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The answer to this is a resounding, “YES!” Naming only one beneficiary is never a good idea because doing so leaves our estates vulnerable to being distributed in a way we do not intend. Unless we are expected to die within a short amount of time, naming a secondary beneficiary is essential. What is a secondary beneficiary? Often called a contingent beneficiary, a secondary beneficiary is a person or entity who is entitled to receive estate assets if the primary beneficiary is unable or unwilling to accept the assets. Secondary beneficiaries can be just about anyone we desire them to be – people, charities, trusts, etc. What happens if I don’t have a secondary beneficiary? If your primary beneficiary predeceases you or otherwise does not accept the assets of your estate and you have not named a secondary beneficiary, your estate planning will have been in vain. The laws of the Great State of Texas, under a process called intestate succession, will govern how your estate is distributed. The laws are designed so that our closest kin receive our assets. Stepchildren, parents, spouses, and other loved ones are often left out or inherit much less than we intend. To ensure that our wishes are carried out to the fullest extent, naming a secondary beneficiary (and several more alternate beneficiaries) is important. Who can I name as a secondary beneficiary in my estate, will or trust? The answer is that it’s your property and your plan. You can name whomever you like as a secondary beneficiary or any other beneficiary. We urge you to name as many contingent beneficiaries as will assure you that your estate will pass to someone you love or an organization you wish to support. Our job is to listen to you and create an estate plan that meets your needs and honors your wishes. Questions? We are here to help. Simply thinking of creating an estate plan seems daunting to many people. They believe that they must have their whole lives organized before seeing an attorney. The truth is that seeing an attorney and answering questions about your family and your finances is enough for the attorney to help you create a plan. Remember, planning is not only about your assets but also about your wellbeing should you become unable to make your own decisions. Contact us to learn how we can help you create a plan tailor made to suit your needs.

On behalf of Law Office of Tawana H Gray posted in Estate Planning on Thursday, January 21, 2021. When I tell people that I am an estate planning attorney, they often ask, “Do you do Wills?” My answer is always an enthusiastic, “Yes.” And I follow up with, “A Will is a basic part of an estate plan.” I think people ask that question because they believe that estate planning if only for wealthy people. After all, most of us do not have estates, do we? When we estate planning attorneys use the word estate, we simply mean stuff. Not just wealthy people have stuff. We all do. Not just wealthy people want to determine who gets their stuff when they die. We all do. Therefore, we all need some level of estate planning. The term estate planning goes further to encompass not only what happens to our stuff but also what happens to us should we be unable to make decisions about ourselves and our stuff. Dying is not something that only happens to old people and neither is becoming incapacitated. So far in my career the age range for my cases has been 18 to 102. Though there are a lot of fancy ways to go about estate planning, if you are one of those people who thinks it’s not for you, keep reading. I urge you to have the following documents drafted to protect yourself, your family, and your stuff. 3 Must Have Documents for a Basic Estate Plan Will With a Will: You decide who gets your stuff when you die. Without a Will, the Texas Legislature decides who gets it. I don’t know about you, but if I worked for it, no one should say who gets it but me. You can appoint a guardian for minor children or adult incapacitated children. There’s a better way to do it, but, hey, we are talking about the bare minimum here. You help to ensure that more of your money and property goes to your designated beneficiaries, instead of going to the courts and attorneys. Not planning is a sure-fire way to pad the pockets of the attorneys who help your family clean up and settle your affairs, and your estate will likely be responsible for paying every penny of the fees. You keep down confusion and family fights. You may think, “I’ll be walking around Heaven. Let ‘em fight!” But wouldn’t it be much better for the people you raised to act like the people you raised? Durable Power of Attorney With a Durable Power of Attorney: You appoint a person (called an agent) to handle your financial affairs if you become unable to do so. You should pick a person you trust to always act in your best interest. You should name an alternate agent, if possible, to step in if your first choice is unable or unwilling to act. You avoid the need for a guardian of your estate. If you become incapacitated and don’t have an agent, it may be necessary for a court to appoint one (a guardian of the estate) for you. That means having a court in your business and attorneys in your pocket. It’s not cheap, plus the court may not appoint the person you would have appointed. Medical Power of Attorney With a Medical Power of Attorney: You appoint a person (called an agent) to make your medical decisions if you become unable to do so. You should pick a person who will honor your wishes. You should name an alternate agent, if possible, to step in if your first choice is unable or unwilling to act. You avoid the need for a guardian of your person. If you become incapacitated and don’t have an agent, it may be necessary for a court to appoint one (a guardian of the person) for you. Here we go again with the court in your business and attorneys in your pocket. You may not be rich, but you have some stuff. You may not be old, but you are human. We are all going to die (current death rate is one out of every one), and we are all subject to becoming incapacitated (think freak accident, illness, etc.). Therefore, you need, at minimum, a basic estate plan. To choose or not to choose? That is not the question. By choosing not to make your person plan, you have chosen the plan the government has for you. Get Estate Planning Help in Dallas-Fort Worth The Law Office of Tawana H. Gray will help you create an estate plan that is fully tailored to your individual needs, even if it’s just the basics. Our services are cost-effective, efficient, and designed to provide peace of mind to you and your loved ones. To speak to our Texas estate planning attorney, please call 817-270-9975 or simply contact us online at your convenience.

On behalf of Law Office of Tawana H Gray posted in Estate Planning on Monday, March 20, 2017. If you’re a millennial, making an estate plan may not be the first thing on your mind. For one thing, you may have more student loans than any sort of estate to speak of. You may also be busy establishing yourself in a career, buying a first home or starting a family. But despite having other more immediate preoccupations, it’s important not to neglect creating an estate plan. You needn’t be a certain age to have an estate plan, nor do you have to have a certain amount of money. For the reasons outlined below, having an estate plan is important for everybody, including millennials. 1. You have kids. If you have children, it’s particularly important to establish an estate plan that includes a designated guardian for your children if anything should happen to you (injury, death) that would render you incapable of taking care of your family. Having a will in place is important, too, as it outlines the parameters of your childrens’ inheritance in the event that you and/or the other parent should die unexpectedly. 2. You don’t (yet) have an advance directive. If you become injured and unable to make medical decisions for yourself, it can greatly ease the burden on your family to know ahead of time what sorts of treatments you would or would not want to undergo. By having this information formalized, you also ensure that your wishes are recorded, so that any treatments you receive will proceed according to your wishes. 3. You’re living with a partner, but are not married. If something happened to you, who would you want to manage your estate and personal care? Your family? Your partner? Someone else? If you are not married, your partner is not the legal default for this role. If you wanted them to play this role for you, you would have to designate them as an official durable power of attorney and medical power of attorney. Estate planning issues can be challenging for anybody– not just millennials–to address in a timely manner. But it’s as important for younger people to have a plan in place as it is for anyone. If you want to start establishing peace of mind and security for yourself and your family, it’s important to speak with a qualified estate planning attorney about your priorities and goals.

On behalf of Law Office of Tawana H Gray posted in Estate Planning, Guardianship on Wednesday, August 23, 2017. As your parents age, you and your siblings will face issues of how to take care of your aging parents. As uncomfortable as it is to think about, your parents will likely need extra help in their golden years. Some folks will suffer from dementia, or they may become incapacitated in other ways. Forming a care plan with your siblings will help you find solutions for your parents that work for the whole family. You and your siblings must make important decisions on issues such as power of attorney, guardianship and estate planning. Sadly, the process can be fraught with tension and conflict if the adult children are not on the same page. You may wish to keep a few helpful tips in mind when facing parental elder care to avoid common mistakes that siblings face when caring for their parents. Tips for helping mom and dad Here are some tips for working with your siblings that can make caring for your aging parents much easier: Share information Communicate about the tough issues Make a plan Share responsibility Seek outside help if needed Share Information Know that everyone doesn’t see the same concerns when it comes to your parents. One sibling may stop by more often, while another may call frequently. Mom and dad may be choosy when it comes to sharing their needs as well. When siblings communicate about their parent’s health and concerns by sharing their observations, it helps to get everyone on the same page. Communicate about the tough issues In addition to the exchange of information, now it is time to start talking about issues like end-of-life wishes, advance directives and funeral plans. It can be hard to discuss such sensitive topics with your parents and siblings since it is a subject that many of us do not want to face. But having a sense of your parents and your sibling’s expectations, needs and desires can reduce the tension for everyone further down the line. Make a plan Have a plan in place will help when the time comes to make quick decisions. Designating power of attorney should be part of the plan, so the family knows who will be responsible for making financial and medical decisions. If your aging parent is moving in with one of you, you should discuss the details and make this part of the plan also. Share responsibility The perk of having siblings is that you can make the daunting task of elder care a team effort and reduce the strain on one person. Even if one of you has agreed to do the bulk of the caregiving, that person will probably be relieved to share some of the daily tasks with a sibling. Primary caregivers should also make room for their siblings to step in and have some input so that everyone has a chance to help. Seek outside help if needed Know that your family doesn’t have to go it alone. If the task of caring for an aging parent is too much to handle, there are professionals available. From home health aides to independent legal counsel, there are trained individuals ready to help you with your questions and concerns about caring for your parents.