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As your child turns 18, one of the most important steps you can take is to ensure they have the proper legal documents in place, such as powers of attorney and HIPAA authorizations. These documents are crucial for protecting your child’s interests and ensuring that you, as a parent, can continue to assist them in critical situations even when they are far from home. However, when it comes to preparing these documents, many parents are tempted to turn to pre-paid legal form services like Mama Bear Legal Forms or LegalZoom. While these services may seem convenient and cost-effective, they are not always the best option for your young adult's legal needs. Here’s why working with a real attorney, like Curbside Attorney, is always the better choice. 1. Customization and Personalization Pre-paid legal services offer templates and standardized forms that may not fully address your child's unique situation. Every family has its own dynamics, medical needs, and financial circumstances, and these factors should be carefully considered when drafting legal documents. A real attorney will take the time to understand your family's specific needs and tailor the documents accordingly. This customization ensures that the powers of attorney and HIPAA authorizations are comprehensive and aligned with your child's best interests. Prepaid legal services cannot do this. They are prohibited from giving you legal advice and can only provide you with a form that you are responsible for completing. 2. Legal Expertise and Experience While pre-paid legal services can provide basic forms, they lack the depth of knowledge and experience that a seasoned attorney brings to the table. Our attorneys have spent years studying and practicing law, which allows them to foresee potential legal issues that generic forms might not cover. They are also up-to-date on the latest legal changes and can advise you on how these changes might impact your documents. This level of expertise is invaluable when it comes to protecting your child's legal rights and ensuring the documents are legally sound. 3. State-Specific Laws Legal requirements can vary significantly from state to state. Pre-paid legal services often use generic forms that may not comply with the specific laws of your state or the state where your child is going to school. An attorney who practices in your state will be well-versed in the local laws and regulations, ensuring that the documents you create are fully compliant with the applicable law. This reduces the risk of the documents being challenged or deemed invalid when they are needed most. For example, if you use a pre-paid legal service form, you will not know whether it is valid until you need it. We have had situations where out-of-state universities and hospitals have rejected pre-paid legal forms. 4. Ongoing Legal Support Legal needs can change over time, especially as your child moves through different stages of life. A relationship with a real attorney provides you with ongoing legal support. Whether your child moves to a new state for college or experiences a significant life event, if you work with a real attorney, they can update the documents to reflect these changes. This ongoing relationship ensures that your legal documents remain relevant and effective. 5. Risk of Incomplete or Inaccurate Documents Using pre-paid legal services often comes with the risk of completing forms incorrectly. The questions asked by these services are often too broad or generic, leading to misunderstandings or incomplete answers that could render the documents ineffective. An attorney, on the other hand, will guide you through the process, ask the right questions, and make sure every detail is addressed properly. 6. Easy of Signing or Executing Documents One of the things that online legal forms companies do not tell you is that you are responsible for ensuring that the documents are correctly filled out but also that they are properly executed. Most documents require that the signer's signature be notarized. If can be difficult to locate a notary public or witnesses for this purpose. Using Curbside Attorney, we take care of that for you and make it simple. 7. Peace of Mind When it comes to your child’s well-being, peace of mind is priceless. Knowing that you’ve worked with a qualified attorney to draft these critical documents gives you confidence that your child is protected. This peace of mind comes from knowing that the documents have been carefully crafted, reviewed, and executed according to the highest legal standards. Conclusion While pre-paid legal services like Mama Bear Legal Forms and LegalZoom might seem like a quick and easy solution, they fall short when it comes to the nuanced and individualized needs of your young adult's legal documents. The stakes are too high to rely on generic forms that may not offer the necessary protection. By working with a real attorney, you ensure that your child’s legal documents are thorough, state-compliant, and tailored to your family's specific needs. Invest in their future by choosing the expertise and personalized service that only a dedicated attorney can provide. You can find out more about Curbside Attonrey's young adult packages here:

When it comes to preparing for the unexpected, most people think about having a will, financial planning, and making sure their affairs are in order. However, one crucial aspect that is often overlooked is planning for healthcare decisions if you're ever unable to communicate them yourself. In Texas, a Physician's Directive (often called a Living Will) and a Medical Power of Attorney are both essential tools for ensuring your medical preferences are respected. Let’s delve into why having a Physician's Directive is just as important, if not more so, than having a Medical Power of Attorney. Understanding the Basics Medical Power of Attorney : This document allows you to appoint someone you trust to make healthcare decisions on your behalf if you are unable to do so. Your designated agent will make choices about your medical treatment based on your expressed wishes or their understanding of your preferences. Physician's Directive (Living Will): This document specifies your wishes regarding medical treatment in situations where you are terminally ill, in a persistent vegetative state, or otherwise unable to communicate your desires. It outlines the types of medical interventions you want or do not want, such as life support and artificial nutrition. Why You Need Both 1. Clarity of Wishes A Medical Power of Attorney relies heavily on your appointed agent's understanding of your preferences. While this can be effective, it can also lead to confusion or misinterpretation, especially if your wishes are not clearly communicated. A Physician’s Directive provides explicit instructions about your desires, ensuring that your wishes are clearly documented and less open to interpretation. 2. Avoiding Conflict Without a clear Physician's Directive, your family or medical team may struggle with making difficult decisions in a high-stress situation. A Living Will helps to minimize potential conflicts among family members and ensures that your preferences are known and respected, rather than leaving your loved ones to make tough decisions without guidance. 3. Legal and Medical Precision In Texas, the law allows a Medical Power of Attorney to cover a broad range of healthcare decisions, but it may not address specific end-of-life issues or preferences. A Physician’s Directive is legally designed to handle scenarios where you are incapacitated and unable to express your wishes, providing a clear, legally binding guide for the medical team. 4. Peace of Mind Knowing that you have a clear plan in place for your healthcare decisions can offer immense peace of mind, both for you and your family. By having a Physician’s Directive, you ensure that your preferences are known and will be followed, relieving your loved ones from the burden of making these tough decisions on your behalf. 5. Complementary Roles A Physician’s Directive and a Medical Power of Attorney work best when used together. The Medical Power of Attorney can make decisions not specifically covered in your Living Will, and can step in to make choices if your condition is not addressed in the Directive. This complementary approach ensures comprehensive coverage for all potential scenarios. How to Create These Documents Creating a Physician’s Directive and a Medical Power of Attorney involves careful consideration and, often, consultation with an attorney. It’s important to discuss your preferences with your chosen agent and ensure that both documents are drafted in accordance with Texas law. It's also crucial to regularly review and update these documents as your health or personal circumstances change. Conclusion In Texas, having both a Physician’s Directive and a Medical Power of Attorney is essential for comprehensive healthcare planning. While a Medical Power of Attorney appoints someone to make decisions on your behalf, a Physician’s Directive provides specific guidance on your treatment preferences, ensuring that your wishes are honored in all circumstances. By preparing both documents, you protect yourself and your loved ones from uncertainty and ensure that your healthcare choices are respected. You can read more about Curbside Attorney's products, including medical powers of attorney and Physician's Directives here: For more information on creating these essential documents, or to discuss your specific needs, contact us at Curbside Attorney. We’re here to help you navigate your legal options and ensure that your healthcare wishes are clearly and effectively communicated.

Introduction The probate process can seem overwhelming, especially during the difficult time following the loss of a loved one. A lot of our clients have misconceptions about the probate process and believe it to be very complicated and expensive. In Texas, the way an estate is handled can vary significantly depending on whether the deceased left a valid will or died intestate (without a will). At Curbside Attorney, we believe in making the legal process as straightforward as possible for our clients. Here, we’ll discuss the probate process in Texas, the differences between having a will and not having one, and the importance of avoiding the complications of heirship and dependent administration. Probate with a Valid Will When someone dies with a valid will, the probate process is generally more straightforward. The will specifies how the deceased’s assets should be distributed and appoints an executor to oversee the estate. I ndependent Administration : Most wills in Texas include a provision for independent administration. This means the executor can administer the estate with minimal court supervision, making the process quicker and less expensive. The executor can pay debts, distribute assets, and handle other estate matters without needing frequent court approvals. Probate Steps with a Will: File the Will : The executor files the will with the probate court in the county where the deceased resided. Notice to Heirs : The executor notifies heirs of the probate proceedings or can have them sign a waiver of citation. Hearing to Admit Will and Appoint Executor: After that, a hearing occurs where the court inspects the will and admits it to probate. Once this is done, the Court appoints the independent executor. The appointed independent executor then receives "Letters Testamentary" that prove they are the appointed representative of the estate and authorized to handle its business and assets. Notice to Creditors : The executor notifies any potential creditors of the probate proceedings and their appointment as the independent executor so they can make any claims against the estate. This is done by publishing a notice in the local newspaper. Inventory, Appraisement, and List of Claims : The executor files an inventory of the estate’s assets with the court. The court must approve the inventory. Distribution of Assets : After paying debts and taxes, the executor distributes the remaining assets according to the will. Probate Without a Will (Intestate) When someone dies intestate, the estate is distributed according to Texas intestacy laws. This process can be more complex and time-consuming because it actually involves two (2) separate but related legal proceedings. First, the court must determine the rightful heirs. Then, the court has to appoint someone to administer the estate. Heirship Proceeding : Without a will, an heirship proceeding is required to establish who the legal heirs are. This process involves: File Application for Heirship Determination. An interested party must file a request for the court to determine a person's heirs. Court-Appointed Attorney Ad Litem : As part of the heirship. the court appoints an attorney ad litem to represent unknown heirs and ensure a fair determination of heirs. Proof of Heirship : Heirs must provide evidence of their relationship to the deceased, often involving testimony and documentation. At a minimum, two independent and disinterested witnesses with knowledge of the decedent's family and marital history must testify to identify the heirs. Ad Litem's Report : The Ad Litem Attorney conducts their investigation and files a report with the court, giving their opinion as to who the heirs are and what they share of the decedent's separate and community property. Court Determination/Hearing : After the Ad Litem files their report, a hearing is scheduled where the court hears the testimony of the applicant (who filed the suit), the two witnesses (who must show up in person), and the recommendations of the attorneys. If the evidence is sufficient, the court will issue an order declaring the heirs and their respective shares of the estate. This is sometimes referred to as a Judgement of Heirship. Dependent Administration : In many cases of intestacy, the court may require dependent administration, which involves: Court Supervision : The administrator must obtain court approval for most actions, including selling property, paying debts, and distributing assets. There is a mechanism for having an independent administration if all heirs consent to it. Increased Costs and Delays : Dependent administration is more costly and time-consuming due to the need for continuous court involvement and oversight. Why Everyone Needs a Will As you can see, a probate of a will is significantly easier than an intestate probate. Thus, creating a will can significantly simplify the probate process for your loved ones. Having a will clearly outlines who inherits your assets, eliminating the need for complex and often contentious heirship proceedings. A properly drafted will designate an executor, and the estate should be independently administered. Including a provision for independent administration in your will allows for a smoother and less expensive estate administration process. Moreover, a will ensures your assets are distributed according to your wishes rather than being subject to the default rules of intestacy. Conclusion At Curbside Attorney, we strive to make estate planning simple and accessible. Having a valid will not only ensures your wishes are honored but also spares your loved ones from unnecessary legal complications and expenses. Your home and assets are significant investments, and securing them with a well-crafted estate plan provides peace of mind for you and your family. We offer affordable fixed-fee probate products that can handle both the probate of a will and intestate probate, which you can read about here: Contact us today at Curbside Attorney to start planning your estate. Let us help you create a will that protects your legacy and provides clarity for your loved ones. Avoid the pitfalls of intestacy and ensure your estate is managed efficiently and according to your wishes.

Home remodeling can be an exciting endeavor, but it also involves significant financial and legal commitments. At Curbside Attorney, we understand that your home is likely your largest investment. That’s why we recommend involving an attorney in any major remodeling project to ensure everything goes smoothly and your interests are protected. 1. The Importance of a Written Contract The cornerstone of any successful remodeling project is a well-drafted written contract. This document should clearly outline the scope of the work, project timelines, payment schedules, and other critical details like warranty and dispute resolution procedures. A written contract not only sets expectations but also provides legal protection for both parties. An attorney can help draft or review this contract to ensure that it covers all necessary aspects and adheres to local laws. A few important points about construction contracts: a. Never sign or use a Texas Association of Builders ("TAB") contract. They are horrible and favor the contractor at the expense of the homeowner. They are unfair. b. Most contractors have bad contracts so it is rare that we recommend using the contractor's offered contract. Most contractors have unfair contracts (like the TAB contract) that favor them in an unfair manner. Be very careful. Remember - you have a lot of negotiating power since you are the one with the project and the money. c. Never sign a contract that requires a large upfront payment or deposit. Deposits should not exceed 10% of the project total. If a contractor demands more than 10% you should question it. If they demand more than 20%, you should run! d. In residential construction, most contractors will ask you to "waive" retainage. While we do not like this, we recognize that it may be necessary in order to get the contractor you want. However, you need to understand what retainage is and how it protects you. Retainage is a small amount that the owner "retains" from each payment. This retained amount serves as a protection to the owner that the contractor completes the project and pays his subcontractors and supplies. If you waive it, you waive these protections. 2. Vetting Your Contractor Choosing the right contractor is crucial. Proper vetting includes checking references, verifying licenses and registrations, and reviewing past work. An attorney can assist in conducting due diligence to ensure that the contractor has a solid reputation and the necessary qualifications to complete your project successfully. 3. Understanding CGL Insurance Commercial General Liability (CGL) insurance is essential for any contractor. This insurance protects against claims of bodily injury and property damage caused by the contractor’s operations. It's important to understand what CGL insurance covers—and what it doesn’t. For instance, it typically does not cover poor workmanship. An attorney can help you understand the limits of a contractor’s CGL policy and advise if additional coverage might be needed. Are few additional points about insurance: a. There is no such thing as "full insured." If a contractor tells you that, they are clueless and you should really question whether to use them. In our experience, this type of statement is a common statement contractor's use to induce homeowners to trust them. Whether the contractor knows this statement is a misrepresentation is debatable, but it is certainly not accurate. b. Most CGL insurance policies do not cover the "work product" of the contractor - that means they do not cover defective work. However, the policies can cover consequential damage to "other property" that is not the subject of the contractor's work. What would that be? Well, if the contractor is building a swimming pool and during that work, the negligent construct the pool which leaks and the leaks damage your home's foundation. The damage to the foundation is probably covered, but the defectively constructed swimming pool is not. c. The contract should require CGL insurance. Moreover, always ask for a copy of the ACCORD Certificate of Insurance and the actual insurance policy. There are contractors who use fake or fraudulent Certificates of Insurance. requiring the policy is a protection against such conduct. 4. Fixed Fee vs. Cost-Plus Contracts Understanding the difference between fixed fee and cost-plus contracts can help you choose the best payment arrangement for your project. Fixed Fee : A fixed fee contract means the contractor agrees to complete the project for a set price, providing budget certainty unless you agree to change orders. The risk of increases in labor or materials is normally on the contractor in a fixed fee contract. However, the contractor normally will not tell you the actual cost of the pool and you have no idea what the contractor's profit margin is on the pool. Many contractors like to hide their profit margins by using fixed fee contracts. A reasonable profit margin on a residential construction project is between 10% and 30%. The larger the total project cost, the lower the contractor's profit margin. So, a $10,000 project may have a 30% profit margin (i.e., the actual cost of construction is $7,000 and the contractor makes $3,000). When the cost goes up, profit margin should go down. So, for a $300,000 project, the profit should be lower, like 15% to 20%, or $45,000 to $60,000). Cost-Plus : In contrast to a fixed fee contract, a cost-plus contract involves paying the contractor for all project costs plus a fee, which could vary depending on the actual costs incurred. Under a cost-plus, the risk of increases in cost of labor and materials is generally on the homeowner. A cost-plus contract has the advantage of showing you exactly how much profit the contractor is making. Normally, the contractor's compensation is a "builders fee" that is a percentage of the total cost of construction. So, if the total cost of construction is $100,000, and the builder's fee is 20%, then the builder is paid $20,000 and reimbursed for the $100,000 cost of construction. This means the total cost of the project is $120,000. Here are a few more points about contracts: a. You should never sign a contract without an attonrey reviewing it or drafting it. b. We recommend asking the contractor to disclose his profit margin on fixed fee contracts. If it is more than 30%, we recommend choosing a different contractor. If they will not disclose this, we also recommend choosing a different contractor. c. Most contractors have started to include price escalation clause in fixed fee contracts that attempt to push the risk of increases in labor and material onto the homeowner. Be very wary of these provisions. You need to have an attorney review them. d. Be very careful with change order and "allowance" items. Change orders are written agreements that added to or take away from the scope of work. Allowances are "placeholder" amounts for certain items of construction or materials that are not certain or fixed when the contract is signed. Normally, the owner will make selections or choices that will finalize or fix those allowance items during construction. These decisions will also affect the final cost of construction. e. On cost-plus contracts, make sure that the contractor is required to provide all invoices, proof of payment and other backup documentation with each pay application or draw request. f. One of the most common forms of contractor fraud is when the contractor marks up the cost of construction (labor or materials) and does not disclose this to the homeowner on a cost-plus contract. For instance, we had a contractor that formed a separate company to provide labor to his general contractor company. He would pay his laborers minimum wage, but "charge" this GC company as if he as paying them $75.00/hour. The GC would them submit the "marked up" invoice to the homeowner who would pay it. The contractor then pocketed the mark up of about $65/hour. That is fraud. Understanding the characteristics and risks of the different types of construction contracts and working with an attorney can help you decide which contract type aligns best with your project goals and risk tolerance. 5. Texas Lien Law and Your Homestead Texas lien law is particularly important if your remodeling project involves your homestead. Geneally, contractors and suppliers may have the right to file a lien against your property if they are not paid. Contractors regularly threaten to "lien" your house if you don't pay them. Quite often, these threats are hollow. This is because Texas law includes specific provisions that protect homesteads. Understanding when a contractor can actually lien your property is important. There are scenarios where a lien could still attach to your property. An attorney can provide crucial advice on complying with notice requirements and other steps to mitigate the risk of liens. Conclusion Given the complexities and potential risks involved in home remodeling, consulting with an attorney is a wise step to protect your investment. From contract drafting to understanding insurance and managing lien risks, legal expertise ensures that your remodeling project is built on a solid foundation. Your home is not just your sanctuary; it's a significant financial asset, and safeguarding it should be a top priority. At Curbside Attorney, we have several affordable packages that can assist you on your home remodeling project and protect you. These include: Before you begin your next home remodeling project, contact us at Curbside Attorney. We’re here to ensure that your home improvements enhance not only your living space but also your peace of mind. Secure your investment by getting the right legal help today!

At Curbside Attorney, we believe in making estate planning as straightforward and stress-free as possible. While trusts have their place, for many Texans, a well-crafted will is often the better choice. Here's why sticking to a will can give you peace of mind without the complexities and costs associated with trusts. 1. No Worries About Estate Taxes For the majority of Texans, estate taxes are a non-issue. The federal estate tax exemption is high enough (for individuals - $13.61 million; for couples - $27.22 million) that it excludes most estates from owing any estate taxes at all. As of 2024, individuals can leave amounts upwards of $13 million without worrying about federal estate taxes, and Texas itself has no state estate or inheritance tax. This means that for most families, a simple will is sufficient to pass on assets without the burden of tax planning complications. 2. Streamlined Probate Process Texas is known for its simplified probate procedures, especially if you have a will. Contrary to popular belief, probate isn’t something to avoid at all costs. In fact, Texas offers independent administration, which is a form of probate that is typically quick, efficient, and less costly. With an independent administration, the executor of the will can administer the estate with minimal court supervision, making the process much smoother and faster than in many other states. With a properly drafted will and a few other steps, probating a will should not cost more than about $3000 to $4,500, which is very reasonable and substantially less than the cost of setting up and maintaining a trust. 3. High Costs and Complexity of Trusts While trusts can be valuable in certain specific situations, they aren’t necessary for everyone. Establishing a trust can be an expensive and complex process. There’s the upfront cost of setting up a trust ($5,000 to $10,000), plus ongoing management and potential tax filing requirements. For many families, these additional complications and costs provide no significant benefit over a simple will. Trusts are often more appropriate for larger, more complicated estates or when special circumstances exist — such as providing for a disabled relative, handling out-of-state property, or avoiding probate in multiple states with complex probate systems (CA, NY, etc.). 4. Simplicity and Understandability At Curbside Attorney, we prioritize making estate planning understandable. A will is a straightforward document that specifies who inherits your property and who will take care of any minor children. Most people find comfort in the simplicity of a will — it’s easy to create, easy to understand, and easy to change if your circumstances or wishes change. This simplicity helps ensure that your estate planning is not only effective but also clear and manageable. Conclusion In Texas, sticking with a will for estate planning makes sense for most families. It avoids the complexity and expense of trusts, leverages Texas’ favorable legal environment, and sidesteps concerns about estate taxes. At Curbside Attorney, we’re here to help you understand your options and create an estate plan that works for you and your family, keeping things simple and giving you peace of mind. Remember, the best estate plan is one that you understand and can manage confidently. Ready to get started on your will? We have estate planning packages that fit most family's needs. Our most popular products are: If you are ready, you can purchase and get started. Or, if you have questions, contact us today at Curbside Attorney to schedule a consultation. Let us help you keep estate planning simple and effective!

Let's face it, nobody enjoys contemplating their mortality. But as adults, we must face the reality of preparing for the worst-case scenario, especially when we have a family to protect. My wife and I came to this realization after the birth of our beautiful son, Grant. We felt a responsibility to ensure he would be cared for, even if something tragic happened to us. As a lawyer with over two decades of experience in estate planning, I never really thought of creating my own will until then. Through my research, I came to the conclusion that every family should have five essential documents in place for their protection. The Five Must-Haves: Wills for Each Parent: This covers guardianship and the care of minors. Statutory Power of Attorney for Each Parent: This allows someone to act on your behalf in financial matters. Medical Power of Attorney for Each Parent: This appoints someone to make healthcare decisions for you if you're unable to do so. Living Will/Physician's Directive for Each Parent: This outlines your wishes for end-of-life care. Coordinated Insurance and Beneficiary Designation on Non-Probate Assets: This ensures your assets are distributed according to your wishes. Understanding the Basics: A will is a document that dictates how your assets will be divided upon your death. It can also address the payment of debts, conditions upon certain gifts, and the appointment of executors. A well-drafted will is the cornerstone of any estate plan. Revocable Living Trusts are another option. They're created to avoid the probate process upon death, with the goal of transferring all assets to the trust during your lifetime. However, this option can often be more complex and costly compared to a traditional will. Handwritten Wills, or "holographic" Wills, are also recognized in Texas, but they come with their own set of challenges and should only be used as a last resort. Conclusion: Estate planning is crucial for your family's well-being and security. It doesn't have to be costly or time-consuming unless you have an exceptionally large estate. By preparing these essential documents and considering the right insurance, you can provide your family with peace of mind. If your estate exceeds the federal estate tax exemption, you'll need to work with an attorney to structure your estate plan to minimize tax liabilities. In our opinion, our Estate Planning Packages (for singles, couples, and families) are perfect for most families and people. You can find these packages in our Store. If you have questions or need assistance, We're here to help. We created Curbside Attorney to make taking care of this vital task easy and affordable. Go to www.curbsideattonrey.com today and buy your package. Or, you can email Joel at joel@lpfirm.com or call him at 512-653-3150.

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