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Common Law vs Ceremonial Marriage

Some states only consider a marriage valid if it is done through the formal marriage process. This process includes applying for and obtaining a marriage license, and having an officiant officiate the wedding. Other states, however, recognize another valid marriage that does not include the formalities—a common law marriage. Texas is among the states that recognize common law marriages. For a Texas court to establish a common law marriage exists the party must assert three elements that must be satisfied simultaneously. These elements are that the parties: 1) have an agreement to be married; 2) live together as a married couple; and 3) hold out to others that they are married. A common law marriage may also be evidenced by a declaration of information marriage filed with the county clerk. In most cases, there is no formal document and couples will instead prove their marriage by providing proof of the three required elements.

In cases where both parties are alive and agree that the elements of a common law marriage have been met, establishing the existence of such a marriage can appear relatively straightforward. By contrast, in probate proceedings where one party is deceased and unavailable to attest to the elements of the relationship, proving the existence of a common law marriage becomes considerably more difficult.

Although Texas law affords common law marriages the same legal standing as formal marriages, the burden of proving the existence of a valid common law marriage becomes critically important during probate. If such a marriage is established, the surviving spouse is entitled to inherit the estate.

Common Law Elements

While proving the elements of a common law marriage may be straightforward when both parties are alive to testify, it becomes significantly more challenging when one party is deceased—especially if others are contesting whether the marriage ever existed.

A couple must have an agreement to be married. Such agreement does not have to be expressed and can be implied through circumstantial evidence, so long as it shows the couple intended to create an immediate, present, and permanent marriage and not just temporary cohabitation. Direct testimony relating to the reasoning behind the union, descriptions of the union, and that such union occurred through informal ceremony is enough to establish the agreement element. Proving that there was an agreement to be married may prove itself challenging in the context of probate. This agreement does not need to be in writing—it can be oral and known only between the two parties. But if one party is deceased and cannot testify, and there is no additional supporting evidence, it becomes much more difficult to convince the court that such an agreement ever existed. It is important to highlight that the agreement to be married can be implied through circumstantial evidence. That being said, it is not impossible to prove there was an agreement to be married in probate proceedings.

The couple must live together. There is no time requirement, and the cohabitation does not need to be continuous. This is generally not hard to prove because there will usually be a witness to the couple physically living together. However, evidence of intent to cohabit at a later date is insufficient to establish this element if the parties concede they never cohabitated.

The expression may also be known as “holding out to the public” so that the public becomes aware of the couple’s status or that they consider themselves in the community as being married. This is another element that is difficult to prove and is often the most disputed. To prove this reputation, the couple must conduct themselves as married in the public eye or represent themselves as such. Simply put, A couple must have a reputation in the community for being married to sufficiently establish that they held themselves out as a married couple. Occasional references as “husband” or “wife” are insufficient to establish a common law marriage. Additionally, both parties are required to represent themselves as married.

Texas Civil Practice and Remedies Code § 37.005

A person claiming to be the surviving spouse should file a claim for declaratory judgment to determine if there was a legal common law marriage. Under section 37.005 of the Texas Civil Practice and Remedies Code, a person interested as an executor or administrator of the estate of a decedent may have a declaration of rights or legal relations in respect to the estate to ascertain any class, to direct the executors or administrators to do or abstain from a particular act, to determine any question arising in the administration of the estate, or to determine the rights or legal relations of an independent executor or administrator regarding fiduciary fees.

Probate

Probate is the process which courts oversee the distribution of people’s assets are their death. In probate proceedings, the central issue typically revolves around determining how the decedent’s estate will be distributed. For a common law spouse who is facing a disputed claim of inheritance rights, the key element is establishing the marriage. The surviving spouse will need to demonstrate each of the three elements to a common law marriage and they bear the burden of proving the existence of the common law marriage in probate court. The probate court has jurisdiction to determine whether a common law marriage existed, especially if the deceased spouse died intestate, meaning without a will. Evidence to support the common law marriage might include testimony from witnesses and documents such as joint bank accounts or tax returns. If the common law marriage is established, the surviving spouse can inherit a portion of the deceased spouse’s estate.

Next of Kin

When someone dies without a will, intestacy laws distribute assets to family members according to a set of predetermined rules. In Texas, the surviving spouse is given priority, based on the presumption that they will manage the estate in accordance with the decedent’s wishes and in a manner that benefits the estate and its heirs. If there is no surviving spouse, the decedent’s children are next in line for consideration. Tensions can arise when conflicts exist between the surviving spouse and the children. These disputes are often amplified when the surviving spouse claims to have been in a common law marriage with the decedent rather than a formal one.

Property

For a quick review, community property is property that is generally acquired during the marriage and is owned equally by both spouses. Separate property are the assets that were owned before marriage or received as gifts or inheritances during marriage. When distributing property in probate, distribution depends on whether the deceased spouse is survived by a spouse, children, or other relatives. A surviving spouse does not need to go through probate for assets that have joint ownership.

Some important things to review when dealing with a claim of common law marriage in an estate are the assets of the estate, when they were acquired, whether separate or community funds were used to purchase the asset, whether they are separate or community property, and if any other claims for reimbursement or offset exist.

Distribution – Married

When a married person has children or other descendants, distribution depends on whether the property is personal, real, community, or separate. For the decedent’s separate personal property, one-third will go to the surviving spouse and two-thirds will go to the children. For the decedent’s separate real property, the children take all equally, subject to the surviving spouse’s one-third of the life estate. All separate real property will be owned outright by the decedent’s children or other descendants when the surviving spouse dies. Decedent’s share of community property will go to the surviving spouse when all surviving children and descendants of deceased are also children or descendants of the surviving spouse. When there are children and descendants outside of the existing marriage on the date of death, all the children take equally while the surviving spouse retains their own share.

When a married person has no children or descendants, distribution again first depends on whether the property is personal, real, separate, or community. Separate personal property will all go to the surviving spouse. Separate real property distribution will distribute half to the surviving spouse and the other half follow the next of kin hierarchy and award. Any share of community property will all go to the surviving spouse.

Distribution – Unmarried

Contrast this distribution with an unmarried person. If the unmarried person had children or other descendants, all the children take equally to all property. If the unmarried person had no children or descendants, all property is distributed according to the next of kin hierarchy.

If you noticed in the earlier slide, a domestic partner or boyfriend or girlfriend does not have any claim within the laws governing next of kin. This is why clarifying the marital status of the decedent is essential when moving forward with probate. There is no “second class” marriage, so a spouse resulting from either marriage type has the same legal status. This is why if the existence of the marriage is denied and significant property is owned by one or both parties, it is common procedure to suspend discovery concerning property and first determine whether a marriage exists.

Surviving Spouse and Probate

If the surviving spouse is trying to determine whether they need to go through the probate process, ask the following questions. One. Did the deceased spouse own separate property? Two. Are there any children from a previous relationship? Three. Are the assets solely in the deceased spouse’s name without beneficiary designation? And Four. Excluding the homestead, does the estate’s value exceed seventy-five thousand dollars? If the answer to any of the questions was yes, the surviving spouse may need probate.

Scenario

This conversation came about after our firm experienced firsthand the intersection between family law and probate law. The decedent and client were ceremonially married in 1991. They divorced in 2006. However, after coming back together in 2018, in 2022 the couple agreed to be married and remained married without any formal ceremony or license to memorialize their agreement. When the decedent passed in 2024, the couple had been living as a married pair. When things became contested in 2025, the matter of the estate would be ultimately determined by the question of whether there was an agreement to be married.

Just like any other family law marital dispute, there are different ways to provide evidence of an agreement to be married. While an agreement to marry does not need to be shown by direct evidence in order to establish a common-law marriage, it can be helpful in a case where marital status is disputed. This can look like tax forms, questionnaires including relationship status or beneficiaries, and language that refers to one another as spouses used by third parties.

Court have also examined evidence providing the presence or absence of religious ceremonies, premarital agreements, hotel receipts, photographs of the couple, social media posts, insurance applications, affidavits in connection to home sale, apartment applications, and emergency contact relationship indicators. Other evidence could include the name on a driver’s license, the name on a social security card, bank accounts, utility bills, and other property records.

These cases are fact intensive. There are many possibilities to confirm an agreement and establish a marriage. Establishing a marriage will also establish inheritance rights, community property, and homestead rights.

Questions and Consultation

A properly drafted will can help avoid any disputes as an heir or as to marital status. Estate planning can help with a quick resolution and protect your family even after your death.  Reach out to us today if you are needing assistance with a will, probate law, or estate planning.

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Your estate is simply everything you own – your car, home, bank accounts, life insurance, personal possessions, etc. Some estates are large, some are small, but just about everybody has one. What do they all have in common? You can’t take it with you when you die.

Only two things in life are certain – death and taxes. 

Estate Planning has something to do with both. A good estate plan carries out your wishes and instructions and does so with the least amount paid to taxes, legal fees, and court costs.

That is Estate Planning in a nutshell: planning in advance and naming who will receive your things after you are gone. But it is more than that. 

An Estate Plan should be an ongoing process, reviewed, and updated as your family and financial circumstances change over a lifetime. It should include:
· Instructions for your care if you become disabled before you pass;
· Naming a guardian for your minor children;
· Provisions for loved ones who may be irresponsible with finances;
· Provisions for family members with special needs;
· Life insurance, disability, and long-term care insurance.

Many people go through life without making an Estate Plan, but everyone should.

People only tend to think of Estate Planning during key times in their lives. For example, at the birth of their first child, when they retire, or upon the illness or death of a parent. The truth is the right time to create your Estate Plan is NOW—before something happens. 

A basic Estate Plan begins with a Will.

A Will is a document that provides your instructions on how to distribute your property when you are gone. Not everything you own is controlled by your Will. Some joint property and assets that allow you to name a beneficiary (life insurance, IRA’s, etc.) will usually transfer without a probate. A Will has to be probated upon your death. There are ways to avoid probate, which we will discuss in a later article.

Next comes the Powers of Attorney or POAs.

There are several types of POA. Some allow a person to make medical decisions for you if you are unable to make them for yourself. Others let a person make financial decisions for you under the same circumstances. POAs can be limited in the powers they authorize to your agent, or they can be rather broad, depending on your needs and wishes.

Last comes the “Living Will.”

This is sometimes called a Medical Directive or Directive to Physicians. This document is where you outline your wishes in case you become terminally ill and need to be on life support.

This is just an example of a very basic Estate Plan. You may need other documents, depending on your estate and your situation. Your plan should be personalized to include all the things you want and need. For example, you may want to include funeral and burial instructions for your loved ones to follow.

Also, pay attention to the words and definitions used in your Estate Planning documents. Some of the standard definitions may not fit your situation, especially if you have a blended or non-traditional family. Be sure that general terms like “spouse,” “heirs,” and “children” are clearly defined to fit your situation and your requests.

There are plenty of do-it-yourself Estate Planning services on the internet these days, and that is certainly better than nothing. But the best way to protect yourself and your loved ones is to consult with an experienced attorney. Then, you can be certain you have addressed every possible concern, leaving nothing to chance.

Now that you know the basics, are you ready to get started? Give us a call at 210-368-9708 and schedule your Estate Planning consultation today!

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When choosing an executor, keep in mind that an executor of an estate must be at least 18 years old and of sound mind.

Additionally, it is important to note that a person who is incapacitated or a convicted felon under any state or federal law, will be deemed unqualified, Additionally, a person will be disqualified if they are not a natural person—meaning a living human being—or corporation. A corporation is also disqualified if they are not authorized to act as a fiduciary in Texas. A non-resident of Texas will need to appoint a resident agent to accept service of process. Lastly, the court may disqualify any person the court finds to be unsuitable.

When thinking about who to name as your executor, give some thought to the following:

(1)       Name someone close to you that you think will do the right thing and act according to your wishes.

(2)       Name someone who will act in good faith on behalf of all the beneficiaries listed in the will.

(3)       Name someone who lives in the state of Texas, if possible. This makes it easier to handle
day-to-day matters without having to appoint someone within the state to accept service.

(4)       Avoid choosing a corporation to serve as your executor, if possible. This way you avoid
having them disqualified if they are not authorized to act as a fiduciary.

If you have any questions about naming an executor of your will or want more information, call us today at 210-368-9708 or contact us to make an appointment.

The post Considerations When Naming an Executor in your Will appeared first on Tessmer Law Firm.

Providing for Children with Special Needs

One way you can help provide for a child with special needs after you are gone is by creating a Special Needs Trust. This option is preferred by many families because it allows the child to remain eligible for public assistance programs such as Medicaid and Supplemental Security Income (SSI). These programs tend to have strict eligibility requirements that are based on the financial need of the child. Often when families leave large inheritance to a child with special needs, the child will no longer meet the eligibility requirements for Medicaid and SSI. However, a Special Needs Trust allows a way around this problem.

Third-Party Special Needs Trust

There are several types of Special Needs Trusts. The most common type is a Third-Party Special Needs Trust. Generally, assets held in this type of trust do not impact your child’s eligibility for public assistance programs. These trusts are designed to cover any financial needs that are not covered by public benefits programs like Medicaid or SSI. Typically, assets from these trusts come from you as the parent and are managed by a designated trustee. The assets are not given directly to the beneficiary of the trust (your child) and cannot be used for housing or food expenses. Instead, a trustee will be in charge of distributing the trust assets to pay for things like out-of-pocket medical expenses, caretakers, education, or costs of transportation.

First-Party Special Needs Trust

Another commonly used type of Special Needs Trust is a First-Party Special Needs Trust. Often, these trusts are established when a child with special needs receives a large sum of money from an outside source, such as a settlement from a personal injury suit or proceeds from winning the lottery. First-Party Special Needs Trusts operate very similarly to Third-Party Special Needs Trusts. However, there is one main difference: If your child received government benefits during their lifetime, with a First-Party Trust, the government may be able to claim an interest in trust assets after your child dies .

Deciding whether a Special Needs Trust fits the needs of your family is something many consider when planning their estate. The attorneys at Tessmer Law Firm P.L.L.C. are experienced in Estate Planning and can assist you in making certain you have all possible scenarios covered. Our practice includes sophisticated Estate Planning issues such as high-asset estates, guardianship, conservatorship and establishing special needs trusts. Call 210-368-9708 today to schedule your confidential consultation.

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Whatever other qualifications you consider for the executor of your estate, keep in mind that an executor of an estate must be at least 18 years old and of sound mind.

People that will be disqualified to serve as executor

A person will be deemed unqualified to serve as an executor if the person is incapacitated or a felon who has been convicted of a felony under any state or federal law, unless they have been pardoned or had all civil rights restored. Additionally, a person will be disqualified if they are a nonresident of Texas who is not a natural person—meaning a living human being—or corporation and have not appointed a resident agent to accept service of process or had that appointment filed with the court. A corporation is also disqualified if they are not authorized to act as a fiduciary in Texas. Lastly, the court will disqualify any people the court finds unsuitable.

The process of getting appointed as executor

The will must be offered for and admitted to the court for probate. The judge will then determine if the will is valid. If the will is admitted to probate, the executor will then be appointed. They are then issued Letters Testamentary, which authorize the executor to act on behalf of the estate, giving the executor the authority to transfer assets and access accounts.

Duties of the executor

(1) present the will;

(2) locate and notify all beneficiaries of the will;

(3) give notice to all creditors of the decedent and pay any valid debts owed by decedent;

(4) identify all assets of the decedent and take steps to maintain and protect the assets; and

(5) distribute the assets according to the terms of the will.

Removal of an executor

If you are a beneficiary worried about how the executor of an estate is carrying out their duties, removal of that executor is possible. An executor may be removed after they are appointed for several reasons, particularly if they are not fulfilling their duties. For example, an executor may be removed if they fail to make an account or if they have been guilty of gross misconduct or gross mismanagement in their duties. If there is sufficient evidence to support a belief that an executor has or is about to misapply, embezzle, or remove from the state property entrusted to the executor’s care.

Additionally, if an executor subsequently becomes incapacitated, sentenced to the penitentiary, or becomes incapable of properly performing their duties, they may be removed. If you need help with the removal of an executor, it is best to seek the legal advice of a licensed attorney.

Tips for naming an executor

(1) Name someone close to you, someone you think will do the right thing and act according to your wishes.

(2) Name someone who will act in good faith on behalf of all the beneficiaries listed in the will.

(3) Name someone that lives in the state of Texas, if possible. This makes it easier to handle day-to-day matters without having to appoint someone within the state to accept service.

(4) Avoid choosing a corporation to serve as your executor, if possible. This way you avoid having them disqualified if they are not authorized to act as a fiduciary.

If you have any questions about naming an executor of your will or want more information, call us today at 210-368-9708 or contact us to make an appointment. Here at Tessmer Law Firm, PLLC, we want to provide you the best representation at a reasonable price. 

The post Naming an Executor: What You Should Know appeared first on Tessmer Law Firm.

There are many internet sites, television and radio ads telling us how easy it is to write your own Will.  You may have even heard a family member talk about a hand-written Will, but they don’t tell you about the dangers. There are several things you may be able to do on your own, without the assistance of an attorney, but you shouldn’t take that chance. If you do, you could be gambling with your legacy.

Here are a few reasons you shouldn’t attempt to DIY Estate Planning:

Missing Formalities

Several key elements should be present in your Estate Planning paperwork. Do you know what those key things are? If you don’t, then you could miss several of the specific formalities that must be followed. Not only are the demands from your state, but several federal requirements are also expected. If you miss any of these requirements, or even just address them incorrectly, your entire Estate Plan could be rendered invalid.

No Legal Support

If you attempt to DIY your Estate Plan, you won’t have the support of a competent and experienced attorney on your side. When it comes time to make decisions regarding your Living Will, Medical Directives, and other important documents, you’ll be on your own—and while that may be what you planned for, it’s not at all a good thing.

Google can only get you so far. With an attorney on your side, you can be sure your Estate Plan is personalized to your specific needs and not a form Will that anyone with internet access can download. Even more importantly, you can be sure that all the important boxes are checked, all the necessary documents are present, and that you’ve performed all tasks satisfactorily.

Incorrect Language

The language you use when creating your Estate Plan documents is very important. If you’re too specific, you could hinder your executor’s ability to handle your estate. If you’re vague, you could open up your express wishes to interpretation you never planned for. That’s how families are torn apart by infighting and legal battles.

Please, don’t try to write your own Estate Plan. It isn’t as simple as those do-it-yourself places make it out to be. Yes, a handwritten Will on a napkin is legal in many states, but if you don’t know the requirements for a valid Will, you are opening a big can of worms.

Hire a qualified attorney and rest assured that your documents are thorough and correct.  The cost of an attorney is much less than the cost associated with correcting a mistake after you are gone. And peace of mind? That’s priceless.

Tessmer Law Firm, P.L.L.C. can assist you with a complete Estate Plan suited to your individual needs. Contact us today for a consultation at 210-368-9708. Remember, we are your San Antonio attorneys putting families first!

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An experienced Estate Planning attorney will help you go over various scenarios and be certain you have everything covered in all the right documents. While not a comprehensive list, here are some of the things you should consider.

1.     What are my assets? What are my debts?

Make a list and gather the information and documentation needed to identify all your assets and debts. Some accounts and assets are passed to beneficiaries instead of being named in a Will, such as life insurance policies. Make a list of these, too. This information will be needed by your Estate Planning attorney to make a comprehensive plan.

2.     Who will be the executor of my Will?

Typically, your spouse is your primary executor if you are married. Other options might include one of your children or a sibling. Your executor’s job is to protect your property until debts and taxes are paid and then distribute what is left according to your wishes. Choose someone you trust. 

Your executor must be at least eighteen years of age and of sound mind, meaning not judged incapacitated by a court. In Texas, you cannot name an executor who has been convicted of a felony or anyone the probate court decides has a conflict of interest. You can name a corporation as your executor, but it must be authorized to act as a fiduciary. You may want to name someone who lives near you. Your executor could be handling your estate for weeks, months, or sometimes longer. In Texas, a non-resident executor is required to appoint someone who lives in Texas to act as a “resident agent.”

3.     Who’s getting what?

For most people, it isn’t difficult to decide who to leave things to, but there are still some things to consider. Maybe there is a certain possession with special meaning to one of your children. Do you have your mother’s or grandmother’s jewelry? You may want to pass that to a son for his future bride. Do you think your kids will fight over things? Maybe you want to leave more to one person than another. Cover all your bases and spell it all out in specifics.

4.     What about the kids?

If you have young children, you will name a guardian for them in the event something happens to you. Consider this carefully. You’ll want to choose someone who is willing to take on the task of raising your children, but there’s more to think about. Should you choose someone in the same city, so your children don’t have to move? Is the person you are thinking about someone your children are close to and feel secure with? Will this person raise your kids with your values?

5.     Do I want to leave something to my grandchildren?

You may want to set up an educational trust or stipulate requirements before they receive their inheritance, such as reaching a certain age or graduating college. Depending on the size of your estate, you may need to appoint a conservator to manage any assets your children may inherit. You may want to explore the possibility of creating a trust for your children.

6.     What about my kids from my first marriage?

The formulas typically used in Texas to divide a couple’s assets at death change when one or both spouses have been married prior and have children from the previous marriage. You want to be certain that your prior children are included along with children from your current marriage. Special arrangements can be made through your will and other estate planning documents to guarantee a share of your estate to prior children. This is an area where an experienced Estate Planning attorney can help you cover all the bases.

7.     Do I want to leave something to charity?

Do you have a favorite charity or cause that you want to gift upon your passing? You may want to include a bequest to your church or your alma mater. If your estate is large enough, you might consider establishing a foundation or scholarship fund.

8.     What about my business?

Who will run your business after your passing? Are you leaving stock to your spouse or children? Do you have partners or shareholders? You may need a buy-sell agreement that controls what happens to your interest in the business after your death. What happens if you leave your business to a family member who is not interested in keeping it open? Do you have any intellectual property such as trademarks or patents? An experienced Estate Planning attorney will help you create a solid exit strategy and succession plan for your company.

9.     Do I have any special circumstances to think about?

The most common special circumstances that arise during Estate Planning are blended families and children with special needs. With a blended family, you may want to leave something to your stepchildren as well as to your biological children. Or you may want to protect your biological children’s inheritance should your spouse remarry. If you have a child with special needs, you may need a trust structured in a way that lets your child continue to qualify for benefits like Social Security Disability, or that continues to pay for living facilities or medical care after you are gone.

10.  Where can I find a good Estate Planning attorney?

There are many places to get information about Estate Planning attorneys. The Texas State Bar or local bar referral services are a good start. Ask your friends and family members for suggestions, too. Call the suggested offices and ask questions. Schedule a consultation and meet the attorneys and their staff. Choose an attorney who is a good fit for you, who is confident that he or she can help you. Trust your instincts. Choose a lawyer with a long-term relationship in mind. 

Estate Planning is not just a “one stop and done” event. As life happens and situations change, so will your Estate Plan. Having a solid relationship with one great attorney is easier than starting all over again when a new child or grandchild is born, when you experience a change in your financial circumstances or when changes in federal or state law make your estate plan outdated.

The attorneys at Tessmer Law Firm P.L.L.C. are experienced in Estate Planning and can assist you in making certain you have all possible scenarios covered. Our practice includes sophisticated Estate Planning issues such as high-asset estates, guardianship, conservatorship and establishing special needs trusts. Call 210-368-9708 today to schedule your confidential consultation.

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What Is Probate?

Probate is the court process that takes place after someone dies. During probate, the decedent’s Will is proven valid, then his or her property gets identified, inventoried, appraised, and distributed after any payments to debts and/or taxes. Probate typically involves paperwork and court appearances by attorneys. The estate property pays legal and court fees, which would otherwise go to the decedent’s heirs.

In Texas, a Will generally must be probated. There are different types of formal probate and some simpler procedures, too. An attorney can help decide the best route for your situation. Probate can be quick and easy, or it can be lengthy and complicated. It all depends on the estate and the circumstances involved.

The Texas Probate Code lays out the steps that must be followed:

• The Will is filed with the court and proven valid or invalid
• The court appoints an Administrator to the estate
• The decedent’s property is inventoried and reported to the court
• Any creditors are given the opportunity to file claims against the estate
• Assets left after payment of debts and expenses are distributed according to the Will.

The steps may differ slightly depending on which court is involved. If family members want to fight over the Will, the court will hear the disputes and resolve whatever issues exist. If the probate process sounds daunting, you may want to try to avoid it entirely. One way to do that is to set up a Living Trust.

A Will goes into effect only after you die, while a Living Trust takes effect as soon as you create it. A Trust can be used to distribute property before your death or after. Who should consider a Living Trust? It might be right for you if:

• You want to give someone full authority to manage your assets if you become mentally disabled
• You own real estate outside Texas
• You want to keep your estate completely private
• Your Will is likely to be challenged
• You own assets that will need to probated, and you want to avoid that

It sounds appealing, but a Trust does have some drawbacks. A Trust is more expensive to set up because it must be actively managed after it’s created. A Trust can only control the assets that have been placed into it.

Some things can be done with a Will, but not with a Trust, such as naming a guardian for your children and specifying funeral arrangements.

Which is right for you? Our experienced attorneys can help you decide. Give us a call at 210-368-9708 or contact us here and schedule your Estate Planning consultation!

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The Truth About Estate Planning

People tend to think of Estate Planning at key times during their lives. For example, at the birth of their first child, or when they retire, or upon the illness or death of a parent. The truth is, the right time to create your Estate Plan is now, before something happens. Estate Planning is an ongoing process and should be reviewed and updated as your family and financial circumstances change.

Estate planning is especially important for unmarried same-sex couples. Unlike married couples, your estate will not pass on to your partner if you die. Unmarried same-sex couples must have wills designating their partner as a beneficiary for their partner to inherit property.

Same-Sex Couples With Children

An important issue that often comes up during estate planning is naming a guardian for your minor child. It is common in same-sex relationships for only one partner to be the legal parent of a child. If both partners are not listed as legal parents, and the legal parent dies, the court will choose the child’s legal guardian.

A will allows you, as the legal parent, to express who you want as your child’s legal guardian. If you are in a same-sex relationship, your will gives you the opportunity to name you partner as the legal guardian of your child. By naming your partner as your child’s legal guardian, you increase the likelihood a judge will follow your final wishes.

While creating a will is very important, it is not the only thing estate planning includes.

An Estate Plan Should Also Include:

Powers of Attorney, or POA
Directive to Physician, or “Living Will”
Designation of Guardian

Now that you know the basics, are you ready to get started?  Tessmer Law Firm, P.L.L.C. can assist you with a complete Estate Plan suited to your individual needs. Give us a call at 210-368-9708 and schedule your Estate Planning consultation today!

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