Hereford, TX Estate Planning Law Firms & Lawyers

Trusts are WAY better than Wills. One of the reasons is that trusts allow you to avoid probate. The ultimate distribution might be identical, but going through probate would cost several thousand dollars, to get to that point. Trusts have other benefits, as well, including the fact that it is a private arrangement. There is no court involvement and the documents (and administration and distributions) are not part of the public record. The ONLY drawbacks to a trust are: 1) It costs more; 2) It is more complex; 3) You need to properly "fund" the trust, or it will not provide you with the maximum benefit. You should have the trust set up by an estate planning attorney. You should expect that the cost will be somewhere between $1,000-2,000. In spite of the cost, this is the only way to ensure that your objectives will be met. It also minimizes the risks of any future problems. I am working with a family right now who bought an online trust. It was not set up properly so now, probate is necessary and because of the documents that were used, a more expensive form of probate is required. The family saved $1,000 on setting up the trust, but it will now cost them more than $5,000 to probate the estate.

Technically he could, but legally he should only do what the brother wants and is in the brother's best interest. If your husband is the only one to benefit from the transaction he may be violating civil and criminal laws.

Maybe. It will depend on the exact language of the Power of Attorney and, after appropriate legal analysis, this would not be a violation of your husband's fiduciary responsibilities. Before he undertakes any such action, he should consult with an attorney who specializes in estate matters.