What on earth is a flight plan and why do people need one?  The name is derived from the song “I’ll fly away.”  You know the one… “I’ll fly away, oh, glory, I’ll fly away. When I die, hallelujah, by and by, I’ll fly away.” A flight plan is simply a folder that contains important documents, key information that heirs may need to access upon someone’s death, hospitalization, or other incapacitation.  Taking the time to gather up important documents and critical information is one of the best gifts… Read More →

A recent case involving a will devising “personal effects” to a family member is a good reminder of the need to be detailed and complete when drafting a will, and the importance of residuary clauses. Background In 1990, Mildred Ethridge drafted a will that included the following provisions: I, MILDRED L. ETHRIDGE, (femme sole) of Midland County, Texas, for the purpose of the distribution of my entire estate, real, personal and mixed, which I wish to have take effect at my death, do make, publish and declare this… Read More →

We recently discussed Transfer on Death Deeds in Texas.  If you missed that blog post, click here. Today, we will turn our attention to enhanced life estate deeds, also known as “Lady Bird Deeds.”  Unlike Transfer on Death Deeds, Lady Bird Deeds (“LBD”) are not a statutory creation, meaning there are no set statutory guidelines regarding these documents.  Instead, it is Texas case law that governs the interpretation of LBDs, and there are actually very few cases on this topic. What is a LBD?  A LBD is a deed… Read More →

In 2015, the Texas Legislature created statutory guidelines for “Transfer on Death Deeds” in Texas.   The “Texas Real Property Transfer on Death Act” provides the requirements for using a transfer on death deed (“TODD”) in Texas.  Importantly, these statutory requirements apply only to a deed executed on or after September 1, 2015 by a transferor who died on or after September 1, 2015.  Any deeds attempting to directly transfer real property at death prior to that date may be effective, but will not be governed by the provisions… Read More →

A case from the Tyler Court of Appeals back in 2017 recently caught my attention   Hare v. Longstreet offers a good reminder that the way one sets up a bank account can have important consequences down the road, and there are specific rules related to joint accounts of which people need to be aware. Background In 1998, L.D. Hare opened a checking account in his name at Austin Bank.  In 2000, he added Sherry Longstreet to the account.  In 2015, he added his son, Larry Hare, to the… Read More →