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  1. <?xml version="1.0" encoding="utf-8" ?>
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  4.        <title>Paul Premack</title>
  5.        <link>https://www.mysanantonio.com/author/paul-premack/</link>
  6.        <description><![CDATA[ Certified Elder Law Attorney ]]></description>
  7.            <item>
  8. <title><![CDATA[ Are second marriages and revocable trusts a good combination? ]]></title>
  9. <link>https://www.mysanantonio.com/life/life_columnists/paul_premack/article/Are-second-marriages-and-revocable-trusts-a-good-15937074.php</link>
  10.    <guid isPermaLink="false">article15937074</guid>
  11.    <dc:creator><![CDATA[ Paul Premack ]]></dc:creator>
  12. <description>
  13. <![CDATA[ <p><strong>Dear Mr. Premack: My wife and I have a revocable living trust. The lawyer who wrote it for us asked if we wanted the trust terms to say that when one of us dies the trust can no longer be changed, so the survivor cannot modify who gets what. We had a disagreement over that decision, but ultimately said the survivor should be able to change the trust after one of us dies. I have two children from my first marriage, and my husband has one from his first marriage. If I die first, can my husband decide to eliminate all benefits for my two children? – C.Y.</strong></p>
  14. <p>Any living trust sets up three important positions: the grantors, the trustees, and the beneficiaries. The grantors are the people who create the trust, decide what it should accomplish, appoint the trustees and beneficiaries, have the right to transfer assets to into and out of the trust, and have the right to modify or revoke the trust.</p>
  15. <p>As such, the grantors (in this instance, you and your husband) are signing a contract (the trust) which sets out the long-term plan for your assets and your heirs. Almost universally, a living trust agreement will state that the grantors must act jointly if they desire to modify the trust while they are both alive. Both of you must agree and sign to change any of the trust’s goals or to add or drop a beneficiary while you are both alive and well.</p>
  16. <p>An issue arises, however, if a) one grantor becomes incapacitated, or b) one grantor dies. The trust agreement should specify whether the other grantor still has authority to modify or revoke the trust. Usually, when the grantors have been in just one marriage and all the children are from that marriage, there are good reasons to allow the well/surviving grantor to act unilaterally. If a circumstance changes, that well/surviving grantor is likely to protect the beneficiaries because they...</p>
  17. ]]>
  18. </description>
  19. <pubDate>Tue, 9 Feb 2021 19:33:23 UT</pubDate>
  20. </item>                <item>
  21. <title><![CDATA[ Premack: Secession is illegal, would hurt senior community ]]></title>
  22. <link>https://www.mysanantonio.com/life/life_columnists/paul_premack/article/Secession-is-illegal-would-hurt-senior-community-15908792.php</link>
  23.    <guid isPermaLink="false">article15908792</guid>
  24.    <dc:creator><![CDATA[ Paul Premack, Correspondent ]]></dc:creator>
  25. <description>
  26. <![CDATA[ <p>Texas House bill is a prequel to revolution.</p> ]]>
  27. </description>
  28. <pubDate>Fri, 29 Jan 2021 18:54:44 UT</pubDate>
  29. </item>                <item>
  30. <title><![CDATA[ Changing the agent under a durable power of attorney ]]></title>
  31. <link>https://www.mysanantonio.com/life/life_columnists/paul_premack/article/Changing-the-agent-under-a-durable-power-of-15895646.php</link>
  32.    <guid isPermaLink="false">article15895646</guid>
  33.    <dc:creator><![CDATA[ Paul Premack ]]></dc:creator>
  34. <description>
  35. <![CDATA[ <p><strong>Dear Mr. Premack: My father is agent in the durable power of attorney for my aunt who is now incapacitated with severe Alzheimer’s. He is putting his affairs in order and wants to transfer his rights under the durable power of attorney to me. His concern is his sister will outlive him. He is making me the executor of his estate. My aunt has no spouse or children. If the durable power of attorney can't be transferred, what needs to be done to establish a new durable power of attorney for my aunt despite her mental incapacity? – L.A.</strong></p>
  36. <p>There are a few avenues to examine in this situation, but all of them depend on what your aunt’s existing durable power of attorney says. She signed it when she had mental capacity, and hopefully she hired an experienced attorney to write it for her. If she used a form from the internet, the pages she signed are probably lacking.</p>
  37. <p>First, her durable power of attorney should have been written to include successor agents. It may say, to paraphrase, “I appoint my brother Louis, Sr. as agent. If Louis dies, is incapacitated, or resigns, I appoint my nephew Louis, Jr. as successor agent.” If it has such a clause, your father could have his lawyer write a resignation document to be attached to her durable power of attorney. Upon his resignation – because your aunt said so in her actual signed durable power of attorney – then you would assume authority because she pre-selected you for that job.</p>
  38. <p>I am assuming, of course, that a clause like that is included and that she named you as successor agent. If she included such a clause but it names her next-door neighbor as successor agent, then you are still powerless. If she failed to include such a clause at all, then you are still powerless.</p>
  39. <p>Second, if her durable power of attorney was signed after...</p>
  40. ]]>
  41. </description>
  42. <pubDate>Mon, 25 Jan 2021 14:18:21 UT</pubDate>
  43. </item>                <item>
  44. <title><![CDATA[ How to decline being successor trustee ]]></title>
  45. <link>https://www.mysanantonio.com/life/life_columnists/paul_premack/article/How-to-decline-being-successor-trustee-15864792.php</link>
  46.    <guid isPermaLink="false">article15864792</guid>
  47.    <dc:creator><![CDATA[ Paul Premack, Correspondent ]]></dc:creator>
  48. <description>
  49. <![CDATA[ <p><strong>Dear Mr. Premack: My older brother listed me as a successor trustee in a new living trust signed by him and his wife. They did not ask me, I did not sign, and they just now told me. They are trustees as long as they are healthy and alive, but the trust says I must manage their finances if they are ill or after they die. I told them I would rather not have that responsibility and asked them to remove my name, but they said I can just decline later. I spoke to the other successor they listed, and she also said she was not asked and does not want the job because their daughter / beneficiary has drug and criminal behavior issues. When they die, how do I decline? Can they legally require me to manage the trust for their daughter, or am I able to decline the job? H.C.</strong></p>
  50. <p>A living trust agreement can be established to accomplish a wide variety of goals. The creators of the trust with their estate planning attorney 1) itemize the tasks needed to reach those goals, and 2) choose the people who they feel are capable of and willing to achieve those goals. For instance, the trust may specify that the creators’ assets are held for the benefit of the creators during their lifetimes, then after their deaths are to be held for the benefit of their adult children.</p>
  51. <p>Often, when the children are stable responsible adults, the trust will instruct that distribution of assets be made directly to them. The trust has then fulfilled its goal by moving the assets to the next generation. But when the children are under-age or are not stable or responsible, the trust can specify that the assets remain under the trustee’s control to be distributed only for certain needs at certain times. Clearly that scenario is a much bigger challenge for the selected successor trustee. It is the position into which you have been placed.</p>
  52. <p>Your brother and his...</p>
  53. ]]>
  54. </description>
  55. <pubDate>Tue, 12 Jan 2021 18:44:46 UT</pubDate>
  56. </item>                <item>
  57. <title><![CDATA[ New Law: Protection from surprise medical bills ]]></title>
  58. <link>https://www.mysanantonio.com/life/life_columnists/paul_premack/article/New-Law-Protection-from-surprise-medical-bills-15844084.php</link>
  59.    <guid isPermaLink="false">article15844084</guid>
  60.    <dc:creator><![CDATA[ Paul Premack, Correspondent ]]></dc:creator>
  61. <description>
  62. <![CDATA[ <p>The new law includes banning surprise bills for air-ambulances, but it does not ban surprise bills for regular ground-based ambulance charges. Ambulance bills can cost hundreds of dollars so be aware that you can still be billed outside your insurance policy for ground ambulance transportation.</p> ]]>
  63. </description>
  64. <pubDate>Mon, 4 Jan 2021 13:26:28 UT</pubDate>
  65. </item>                <item>
  66. <title><![CDATA[ COVID-19’s effect on estate planning and elder law ]]></title>
  67. <link>https://www.mysanantonio.com/life/life_columnists/paul_premack/article/COVID-19-s-effect-on-estate-planning-and-elder-15821379.php</link>
  68.    <guid isPermaLink="false">article15821379</guid>
  69.    <dc:creator><![CDATA[ Paul Premack, CORRESPONDENT ]]></dc:creator>
  70. <description>
  71. <![CDATA[ <p>My brother died of COVID-19 and he did not have a will. His two children were able to get his bank accounts because they were named as beneficiaries.</p> ]]>
  72. </description>
  73. <pubDate>Tue, 22 Dec 2020 13:19:06 UT</pubDate>
  74. </item>                <item>
  75. <title><![CDATA[ How to plan for death when you are cohabitating ]]></title>
  76. <link>https://www.mysanantonio.com/life/life_columnists/paul_premack/article/How-to-plan-for-death-when-you-are-cohabitating-15776756.php</link>
  77.    <guid isPermaLink="false">article15776756</guid>
  78.    <dc:creator><![CDATA[ Paul Premack, Correspondent ]]></dc:creator>
  79. <description>
  80. <![CDATA[ <p>According to the US Census Bureau , about 18 million people in the US reside together as unmarried couples, representing about 7.4% of the population. That is up from about 0.5% of the population in 1967. Attitudes and practices have changed, and the senior community (65+) has nearly tripled its rate of unmarried cohabitation in the last 25 years.</p> ]]>
  81. </description>
  82. <pubDate>Fri, 4 Dec 2020 20:35:11 UT</pubDate>
  83. </item>                <item>
  84. <title><![CDATA[ How to help combative mom with dementia ]]></title>
  85. <link>https://www.mysanantonio.com/life/life_columnists/paul_premack/article/How-to-help-combative-mom-with-dementia-15748205.php</link>
  86.    <guid isPermaLink="false">article15748205</guid>
  87.    <dc:creator><![CDATA[ Paul Premack, Correspondent ]]></dc:creator>
  88. <description>
  89. <![CDATA[ <p>Powers of attorney that lack the legal words which make them survive disability are of little value.</p> ]]>
  90. </description>
  91. <pubDate>Mon, 23 Nov 2020 17:17:56 UT</pubDate>
  92. </item>                <item>
  93. <title><![CDATA[ Who owns valuable stocks when will was not probated? ]]></title>
  94. <link>https://www.mysanantonio.com/life/life_columnists/paul_premack/article/Who-owns-valuable-stocks-when-will-was-not-15712421.php</link>
  95.    <guid isPermaLink="false">article15712421</guid>
  96.    <dc:creator><![CDATA[ Paul Premack, Correspondent ]]></dc:creator>
  97. <description>
  98. <![CDATA[ <p><strong>Dear Mr. Premack: I have what may be an odd question. My good friend died more than 20 years ago. He had no family, but in his will he left me some stock. I was not in charge then, as my friend was about 40 years older than me and named another man close to his age as his executor. I never really followed up about the stock certificates. A few weeks ago, I got a call from a corporate officer who said they were trying to buy-back all of the stock shares and offered a sizeable amount of money. I started to look for the stock, realized I don’t have it, that the executor has now died, and that my good friend’s will was never probated. So, my question is how I can get the stock now so I can sell it? Thanks for your input. – H.D.</strong></p>
  99. <p>The law in Texas puts a soft cap on how long a will can remain un-probated after its maker dies. The cap is generally four years from the date of death. If it is not admitted to probate by then, the law presumes that there was no will at all which means that the resources pass according to the intestacy law and not according to the terms of the will. It allows family members to step forward to claim ownership after the four-years have passed.</p>
  100. <p>The four years is a soft cap because there is a limited legal exception. When a will is offered in court for probate after four years, the court can allow the will to pass title to the people named in the will. The court is forbidden, however, to appoint an executor. Further, the court must find that the person offering the will was not at fault for missing the four-year deadline. Finally, the law requires that any intestate heirs agree to allow the probate and waive any financial benefits they may have accrued in the absence of the probated will.</p>
  101. <p>You were not to blame for the delay in probating the will because you were not the nominated Executor. But to...</p>
  102. ]]>
  103. </description>
  104. <pubDate>Mon, 9 Nov 2020 14:34:33 UT</pubDate>
  105. </item>                <item>
  106. <title><![CDATA[ How to include correct sets of property in your will ]]></title>
  107. <link>https://www.mysanantonio.com/life/life_columnists/paul_premack/article/How-to-include-correct-sets-of-property-in-your-15693391.php</link>
  108.    <guid isPermaLink="false">article15693391</guid>
  109.    <dc:creator><![CDATA[ Paul Premack, Correspondent ]]></dc:creator>
  110. <description>
  111. <![CDATA[ <p><strong>Dear Mr. Premack: I was reading your archive and had a question about your January 31, 2020 column. In it, you talked about the difference between the legal definition of “personal effects” and “personal property.” That will had said all personal effects would go to his son, thinking that would include the car. You said the law requires personal effects to be limited to “articles bearing intimate relation or association with the person” so the car would not go to the son. I basically want to do the same thing, so is it ok for me to make a will that says my “personal property” goes to my son so that he’ll get my household stuff and the car, too? Thanks. – R.C.</strong></p>
  112. <p>Your thought about broadening the wording for your will is logical, but misguided. Your goal is to give your car and household items to your son. You propose to do so by saying he gets your “personal property.”</p>
  113. <p>First, do not write a will on your own. The mere fact that you are asking me, as an attorney, what the legal effect of certain words will be should indicate that experienced legal guidance is beneficial. Do not do your will online. Pay an experienced estate planning attorney to help. How much did you pay for the car you want to pass to your son? Professional estate planning is way less expensive and will ensure that your valuable assets go to the people of your choice, not end up in a confused contest.</p>
  114. <p>Second, think mathematically. Remember “sets”? There are sets, supersets, and subsets. A set is a collection of items. A subset is some object contained within that set. A superset is a group that includes a variety of different sets. The legal term “personal effects” is a collection of items with the characteristic of intimate association with the owner. It is a subset of “personal property” which is...</p>
  115. ]]>
  116. </description>
  117. <pubDate>Mon, 2 Nov 2020 12:23:17 UT</pubDate>
  118. </item>        </channel>
  119. </rss>
  120.  

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