Texas is one of the best states in the country for asset protection planning. Under Texas statutes, the following assets are protected from creditors: Homestead, retirement plans, annuities, life insurance, personal property up to $100,000 (for married couple) and up to $50,000 for a single individual…
A Will is a written document that indicates how an individual desires his/her property to be distributed on his/her death. A Will is usually revocable and subject to being amended at anytime prior to death. A Will may also appoint guardians for minor children along with naming Trustees to hold assets in trust for the benefit of the beneficiaries of the Will...
It is very important to make sure the beneficiary designations on your retirement plans, life insurance policies, certificates of deposit, etc. are dovetailed to complement the estate plan you put in place. If you do not follow through with changing the beneficiaries of these types of assets when you create your estate planning documents, …
A gun trust is a trust which is regulated by the National Fireams Act (NFA). It is a revocable trust which allows Title II firearms to be owned by the trustee of such trust. Additionally, in such trust, whomever is named as trustee of the trust would be allowed to handle such firearms with no issues…
Unmarried couples who own property together are in for a nasty surprise on the death of one of the individuals, especially if that individual did not create a Will during his/her lifetime and/or had created a Will but never updated it when he/she became involved with the individual…
Most individuals are not aware that a trust may be created to take care of loved pets. This type of trust is called a Pet Trust. A Pet Trust would name a "Caretaker" who would receive a deceased party's pet(s) along with funds to help take care of the pet(s) for the lifetime of the pet(s)…
Probate is the legal process through which a deceased person's estate is properly distributed to heirs and designated beneficiaries after the payment(s) of any taxes and/or debt(s) are settled. In general, property which requires probate is distributed according to the terms of the decedent's Last Will and Testament, if a Will exists…
When it comes to taxes, people often think of the downside of parting with hard-earned cash. In reality, the tax bite that may occur on assets an individual owns on his/her death may be the hardest hit of all due to the fact estate taxes are assessed on property on which an individual has already paid tax during such individual's lifetime…
The startup and small business marketplace is still a new and fierce frontier that requires legal advice from an attorney who is deeply entrenched in the particularities of how an entity should be structured and taxed. Our firm gives you a holistic approach so your entity may obtain the best competitive advantage in regards to asset protection, organization, management, control, and taxation by the State and IRS…
Special category federal employees (SCEs) such as Law Enforcement Officers, Firefighters, CBP Officers, Air Traffic Controllers, Law Enforcement Rangers, USFWS Officers, and other employment positions which have a G59 salary, have different rules regarding their retirement plans compared to regular Code K federal employees…
An owelty lien is a special type of lien reserved to a spouse in a divorce. Basically, it is a lien on the entirety of real property which was jointly owned by a husband and wife. Upon divorce, one spouse receives fee simple title to such real property subject to an owelty lien given to the other spouse.
A prenuptial agreement is very similar to a life insurance policy in that an individual will obtain such an agreement hoping it never has to be utilized. A prenup generally states in case you and your spouse ever decide to part ways that you and your spouse would each leave with the assets you owned when you entered into the marriage, save and except for any gifts given to each other…
A dynasty trust is an irrevocable asset protection trust created for the benefit of a third party. This trust may be an irrevocable inter vivos trust created during your lifetime or it may be a trstamentary trust created after your death.