Must a Will always go to Probate?

This column first appeared in the San Antonio Express News on November 20, 2017. Dear Mr. Premack: In Texas, is there a requirement that a Will be probated? Is it a better idea to have a Trust instead of a Will, and how does it work? – C.L. When a person dies, they might have…

Is a Living Trust useful in Medicaid Planning?

This column first appeared in the San Antoni0 Express News on January 16, 2017. Dear Mr. Premack: My parents are in their 80’s and have set up a Living Trust to help them qualify for nursing home Medicaid should they need financial assistance when the time comes. I had read that trusts could be used…

Living Trust management can change on disability

This column first appeared in the SA Express-News and on MySA.com on February 12, 2015. Dear Mr. Premack: My father set up a Living Trust years ago with his attorney and financial planner. It says that he will be the Trustee until he dies or becomes disabled, and then I should be Trustee. He is…

Trust Seminar Should be Avoided

Dear Mr. Premack: I saw an ad for a trust seminar given by a financial planner. It says that a trust is a great way to avoid estate taxes and to avoid probate. I get a free lunch out of the deal, and am considering attending. As a lawyer, can you give me a perspective…