The United States of America celebrates its independence on July 4th, but you can rest assured that you too can declare independence for your family — from court interference. Life can be unpredictable. Whether it is a financial issue, the birth or adoption of a child, sickness or incapacity, it is important to be prepared […]
Financial Power of Attorney
John Oliver Explains Guardianship and How to Avoid It from Austin Estate Planning Lawyer Liz Nielsen
On his HBO show, Last Week Tonight, John Oliver recently provided a scary, funny, and occasionally explicit explanation of how guardianship works. The video is embedded above, and we encourage you to watch it (as long as there aren’t any children around!). What is a Guardian? As explained in the video, a guardian is […]
Agent Now Has Duty to Preserve Estate Plan from Austin Estate Planning Lawyer Liz Nielsen
Imagine a situation where daughter is serving as the agent under mom’s financial power of attorney. Mom’s estate plan provides that her estate will pass 40% to daughter, 40% to son and 20% to mom’s favorite niece. The main asset in mom’s estate is a nice (and very valuable) Westlake home. In order to avoid probate on mom’s death, daughter files a lady bird deed, naming daughter and son as the only beneficiaries of the family home. Does the slighted niece have any recourse?