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For some people, their estate planning documents are as private as their income tax returns, and nobody is ever given copies. For other people, estate planning documents are no different than a spare key to the house, and every family member and executor and/or trustee named in the documents is given a copy. If you are the type of person…

The gift tax is a tax on the transfer of property by one individual to another while receiving nothing, or less than full value, in return. The tax applies whether the donor intends the transfer to be a gift or not. The estate tax is a tax on your right to transfer property at your death. It consists of an…

Many clients ask, "Where is the best place to keep original estate planning documents?"  The best place is probably in a safe deposit box because it will protect the documents from theft, fire, accidental loss, and most other types of damage or harm. A potential problem, though, is getting it opened after your death. If you decide to keep your…

Section 41.0105 of the Texas Civil Practice and Remedies Code provides that recovery of medical expenses is limited to amounts “actually paid or incurred . . . .”  Tex. Civ. Prac. & Rem. Code Ann. § 41.0105 (Vernon 2008).  Plaintiffs’ attorneys argued this meant that plaintiffs are entitled to recover all amounts paid and all amounts incurred, including amounts adjusted…

There’s no question that estate planning for young families is a must.  Not only does proper estate planning determine who will care for your minor children, it avoids a costly guardianship. What is a guardianship? When parents leave behind minor children without a will or other proper estate planning, the Court must intervene and create a "guardianship" to determine who…

This past Fourth of July weekend, APD made approximately sixty DWI arrests.  If you find yourself being pulled over on suspicion of DWI, here's what to do: Smile, you’re on camera!  This begins before the officer turns on his overhead lights, and it continues until you are at the police station.  If you are within earshot of the officer, your…

The 2011 Texas Legislature recently adjourned its regular session.  Here are some of the changes it made affecting DWI arrests: DWI.  HB 1199 ups DWI from a Class B Misdemeanor to a Class A Misdemeanor if the suspect has a BAC of 0.15 or more at the time the analysis is performed. DWI.  HB 1199 also provides that an intoxication…

I.  Introduction If you will go back and serve in your company honorably until this war is over, you’ll get an honorable discharge and not the death sentence. -General Dwight D. Eisenhower It was 7:30 in the morning when they arrived at No. 86.  The weather was cold and miserable, and the fifteen inches of snow made the morning’s journey…

Starting your own business?  Forty percent of new businesses in Texas are organizing as limited liability companies (“LLCs”).  Depending upon your particular tax concerns, need to raise capital, and concern with personal liability, an LLC might be advantageous. What is an LLC? The LLC is a relatively new business organization that has substantial advantages over other business entities. What are…

Your Last Will and Testament is perhaps the most affordable—and most important—legal document you will ever obtain. Your Will determines (among other things) who inherits your estate, who administers your estate, who takes care of your children, who takes care of their property, and even who cares for your pets.  Without a properly drafted and executed will, the Court is…