DEAR JEFF: I would like to leave some absolute acreage to my children, but I don’t appetite them to accept it until I die. I additionally don’t appetite them to accept to go through probate. I apperceive I could put the acreage in a trust, but that seems like abstract to me. I don’t, and won’t, accept a actual big estate. Can what I appetite be done? Thanks, “Want It All”
Dear “Want It All”: Yes, what you appetite can be done, through the use of a assurance accomplishment with retained activity acreage (also frequently alleged a Lady Bird Deed). A abstracted certificate additionally exists alleged a Transfer on Afterlife Deed, but it does not accommodate abounding of the aforementioned protections as a Lady Bird Deed.
Under a Lady Bird Deed, the grantor (you) accomplishments acreage to the almsman (in your case, your children), but retains the appropriate to use the acreage during your lifetime.
An important aberration amid a Lady Bird Accomplishment and a accustomed activity estate, however, is that the grantor additionally retains the appropriate to advertise the property, allowance it to addition else, or accumulate it for the beneficiary. Upon the grantor’s death, if the Lady Bird Accomplishment is still in effect, appellation to the acreage passes alfresco of probate to the beneficiary. A Lady Bird Accomplishment is a able apparatus not alone for acreage planning, but additionally in the breadth of Medicaid planning.
DEAR JEFF: I am complex in a cloister case that I filed on account of my child, who was afflicted in an auto accident. The cloister has appointed a guardian ad litem. What does this being do, and why are they necessary? Thanks, “Next Friend”
Dear “Next Friend”: A guardian ad litem is appointed to represent the interests of a accessory back the interests of a ancestor may be adverse to the minor. As a amount of practice, the ad litem will be appointed in all cases of your type.
The action of a guardian ad litem is to act as an adviser to the court. The guardian advises whether the aing acquaintance has an absorption adverse to the minor. In cases in which a adjustment is reached, the ad litem has a assignment to admonish the cloister whether approval of the adjustment is in the minor’s best interest. The fees for the ad litem’s time are usually burdened as costs of court.
Jeffrey Bates is accountant to convenance law in the State of Texas, but is not lath certified in any breadth of specialty by the Texas Lath of Acknowledged Specialization. This cavalcade is meant for accepted admonition and educational purposes only, and neither this cavalcade nor the assignment of a acknowledged catechism via email constitutes the conception of an attorney/client accord amid the clairvoyant and Jeffrey Bates and/or Southern Newspapers Inc. For specific admonition apropos acknowledged affairs affecting you, argue an attorney.
To abide a question, accelerate it via email to [email protected], or via approved mail to Ask the Lawyer, 101 S. First St., Lufkin 75901.
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