Are you thinking about establishing a trust to provide for your loved ones or to ensure that your most-loved charitable organization can be listed as your beneficiary without needing to go through the probate process? Depending upon your motivations for setting up a trust, it is critical to understand the legal terminology that is used to describe different types of trusts, and to understand your rights and responsibilities as a grantor (the person who creates the trust) with different forms of trusts in Texas.

In Fort Worth, the Texas Property Code governs the establishment and management of most types of trusts. We want to provide you with more information about the different kinds of trusts you can create in Texas, and to urge you to seek advice from an experienced Fort Worth estate planning lawyer to ensure that the trust meets all legal requirements.

Revocable Living Trust

A revocable living trust is a kind of trust that allows the grantor to use the assets during his or her lifetime, and to transfer those assets to beneficiaries upon the grantor’s death. As with other trusts, a revocable living trust does not require probate, which means that assets can pass to the beneficiaries without those parties needing to go through the probate process.

The revocable living trust is created during the grantor’s lifetime. The fact that the trust is revocable means that the grantor can dissolve the trust during his or her lifetime (differently, an irrevocable trust is one that the grantor does not have the ability or authority to dissolve).

Testamentary Trust

A testamentary trust is a particular kind of trust that is created in your will. It does not become activated until your death. Accordingly, none of your assets will transfer through the testamentary trust until after your death. You can create a testamentary trust for a family member or another party and allow you to ensure that your assets will be distributed to that person or persons according to the terms of the trust. Testamentary trusts in Texas can last for a specific number of years (e.g., until a child reaches the age of 30), or they can last indefinitely. Unlike other types of trusts, a testamentary trust does not allow the beneficiary to avoid the probate process.

Special Needs Trust

A special needs trust (SNT), which can also be described as a supplemental needs trust, is a type of trust established for a disabled beneficiary. Typically, a grantor who creates a special needs trust so that she or he can provide for a disabled child or another disabled family member after his or her death in such a way that does not jeopardize the disabled person’s ability to receive Supplemental Security Income (SSI) benefits and other types of government benefits.

Contact a Fort Worth Estate Planning Lawyer for Assistance

When you are thinking about creating a trust, you should work closely with an experienced Fort Worth estate planning lawyer. Our firm can discuss estate planning options with you and help you to make the choice that is tailored to your needs. Contact The Fetty Firm, PC today to learn more about how our Texas estate planning attorneys can help you.

Whether you are in the process of developing a parenting plan for the holidays as part of your Texas divorce, or you are a recently divorced parent, you might have concerns about parenting plans at the holidays. How do you develop a schedule that allows both you and the other parent to spend time with your children during the holiday season? And what should you do if an unexpected issue arises and you cannot stick to the schedule that has been set in your parenting plan? Or, for instance, what can you do if the other parent is not adhering to the terms of the parenting plan at the holidays? We want to discuss some key issues concerning child custody—also known as conservatorship and possession under Texas law—around the holidays, and what parents should consider when developing or seeking to modify parenting plans.

Developing a Holiday Parenting Plan: What to Consider

If you are working on developing a parent plan for the holidays as part of your divorce case in Texas, there are a variety of issues and options you should consider:

• If possible, work with the other parent to reach an agreement about how you will co-parent during the holidays in terms of scheduling. For instance, will you split time evenly during your child’s winter break, or will you co-parent with each parent having the child for the entire winter break every other year? Or, for example, will you alternate holidays, with one parent taking Christmas Eve and the other taking Christmas Day, and then alternating each year? No matter what you decide is best for your family, if you can develop a schedule that focuses on the child’s best interests during the holidays, you can have a co-parenting plan that works.
• Keep in mind that you will need to remain flexible if possible. According to an article in Psychology Today, being flexible with scheduling is one of the best “gifts” you can give yourself during the holiday season. Even if you make plans to travel with your child, or to alternate Christmas Eve and Christmas Day, you should recognize that unexpected events will arise and it can be helpful to plan on being flexible. If your child gets sick, or if the other parent has a legitimate issue that arises during the holidays, avoiding a contentious dispute can help to make the holiday a happy one for your child.
• If your child is old enough to play a role in decision-making, it is important to make your child know that their opinion does matter. Accordingly, if you are able to work out a holiday parenting schedule that is in your child’s best interest—while taking into account your child’s preference—you can help your child to accept the new family situation during the holidays and to feel as though their opinion and preference are important to you and your ex.

When You Need to Modify a Holiday Parenting Plan

What happens if the other parent is simply refusing to abide by the current terms of the parenting plan for the holidays, or a substantial change in circumstances has occurred? In such situations, you can request that the court step in.

Either parent can file a petition to seek a modification of child custody (i.e., conservatorship or possession) in Texas. Under Texas modification law, the court can grant a temporary order while the petition for modification is pending in the court. If you are seeking a modification related to scheduling in time for the holiday season, a temporary order can help. In order for the court to grant a modification, the party seeking the modification must be able to show, according to Texas law, that “the circumstances of the child, a conservator, or other party affected by the order have materially and substantially changed” since the initial order was entered.

Seek Advice from a Texas Family Lawyer

Parenting during the holiday season can be complicated, but having an experienced Fort Worth family lawyer on your side can allow you to develop a parenting plan that meets the needs of your family. Contact The Fetty Firm, PC today for assistance with your case.

Everyone in Texas should have a will, regardless of their age or their health. While many people assume that it only makes sense to work with an estate planning lawyer on a will as you get older or when you learn you are sick, nobody can plan precisely for the future. As such, it is critical to have a valid will through which you can clarify how you want your assets distributed. Without a valid will, if you pass away unexpectedly, not only will you lose the ability to determine how your property is distributed, but your family members will have to go through a difficult process involving Texas intestacy laws.

Whether you are planning to work with a Texas estate planning lawyer on your will soon, or you simply want more information, the following are five things you should know about wills in Texas.

1. Texas Law Has Certain Requirements for a Will to Be Valid

In order for a will to be valid under Texas law, it must meet certain requirements. First, you must be at least 18 years old, or you must be married or in the military. Then, you must be “of sound mind,” which means you must have the mental capacity to create a will that reflects your intentions. In general, you must understand that you are writing a will, you must have the intent to write a will in order to clarify how you want your assets distributed in the event of your death, and you must have a clear sense of the assets you own that will be distributed to your heirs through the will. Your will should also be signed and dated, and it must be witnessed by two people.

2. You Can Revoke a Prior Will in Texas

As long as you remain of sound mind, you can always revoke a prior will in Texas. If you do create a new will, you should make certain that any previous wills are clearly and expressly revoked in writing in your new will. In addition to making clear in writing your intention to revoke previous wills, you should also destroy existing copies of previous wills.

3. Handwritten Wills May Be Valid

Generally speaking, Texas law recognizes formal attested wills—the type of will described above. In addition, Texas courts recognize handwritten wills, which are also known as holographic wills. Unlike a formal will that meets the requirements of Texas law, holographic wills do not require a witness. For a holographic will to be recognized, it must be written completely in the testator’s own handwriting, and it must be dated. However, you should know that it can be easier to challenge or contest holographic wills given that there will not be official witnesses to confirm that the requirements of valid will making in Texas have been met.

4. Spoken Wills Are No Longer Valid Under Texas Law

Spoken wills, also known as oral wills or nuncupative wills, used to be recognized in Texas. However, you should not anticipate that a Texas court will recognize this type of will as valid.

5. If the Validity of Your Will is Not Recognized, Your Estate Will Be Distributed According to Texas Intestacy Laws

If your will is determined to be invalid under Texas law, then your assets will pass according to Texas intestacy laws, or the laws of intestate succession. When a person dies without a valid will, they are known to die intestate.

Contact a Texas Estate Planning Lawyer Today

Texas residents both young and old should have a valid will drafted. While a handwritten will might be sufficient in some circumstances, as we mentioned above, it is always a good idea to create a formal will with the assistance of an experienced Texas estate planning attorney. By working with an attorney on your will, you will have the best chance of ensuring that the terms of the will are valid and that it will not be subject to any unexpected contests. Contact The Fetty Firm, PC today to speak with an estate planning attorney about getting started on your will.