tax, residents of the Lone Star State could be subject to federal estate taxes.People who understand how costly federal estate taxes can be may understand why planning in advance for those taxes is so important.
The federal estate tax rate is progressive
It is challenging to predict an estate’s exact tax burden, as the tax rate that applies isn’t a flat rate. Instead, the tax rate varies depending on the overall value of the estate. The lowestfederal estate tax rate is 18%.As the amount by which the estate exceeds the federal exemption threshold increases, so does the federal tax rate. Any estate that is $1 million or more above the threshold established for federal income taxes could be subject to a 40% tax rate.A significant portion of an individual's resources may end up liquidated to pay federal taxes instead of heirs or beneficiaries without prior planning. Those with valuable assets may need to strategize to protect those resources after they die.Athorough estate plan can address tax risks in addition to identifying the people who should inherit the specific resources. Learning more about the financial complications that can undermine a legacy can help people create effective estate plans that reduce losses to taxes and other financial obligations.]]>On Behalf of Houser Firm<![CDATA[Planning for digital assets is critical]]>https://www.houserfirm.com/?p=501702026-03-25T06:43:37Z2026-03-30T06:42:48ZCreating your estate plan means having to take account of all the assets you own. While you might be focused on things like your home, you can’t neglect non-physical assets. These include things like your online bank accounts, social media profiles, cloud storage and cryptocurrency wallets, which are all part of your digital footprint.
Digital estate planning focuses on organizing these assets and ensuring that there’s someone assigned to receive and control these assets after you pass away. The challenge with doing this is that each platform may have different requirements.
Getting the digital assets prepared
The first thing you need to do is to take an inventory of your digital assets so you can assign each one to someone. You should include the username and password for each one, but that’s something you should keep somewhere safe until you pass away, so they can’t access your accounts while you’re living. Once you have all the information recorded, you need to provide instructions for each one. This might include wanting the person to preserve the account, transfer it to themselves, use it as they see fit, or delete it. In some cases, you may need to leave a legacy contact on specific platforms. Doing this while you’re setting up your estate plan ensures that you have everything in order for when you pass away. It will make it easier for your loved ones to gain access to the accounts if you follow each platform’s requirements. Getting a comprehensive estate plan together can help to give you peace of mind, and it will help your loved ones to know your exact wishes when they’re handling your final affairs. Working with someone familiar with these matters can help you to learn about how to get everything set in the most appropriate manner. ]]>On Behalf of Houser Firm<![CDATA[2 FAQ about living wills]]>https://www.houserfirm.com/?p=501682026-03-17T10:32:38Z2026-03-20T10:32:02ZWhat are the benefits of a living will?
When you make plans for your future incapacity, you help provide a way for your doctors, nurses and loved ones to understand your medical directives and honor them accordingly. This not only empowers you to take control of your end-of-life care but also relieves your family of having to make the tough decisions on your behalf.
For example, you wish to die by natural processes and reject the use of life-sustaining treatments. Since you showed this detail on your living will, your healthcare providers can follow them.
However, it is important to note that your living will can only take effect when your doctor confirms that you have no hope of recovery. It does not allow assisted suicide and becomes invalid if you are pregnant.
When can my healthcare providers use my living will?
Your living will is enforceable when your condition is either terminal or irreversible. When you suffer from an irreversible condition, it means that your disease may be treated but can never be cured. Two examples of this are cancer and Alzheimer's disease.
On the other hand, when you are terminally ill, it means you are expected to die within six months.
Your end-of-life care choices should be yours to make
By understanding how a living will works, you can create your estate planning document and have your spouse or parents use it in the event that you fall into a persistent vegetative state or become terminally ill.
This act not only helps your healthcare providers learn about your medical treatment preferences but also provides a way for everybody to honor your end-of-life care decisions.]]>On Behalf of Houser Firm<![CDATA[Probate proceedings for out of state real property]]>https://www.houserfirm.com/?p=501692026-03-11T13:04:05Z2026-03-16T13:03:31ZProbate proceedings usually take place where a person lived. Jurisdiction for probate matters depends on the address of the deceased party in most cases.
However, individuals with extensive mistakes may have properties in more than one location. Texas is a popular destination for snowbirds who live in colder northern states and who want to escape winter each year. There are also many who invest in Texas real estate despite living in other states. If a person who lived and died in another jurisdiction owned real property or other valuable assets physically located in Texas, an ancillary probate case may need to take place in Texas.
How ancillary probate proceedings work
In a simple probate scenario, the personal representative of an estate submits a will to the probate courts or affirms that they could not locate estate planning documents. From there, they follow estate planning instructions or state statutes as they manage the estate and distribute its resources to beneficiaries or heirs. In a scenario that requires ancillary probate due to assets spread across multiple states, the personal representative initiates primary probate proceedings in the state where the decedent lives. They must also submit paperwork to the probate courts in Texas to initiate ancillary proceedings. Those proceedings help ensure that the personal representative appropriately manages the real property, business resources or other Texas-based assets. The process allows for Texas creditors to file claims against the estate and helps ensure that the personal representative fulfills all of the financial obligations of the decedent. Individuals already overseeing probate proceedings in another jurisdiction may need assistance if they must also initiate ancillary probate proceedings in Texas. Partnering with a local lawyer is often the best option for those handling an estate with property in more than one jurisdiction.]]>On Behalf of Houser Firm<![CDATA[3 legal strategies that can help to protect valuable assets]]>https://www.houserfirm.com/?p=501662026-02-25T09:26:27Z2026-03-02T09:25:54Z1. A family limited partnership
If multiple family members help run or benefit from a business or professional practice, then a family limited partnership can be a valuable tool. Family members invest in the company to pool their resources. The separation created by the family limited partnership can help protect investment capital and the business from claims against individual family members.
2. Limited liability companies
Limited liability companies (LLCs) can help shield individual owners from liability when they run companies. They can also hold various assets, including investment real estate, for owners. LLCs can serve as a legal shield when individuals face creditor claims or lawsuits.
3. Irrevocable trusts
Transferring ownership of valuable assets to an irrevocable trust can protect those resources from outside claims. Irrevocable trusts require careful planning, as they are very challenging to adjust after their formation.
People with business resources, real estate holdings and other investments may benefit from creating a robust asset protection plan. Working with a lawyer familiar with asset protection planning and wealth preservation can be crucial for those who want to prepare in advance for potential future challenges that could diminish their resources or the legacy they aim to leave for loved ones.]]>On Behalf of Houser Firm<![CDATA[Tips for choosing the right estate executor]]>https://www.houserfirm.com/?p=501632026-02-11T10:00:05Z2026-02-16T09:59:09ZThe role of an estate executor can be difficult on numerous fronts. It can be an emotional time after a parent has passed away, and administering an estate can also be complex from a legal and financial perspective.
As such, selecting the right executor is very important. Here are a few tips to keep in mind when naming that executor in an estate plan.
Financial experience can help
First and foremost, it may be beneficial to choose someone who has direct financial experience. Perhaps they work in the financial industry, or they have a formal education in something like accounting.
Consider their personality
Furthermore, you need to know that the person has the correct personality and is willing to take on this role. They need to have a high attention to detail, and they need to take the responsibility seriously. It is also important to select someone who understands your values and the family dynamics as they navigate this process.
Choose someone who will be available
Availability is also quite important, and that starts with age. You want to choose someone who is younger than you, but not too young. They need to be mature enough to handle the responsibility, but you also need to know that they are going to live longer than you will.Furthermore, it helps to think about their availability from a geographical perspective, or based on the demands of their career or lifestyle. Choose someone who will have the time to take on the responsibility and who will be physically available to do so when necessary.
Setting up an estate plan
Choosing an executor is just one step in making an estate plan. Carefully consider all of your legal options at this time.]]>On Behalf of Houser Firm<![CDATA[2 types of charitable trusts you can use in an estate plan]]>https://www.houserfirm.com/?p=501612026-01-28T15:21:53Z2026-02-02T15:20:58ZIf you have money to spare, you may want to secure your legacy by contributing to a charitable cause. Many charities would struggle to survive without the generous donations people make.Two of the main ways you can do this are via a charitable lead trust or via a charitable remainder trust. Let’s examine the differences between them.
Charitable lead trusts
With a charitable lead trust, you can help the charity of your choice with donations for a finite amount of time -- whether that's for ten years, twenty years or even longer. It’s up to you to determine the time frame and how the annual payment will be calculated. The trust will then make payments to the charity for that stipulated timeframe. Once that point is reached, anything left in the trust will be distributed to your beneficiaries.
Charitable remainder trusts
These trusts work the other way around. First, they look after the beneficiaries you name. Then, when the limit you set is reached, they pass what is left (the remainder) to the charity you have named. So, you might decide to have the trust pay out annually to your grandchildren and, when the last of those beneficiaries has died, transfer the remaining assets in the trust to the local animal shelter. Or you might just give your child 20 years of payments, by which time they should be able to support themselves, at which point any money still in the trust goes to the junior sports team you used to coach.Getting your estate plan right is crucial if you want it to work as you intend, so legal guidance is often a wise investment.]]>