Family Law

Will

Why should you use a lawyer to prepare your will? I have heard this question many times over my 25-year practice.

It is true that there are many places that sell will preparation software for $99.99 or even less which certainly is less than the cost of consulting with an attorney to prepare your will. I have even seen free will forms online. So why use an attorney to prepare a will for you?

Do it yourself estate planning is fraught with risk. We have all heard the saying, "you get what you pay for". That observation is certainly applicable to document preparation services. Every do-it-yourself document preparation services or forms I have ever seen, include extensive disclaimers drafted by, you guessed it, lawyers. Generally, they specify that they are not acting as your attorney, that the information they provide is not a substitute for the advice of an attorney, and that they cannot apply the law to the facts of your individual circumstances. Basically, what they are saying is we don't guarantee anything that we provide to you and if it ends up being completely useless, oh well.

At Waterbury Law, P.C. we don't simply fill in forms. We use our years of schooling and experience to analyze your unique circumstances, explain the ramifications of your choices, advise you on the best way to accomplish your goals and objectives, and tailor your documents to address your unique estate planning needs. Document preparation services and online forms cannot do that for you.

While the initial "savings" of creating your will with generic online forms seems appealing, the actual costs of an inadequate will are catastrophic.

Divorce

Texas divorces share several common features, each however, is also distinctly unique. That's why at Waterbury Law, P.C. we take the time to understand your divorce and what's most important to you. Then, we discuss your options and develop the best strategy for your case.

Divorce is defined as, "the dissolution of a marriage by law." Such a dry and clinical definition hardly describes the impact on lives, reallocation of assets, and reassignment of parenting roles that occurs when marriage ends.

Waterbury Law, P.C. understands there is much more to consider than is suggested by a cliché definition of divorce. We make use of many options including divorce trial advocacy, mediation, and collaborative divorce. This broad spectrum of skills combined with over 20 years' experience allows Waterbury Law, P.C. to tailor our representation to each client's unique situation.

For more than 20 years, clients have turned to Waterbury Law, P.C. to help them through what can be a difficult and stressful process. We are available to answer any questions you might have.

Durable Power of Attorney

Everyone should make legal plans to handle a possible future illness or incapacity. If you become incapacitated, you need someone you trust to pay your bills, handle your finances, file your taxes, and to carry on your financial business.

If you do not enact a legal plan in advance, the only alternative may be for a court to appoint a Guardian. This is slow and expensive and something over which you have no control due to your incapacity. A better course of action is to create a Durable Power of Attorney (DPOA) naming an "Agent" to handle your finances. The maker of a DPOA is called the "Principal".

In House Bill 1974 the 2017 Texas legislature passed a significant update to the Durable Power of Attorney Act, effective as of September 1st.

The new law greatly enhances the utility of Durable Powers of Attorney. If your DPOA is more than a year old, consider updating it to comply with the new law. The benefits of the new law include:

1. The signature of the Principal is now presumed to be legally genuine when properly notarized.
2. A DPOA made in another state is now valid in Texas so long as it complied with the other state's laws or with federal law regarding a Military Power of Attorney (which are often seen in San Antonio).
3. A photocopy or computer scan of a DPOA now has the same legal effect as the original document. Under prior law, copies were often rejected in favor of the original or of a certified copy. The new law does allow the Principal to limit or eliminate the use of copies by saying so in the original DPOA. However, granting legal validity to copies makes using a DPOA much easier when the bank, broker or other financial institution is far from home.
4. The Principal can choose which state's law will control the interpretation of the words in the DPOA. If the issue is not addressed, then the law where the Principal resided or where the DPOA was signed will dominate. This may be useful for individuals who live part time in Texas (snowbirds) and want the law of their home state to apply.
5. Coagents may be appointed by the Principal, who can act independently of each other unless the DPOA requires unanimity.
6. The law now allows the Principal to select a person to appoint additional Successor Agents. For instance, if the Agent is your spouse and the Successor Agent is your daughter, you can give someone power to appoint another Successor Agent to act if your spouse and daughter both die, resign or become incapacitated.
7. If allowed in the DPOA, the Agent may delegate authority to others. For instance, the Agent could hire a bank to help pay bills or could hire a property manager to handle rent property.
8. If allowed in the DPOA, the Principal can allow the Agent to create a Living Trust, to make gifts, or to handle beneficiary designations. However, if those powers are not expressly granted in the DPOA the Agent does not have those powers.
9. If the Principal makes a new DPOA, any earlier DPOA continues to be valid unless the new DPOA specifically revokes the earlier DPOA.

These are major changes, but the most impactful deals with acceptance of and reliance on a DPOA. In the past, financial institutions could indiscriminately refuse to accept a DPOA. Under the new law, a new set of procedures has been enacted to help assure that your DPOA can be used when the need arises.

It is important you have a Durable Power of Attorney when the need arises. Contact Waterbury Law, P.C. today so that we can help you with this important document.