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The Texas Homestead Law

The Texas Homestead Law has historically been designed to protect the property owner with regard to the individual or family residence. There are three primary benefits from a Texas Homestead:

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Inheritance Trusts

Question: My parents will only do basic wills to each other and then to myself and other siblings when my second parent dies. I have heard that there is a much more advantageous way for me to receive my inheritance from my parents.  Is there anything I can do to more wisely protect my inheritance?

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Medical Powers of Attorney

The Medical Power of Attorney and Directive to Physicians and Family or Surrogates are used to plan for situations when a patient can no longer speak for him/her self.

A Medical Power of Attorney (formerly a Health Care Power of Attorney) lets you appoint someone you trust to make decisions about your medical care if you cannot make those decisions yourself. The statutory form for a Medical Power of Attorney is set out in §166.164 of the Health and Safety Code and is a mandatory, not permissive form, as is the accompanying disclosure statement. The purpose of the disclosure statement is to provide information and understanding concerning the nature of the Medical Power of Attorney. Section 166.162 of the Health and Safety code states that a Medical Power of Attorney is not effective unless the principal, before executing the Medical Power of Attorney, signs a statement that the principal has received a disclosure statement and has read and understood its contents.

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Drafting a Living Will

A living will (or advance directive, as it is sometimes known) is not a part of your will—it is a separate document that lets your family members know what type of care you do or don’t want to receive should you become terminally ill or permanently unconscious. It becomes effective only when you cannot express your wishes yourself. If your state recognizes a power of attorney for health care, have one executed to authorize someone to act in accordance with your present intentions.

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Burdette-Rice Probate Law Journal

Thanks you for visiting the Burdette-Rice Probate Law Journal. We will be posting articles of interest relating to probate law, estate planning, trust litigation, and more. Please check back regularly for new updates.





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