By Charlie Malolo

Do I Need a Trust? 5 Reasons to Consider this Great Estate Planning Tool.

What is a Trust? Trusts are a great tool for estate planning that can help avoid probate, simplify transfer of property upon death, and better effect your wishes should the unthinkable should happen to you. Many average folks tend to skip the whole conversation about a trust because it is often thought of as a […]

By Charlie Malolo

Spendthrift Trust: Benefits of Spendthrift Trust Provisions

When setting up your trust, consider the benefits of Spendthrift Trust. As you make a plan for your beneficiaries to take over your property, you may realize that those assets you worked so hard to leave them are exposed to the myriad of creditors that your children accumulate over life. Most people, however, wish the […]

By Charlie Malolo

7 Reasons Why You Need An Estate Plan Even If You Aren’t Donald Trump

Do I need an Estate Plan? Often, we think of planning for property in the event of death or incapacity as something of a rich man’s game. It is common to assume that without significant assets, there’s no real reason to deal with facing the reality of our own death, or what our loved ones […]

By Charlie Malolo

Can I Write My Own Will? 5 Reasons You Should Really Get a Lawyer

Can I write my own will? This is a common question among concerned people looking to take care of their loved ones when they pass: Can I write my own will? The marvel of modern technology gives many tools to those who are eager to attempt a DIY project on their estate plan. In Texas, […]

By Charlie Malolo

Transfer on Death Deeds

What are Transfer on Death Deeds? Starting September 1, 2015, Texas will allow transfer on death deeds. This new document allows homeowners to designate beneficiaries of their real property before they die. When the owner eventually passes away, the property will immediately pass to the designated beneficiaries. The property will still be subject to any liens […]

By Charlie Malolo

Directive to Physician

What is a Directive to Physician? A directive to physician is an essential element of an effective estate plan. The document notifies health care professionals of your desires should your condition become terminal or irreversible. These are terms of art and have specific definitions defined by statute. Below are the actual verbatim definitions for your convenience:

By Charlie Malolo

HIPAA Release

What is a HIPAA Release form? The Health Insurance Portability and Accountability Act (HIPAA) set a legion of standards on the confidentiality of medical records. Because of this, an estate plan that is accounting for a possible incapacity should include a HIPAA Release. The form is a statutory form prescribed by the state and generally […]

By Charlie Malolo

Power of Attorney – Medical and Durable

What is Power of Attorney? A good estate plan doesn’t just address what happens to property at death, but also in the event of an incapacity. This is done through Power of Attorney within an estate plan. It is particularly difficult on a family when one or more of the parents is incapacitated and unable […]

By Charlie Malolo

What is a Will and Do I Need One?

What is a will? A will is a statement from you about how your property should be distributed upon your death. In order for a will to be valid, formalities must be followed in its creation and signing. Absent any instruction from you, the state in which you reside will determine how to distribute property […]