Early Childhood Intervention

Many parents today face raising children amidst a whole host of challenges, like economic downturn, limited to no family assistance, and expanded expectations at work without commensurate increases in pay and/or childcare to name a few.  These challenges may be compounded where a family is struggling with questions on how to assess or provide assistance for a baby or young child who may have an intellectual or developmental disability.  Fortunately, there are programs and services dedicated to early childhood intervention.  The Department of Assistive and Rehabilitative Services has an early childhood intervention program devoted to assisting families with these kind of concerns.  To learn more,  contact the number below and search via the link for services near you:

DARS Inquiries Line at 1-800-628-5115

https://dmzweb.dars.state.tx.us/prd/citysearch

This blog is designed for general information purposes only.  The information contained on this site should not be construed as legal advice or the creation of an attorney-client relationship. 

 

For more information, contact John B. Henry, III, Attorney at Law, to discuss your legal needs, and visit us at www.johnhenrylaw.com.

4-Year Requirement for Probate of Wills

Mom, Dad, Friend...left a will.  Do I have to probate it? If so, is there a time period required to probate the will?

These questions while seemingly vary simple are common traps that some fall into upon the passing a loved one.  For a will's terms to be made effective by law, the will must be probated.  Further, Texas law requires that a will be probated within four years from the date of the deceased individual's passing. Section 256.003(a) of the Texas Estates Code states:

A will may not be admitted to probate after the fourth anniversary of the testator's death unless it is shown by proof that the applicant for the probate of the will was not in default in failing to present the will for probate on or before the fourth anniversary of the testator's death.

Thus, presenting a will for probate within four years of the date of the testator's death is critical to a full and complete administration of the estate involved without having to go through many procedural steps required for such a probate.  Consulting with a probate attorney can be critical to accessing some of the many issues like this one involved in the probate and estate administration process.

This blog is designed for general information purposes only.  The information contained on this site should not be construed as legal advice or the creation of an attorney-client relationship. 

For more information, contact John B. Henry, III, Attorney at Law, to discuss your legal needs, and visit us at www.johnhenrylaw.com.

They're fighting over the body (Part 3): Other ways of directing disposition

This is the third blog entry in the series, "They're fighting over the body."  This entry focuses on other methods that could be used to direct disposition of one's remains other than the designation of agent in an appointment document called "Appointment of Agent to Control Disposition of Remains."

The Texas Health and Safety Code at Section 711.002(g) provides that an individual may direct disposition of remains, including cremation, in a will, a prepaid funeral contract (also known as a preneed burial plan), or a written instrument signed and acknowledged by such person.  As to a will, the Texas Health and Safety Code makes it quite clear that it need not be probated to make the directives enforceable.  Specifically, 711.002(h) states:

If the directions are in a will, they shall be carried out immediately without the necessity of probate.  If the will is not probated or is declared invalid for testamentary purposes, the directions are valid to the extent to which they have been acted on in good faith.As with any designation, its important to remember that these decisions should be reviewed periodically to determine whether or not the persons named or the wished contained in them still fit your desires.  These documents may be altered or revoked in a later writing signed and acknowledged by the principal or person who made the original designations and directions.

These options and how they fit into an individualized estate plan should be discussed with a qualified legal professional.

This blog is designed for general information purposes only.  The information contained on this site should not be construed as legal advice or the creation of an attorney-client relationship. 

For more information, contact John B. Henry, III, Attorney at Law, to discuss your legal needs, and visit us www.johnhenrylaw.com.

They're fighting over the body (Part 2): Appointment of Agent for Disposition of Remains

Not at all uncommon, family members disagree over funeral, burial, and preparation decisions.  One way of giving guidance about your wishes as to the aforementioned decisions is to put detailed language in a last will and testament.  Besides memorializing these kinds of wishes in a will, during your lifetime, you may designate an agent in a document called the "Appointment of Agent to Control Disposition of Remains." Section 711.002 of the Texas Health and Human Safety Code (a)(1) permits an individual to name an agent for just this purpose. It is important to note, too, that the agent not only has the right to make decisions but also bears the financial responsibility for the agency he or she has been granted.  Consequently, any agent or successor agents named in this appointment document must sign the document acknowledging their acceptance of the agency being granted.

This blog is designed for general information purposes only.  The information contained on this site should not be construed as legal advice or the creation of an attorney-client relationship. 

For more information, contact John B. Henry, III, Attorney at Law, to discuss your legal needs, and visit us www.johnhenrylaw.com.

They're fighting over the body (Part 1): Who decides?

With a time sensitive decision, like the disposition of remains, it should be handled with care and efficiency.  However, who is able to make those decisions as a matter of Texas law?  Under Section 711.002(a) of the Texas Health and Safety Code, a list of priority is given:

(1)  the person designated in a written instrument signed by the decedent;
(2)  the decedent's surviving spouse;
(3)  any one of the decedent's surviving adult children;
(4)  either one of the decedent's surviving parents;
(5)  any one of the decedent's surviving adult siblings; or
(6)  any adult person in the next degree of kinship in the order named by law to inherit the estate of the decedent.

What if a person of the highest priority fails, is unable, or is unwilling to act?  Under that same section, Texas law says that where a person fails to make final arrangements or appoint another person to make final arrangements for the disposition before the earlier of the 6th day after the date the person received notice of the decedent's death or the 10th day after the date the decedent died, the person is presumed to be unable or unwilling to control the disposition and their right terminates and passes to a person of the same priority level or down to the next level of priority.

Subsequent entries in this series, "They're Fighting Over the Body," will focus on potential options in addressing designating a person to make decisions concerning disposition of remains.

This blog is designed for general information purposes only.  The information contained on this site should not be construed as legal advice or the creation of an attorney-client relationship. 

For more information, contact John B. Henry, III, Attorney at Law, to discuss your legal needs, and visit us www.johnhenrylaw.com.

Special Needs Planning: Have a family plan!

One of the biggest concerns for families with members who have special needs is "Am I doing enough?"  In my office, we respond with a phrase which is "The best advocate your loved one will ever have is you."  Keeping that in mind, a family with a member or members who have special needs must develop a plan. Organizations like the Arc of the United States and its state and local chapters like the Arc of Texas are great resources for all members of the family.  Organizations like the Arc and local affiliate groups of schools can be of great assistance with issues like understanding changes to benefits systems like Medicaid and its managed care model that affects Texans with special needs.  Understanding that all members of the family are people with varying needs helps to foster an atmosphere of love and care.  Creating a family plan and, of course, an individualized plan for those with special needs is key to creating a forward progression for the whole family.  Subsequent entries will follow about keys to developing a family plan and available resources.

This blog is designed for general information purposes only.  The information contained on this site should not be construed as legal advice or the creation of an attorney-client relationship. 

For more information, contact John B. Henry, III, Attorney at Law, to discuss your legal needs, and visit us www.johnhenrylaw.com.

Emergency Intervention for Funeral and Burial Expenses

The loss of a loved one is never easy, and certainly, not so when funeral expenses are not covered by a preneed burial plan, insurance policy, or accessible funds of either the deceased individual or the surviving family or friends.  Readily, family members seek out the financial assistance of relatives, and unfortunately, despite best efforts, sometimes the family will not come together to pay funeral and/or burial expenses.  

Fortunately, in cases like this, Texas law may allow a court to grant an application for emergency intervention for funeral and burial expenses ordering the financial institution holding funds of the deceased individual to pay to the funeral home up to $5000.00, including attorney's fees and court costs.  The application must meet certain requirements.  Discussing this alternative with a qualified attorney can save surviving family members distress and some unnecessary indebtedness.  

This blog is designed for general information purposes only.  The information contained on this site should not be construed as legal advice or the creation of an attorney-client relationship. 

For more information, contact John B. Henry, III, Attorney at Law, to discuss your legal needs.

The Importance of a Will

At the very least, many people, including legal practitioners, are aware of what a will is and its ability to dispose of property upon the death of the testator (the person who created the will).  However, what is less well known are some issues that this blog will have more detailed individual posts about, including: When must a will be probated? Must a will be in a specific format or have "magic language"?  Is disinheritance permitted in Texas? Why not a revocable living trust?

More globally, however, the importance of a will in today's blended multi-generational families with complex issues cannot be underscored enough.  In fact, it is quite common for people to walk into an attorney's office (from the indigent to the wealthy) and say, "My loved one died not leaving a will.  What happens now?"  Each particular case will require a thorough review of the family history facts involved and all the generations it will concern.  Further, issues of community property v. separate property and children outside of the marriage take a more simple probate into a more complex one.  With a properly drafted and executed will, many of these issues can be avoided or addressed, because along with a properly drafted will, should come legal advice and counsel on the law of trusts and estates.

Therefore, the importance of a will is not just the document itself but the estate planning process that accompanies it.  A properly drafted estate plan addresses many issues like disability, health concerns, charitable giving, estate taxes, management and disposition of property, and memorializing desires.  A will should be one of the many things considered in a thoughtful and comprehensive estate plan.

This blog is designed for general information purposes only.  The information contained on this site should not be construed as legal advice or the creation of an attorney-client relationship. 

Feel free to contact John B. Henry, III, Attorney at Law, to discuss your legal needs, and visit us at www.johnhenrylaw.com.

What are the powers of a guardian?

Guardianship is meant to provide for a person who is otherwise incapable of managing his or her care and/or financial affairs; however, the extent of the guardianship will be tailored to permit the person in need of the guardianship to exercise his or her rights and decision making authority to the extent to which he or she is able. A legal guardian is an individual (and, in some cases, individuals) who is appointed to manage the affairs of an incapacitated person.  To understand what powers a guardian has, a review of the order appointing a particular guardian is critical.  A guardian's powers typically include:

• Ensuring that the incapacitated individual's medical, psychological, emotional, and even educational needs are met;
• Managing and preserving the incapacitated individual's financial assets; and
• Filing all appropriate reports and accounts required.

The powers of a guardian are also accompanied by duties such as providing food, clothing, and shelter, and more generally, making decisions that are in line with what is the ward's best interests, though many jurisdictions are considering to a standard that would take into consideration the preferences and values of the ward. This concept is also known as substituted judgment.  Texas has not adopted such a standard.

Understanding the role of a guardian along with those powers and duties that are involved are critical in assuming the role of guardian. 

This blog is designed for general information purposes only.  The information contained on this site should not be construed as legal advice or the creation of an attorney-client relationship. 

Feel free to contact John B. Henry, III, Attorney at Law, to discuss your legal needs, and visit us on the web at www.johnhenrylaw.com.

Greetings from the Law Office of John B. Henry, III, Attorney at Law

Welcome to Texas Guardianship, Probate, and Estate Planning Blog!  Understanding more about these areas of law not only can be quite useful but critical to responding to events in life that you can foresee and those you cannot.

This blog is designed for general information purposes only.  The information contained on this site should not be construed as legal advice or the creation of an attorney-client relationship. 

Feel free to contact John B. Henry, III, Attorney at Law, to discuss your legal needs and visit us on the web at www.johnhenrylaw.com.