The Brinkley Law FirmThe Brinkley Law Firm2026-06-19T20:32:00Zhttps://www.setxlawfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1404757/2025/06/cropped-brinkley_dean_site_icon-32x32.pngOn Behalf of The Brinkley Law Firm<![CDATA[Estate planning for single parents: protecting your child and your peace of mind]]>https://www.setxlawfirm.com/?p=481252026-06-19T19:40:08Z2026-06-19T19:40:08Z parents carry a unique responsibility. As the primary decision-maker there comes an added requirement: putting a plan in place so that the children are cared for in the future. A thoughtful estate plan is not only about money. It is about continuity of care, stable routines and clear legal authority. The goal is to reduce uncertainty for your child and prevent court disputes among well-meaning relatives. The following three steps can help to better ensure you meet these goals.
Step #1: Guardianships – Choosing who will raise your child
A will is typically where you nominate a guardian for minor children. Without a nomination, a court will decide based on the child’s best interests, which can lead to conflict and delay. Your nomination is not always automatically binding, but it is highly persuasive and gives the court a clear starting point.Before you name anyone, have direct conversations and confirm that chosen individuals are willing and able to take on this responsibility. Also consider geography, existing relationships and the guardian’s ability to co-parent with extended family.To make your guardian choice more durable, consider these steps. They help translate your intent into a plan a court can follow.
Name a primary guardian and at least one alternate
Provide a written statement of your parenting values, routines and preferences
Coordinate beneficiary designations so funds support the child under the guardian’s care
These actions work best when paired with updated documents and periodic reviews, especially after moves, remarriages in the family or changes in health.
Step #2: Trusts – Managing money for a minor responsibly
Minors generally cannot inherit outright. If your child receives assets directly, a court-supervised conservatorship may be required until adulthood. A trust can avoid that outcome by appointing a trustee to manage funds for your child’s benefit and distribute money on a schedule you set.A common approach is a revocable living trust or a testamentary trust created under your will. You can authorize the trustee to pay for housing, education, childcare and health care, then stagger distributions into adulthood to reduce the risk of a large lump sum at age 18 or 21.
Step #3: Backup plans – Preparing for the unexpected
Estate planning for single parents is also about short-term emergencies. If you require care at a hospital, someone may need immediate authority to pick up your child, consent to medical care or manage school decisions. A layered backup plan reduces gaps.The following items create practical coverage when life throws a curveball:
A standby or temporary guardianship document where available
Medical consent and school authorization forms for your chosen caregiver
A clear list of key contacts, accounts and childcare instructions stored securely
Once these are in place, share access details with trusted people and revisit the plan annually.For single parents, estate planning is an act of protection and love. By naming guardians, using trusts to manage assets and building realistic backup plans, you create stability for your child and clarity for everyone who may need to help. Work with a qualified estate planning attorney in your state to tailor documents to local law and your family’s needs.]]>On Behalf of The Brinkley Law Firm<![CDATA[A dementia planning checklist to help avoid a crisis]]>https://www.setxlawfirm.com/?p=481122026-04-13T02:43:23Z2026-04-13T02:43:23ZAct before the loss of capacity
Individuals with serious medical conditions, including various forms of dementia, lack the testamentary capacity necessary to create a will or sign a contract. Once the person can no longer recall the names of their family members, list their assets or understand the impact documents could have on their life, they can no longer sign documents for their own protection. Planning before cognitive decline occurs or in its earliest stages is therefore critical for those concerned about dementia.
Address medical concerns
There are several critical documents to execute to help ensure that an incapacitated individual receives appropriate medical care. A Directive to Physicians and Family or Surrogates, also called a living will, can outline their preferences regarding end-of-life care and life-sustaining treatment, such as artificial respiration.
A Health Insurance Portability and Accountability Act (HIPAA) form can help ensure that specific people have access to medical information. Medical powers of attorney can designate a trusted agent.
Address practical needs
An individual developing dementia typically cannot manage their own affairs effectively. They may need to draft durable powers of attorney designating someone they trust to pay their bills and manage their assets. Facility planning for a person with dementia is a process that can begin long before a diagnosis.
Incapacity planning may also require conversations with family members about the support an adult may need as their condition deteriorates. Creating a care contract can ensure that those handling the daily support needs of an older adult receive compensation for their services.
Working with an elder law attorney can help older adults create thorough plans that help ensure their medical protection and the preservation of their assets after a dementia diagnosis. Individuals who plan before experiencing cognitive decline can take pressure off their family members and have a say in their future.]]>On Behalf of The Brinkley Law Firm<![CDATA[Texas estate planning basics for the sandwich generation]]>https://www.setxlawfirm.com/?p=480942026-01-12T14:11:06Z2026-01-12T14:11:06ZEncouraging parents to plan
The first and most pressing estate planning move to make is often to help aging parents address their needs. If they have not already created a long-term care plan, they may struggle to qualify for Medicaid or to cover the cost of a nursing home. Older parents may expect their children to cover those expenses, but doing so while maintaining an independent home can be quite challenging.
Members of the sandwich generation should not have to sacrifice their home equity or their children's college savings to support their parents. Helping aging parents address their long-term care needs and plan for incapacity by creating advance directives and durable powers of attorney can limit the complications that arise when parents’ support needs increase.
Address personal vulnerability
People watching their parents decline see firsthand what challenges they may face as they age. In addition to creating a will that designates a guardian for their children and explains how to distribute their property, they may want to create a trust to protect their assets.
Members of the sandwich generation also need to consider what happens if they become incapacitated due to a car crash or a sudden medical event, such as a stroke. Powers of attorney and advance directives can ensure there is someone to manage their affairs, including providing care for their parents and children.
Parents acting as caregivers for their own parents need to create estate plans that center the needs of their children while still recognizing the care needs of their parents. That balance can be difficult to maintain. Discussing support needs and finances with an estate planning attorney can help those in the sandwich generation protect their families. The right documents can go a long way toward minimizing risk for a testator drafting documents and their immediate family members.]]>On Behalf of The Brinkley Law Firm<![CDATA[Building generational wealth through strategic estate planning]]>https://www.setxlawfirm.com/?p=480122025-06-03T16:44:29Z2025-06-03T16:44:29ZUtilizing trusts to preserve wealth
Trusts can do much to help safeguard assets. A revocable living trust allows you to manage wealth during your lifetime and avoid probate, while an irrevocable trust can shield assets from creditors and reduce estate taxes. Dynasty trusts can be effective for passing on wealth without excessive taxation.
Minimizing tax liabilities with proper asset structuring
While Texas does not impose an estate tax, federal estate tax considerations still matter. Strategies like gifting assets strategically to heirs, utilizing the lifetime gift tax exemption and establishing charitable remainder trusts can help preserve wealth while reducing taxable estate values.
Protecting family businesses and real estate
For those passing down businesses or valuable real estate, structuring ownership properly is key. Family limited partnerships (FLPs) and limited liability companies (LLCs) can provide liability protection while ensuring smooth succession. Additionally, including buy-sell agreements can prevent disputes and preserve business continuity.
Leveraging life insurance as a financial tool
Life insurance can provide liquidity for estate taxes and help ensure that your heirs receive immediate financial support. Utilizing irrevocable life insurance trusts (ILITs) can keep proceeds outside the taxable estate while providing structured payouts.
With experienced legal guidance, it is possible to create a comprehensive plan that maintains and grows generational wealth over time.]]>On Behalf of The Brinkley Law Firm<![CDATA[3 essential tasks that could put you at risk on a family road trip]]>https://www.setxlawfirm.com/?p=473682025-05-20T22:01:08Z2025-05-20T22:01:08ZIf you are planning a road trip with the family this summer, it’s crucial to think about safety. Even the tasks that are essential to getting where you are going could prove dangerous.
Here are some examples of this.
1. Getting comfortable in the car
You can’t drive well if you're struggling to reach the pedals or your legs are cramped, so you need your seat at the right distance and height. Once you’ve adjusted your seat, you need to set the mirrors to give you the best view possible.Many people leave these adjustments until they are moving, making them a significant distraction and a possible cause of loss of control. Get your setup dialed before you move off, and if you need to adjust it further, stop in a safe place before doing so.
2. Finding your way
“Honey, can you remember the address of the hotel we’re booked at?” or “Honey, which turn off do we take?” They are the sort of questions drivers often need to ask to get to their destination. Yet such conversations can become distracting, especially if they turn into an argument or the driver then types the answers into the satnav. Preprogram the route or write out the directions before leaving to minimize the time that navigating distracts from driving.
3. Ensuring your children or pets are safe
“Hey, how did you get out of your harness?” or “I thought I told you to buckle up” is not the sort of conversation to be having on the freeway. Secure pets and children before setting off, provide them with what they need to occupy themselves and schedule regular stops to attend to their needs.Taking such steps allows you to focus on the road and reduces the chance you are caught out by another driver’s negligence and left needing compensation for you and your family.
]]>On Behalf of The Brinkley Law Firm<![CDATA[How to prove your mental fitness when creating your will]]>https://www.setxlawfirm.com/?p=473662025-05-06T02:20:42Z2025-05-06T02:20:42ZTips for demonstrating mental competency
Showing that you were mentally competent when crafting your will is essential to ensure it holds up in court. First, you may want to get a mental health evaluation before signing your will if you’re concerned that your mental capacity could be questioned. A doctor's confirmation that you are of sound mind can serve as strong evidence in case of any such disputes.
It also helps to have reliable witnesses. The law in Texas requires your will to be signed in front of at least two witnesses who are not beneficiaries. As such, choose dependable individuals whose testimony can speak for your mental competency if necessary.
Ensuring consistency in your decisions is equally important. Sudden or drastic changes in your will can raise red flags and prompt others to question whether you were mentally fit when making them. If you intend to make substantial changes to a previous will, ensure they are well-documented and thoughtfully explained to reinforce the idea you were acting rationally and deliberately.
Do not leave any loopholes
Reaching out for professional guidance when creating your estate plan can help you avoid mistakes or loose ends that could jeopardize your legacy. This can go a long way in ensuring that your wishes are honored and your loved ones’ future is secure.]]>On Behalf of The Brinkley Law Firm<![CDATA[Where should you keep your estate planning documents?]]>https://www.setxlawfirm.com/?p=473642025-04-21T13:30:22Z2025-04-21T13:30:22ZAfter drafting your estate planning documents, you need to store them safely. A location that does not pose difficulties when you want to go through or update your documents. So, where should you keep your documents?
Here are some options to consider:
A home safe
Keeping your documents in a safe at home allows you to access them anytime. A fireproof and waterproof safe is essential to guarantee their safety in emergencies. If you have a fireproof and waterproof file cabinet, you can also use it to store your documents.
Safe deposit box at a bank
Storing your estate planning documents in a safe deposit box offers additional security against theft, fire, water and other elements. However, this may not be the most accessible option, seeing that you can only access your documents during the bank's business hours.Besides, you need to name your executor as your deputy so they can access the contents of the safe deposit box. If you fail to give access to anyone else, the bank will freeze the box after your death. Your executor may need to go to court to get an order that authorizes access.
Attorney's office
Another location to store your estate planning documents is at your attorney's office. Typically, attorneys have secure storage facilities for clients' documents. You can access your documents upon request during your attorney's business hours. Ensure your executor has your attorney's information.
Local probate court
Texas allows residents to file their wills with the county clerk of the probate court for safekeeping. You will need to find another storage option for the other documents.It's important to be intentional about how you store your estate planning documents. Learn more to make informed decisions about every matter related to your estate plan. ]]>On Behalf of The Brinkley Law Firm<![CDATA[Fatigued driving can lead to microsleeps and catastrophic crashes]]>https://www.setxlawfirm.com/?p=473622025-04-06T16:11:27Z2025-04-06T16:11:27ZDrivers should always ensure that they’re in the proper mental and physical shape to operate a vehicle before they get behind the wheel. One way they can do this is to be sure they’re not fatigued when they get on the road.
Fatigued driving can stem from multiple things, including lack of sleep, certain medications, driving when the body expects sleep and some medical conditions. Regardless of the cause of the fatigue, the results can be catastrophic.
Why is driving while fatigued dangerous?
A person who’s fatigued is prone to dozing off, which is known as a microsleep. Even short microsleeps leave the vehicle without being properly controlled for considerable distances. Consider this: A vehicle can travel a football field length in just five seconds if it’s moving at a speed of 55 miles per hour. That’s a long enough distance for the vehicle to crash.Another issue is that a lack of sleep can produce results similar to impairment. By the time a person has gone 20 hours without sleep, they have effects similar to that of a person who has a blood alcohol concentration of .08%, which is legally impaired. Fatigued drivers can cause wrecks that lead to significant injuries, which can be costly for the victims. They may opt to pursue a compensation claim to help cover the financial damages associated with the crash. This must be done within a timeframe established by law, so it may be beneficial for them to work with someone familiar with these matters. ]]>On Behalf of The Brinkley Law Firm<![CDATA[Why do people avoid estate planning?]]>https://www.setxlawfirm.com/?p=473592025-03-24T11:34:15Z2025-03-24T11:34:15ZEvery adult should have an estate plan to protect their legacy and loved ones. But this is not the case. A significant percentage of Americans have not drafted an estate plan. This means many people have not planned for incapacitation or death.
Here are three common reasons people give for not having an estate plan:
"I don't have enough assets"
Some people believe estate planning is only for the wealthy – people who own properties, businesses, expensive jewelry and so on. However, this is a myth. You should protect your assets regardless of their value. If you die without a will, the court might need to decide how your assets will be distributed, which can lead to misunderstandings among family members.Outlining how your existing assets should be distributed in an estate plan can substantially protect your family. Besides, you can always update your estate plan when you acquire more assets.
"I don't want to think about death"
It's not uncommon for some people to avoid estate planning because they don't want to think about death or are too superstitious, believing planning for death jinxes their lives. While it's not motivating to think about mortality, planning for it can save you from stress. You want to have the power to decide what happens to your legacy when you die or even how your funeral should be handled.Consider shifting your perspective of estate planning from preparing for incapacitation or death to protecting your loved ones.
"It's too expensive"
The belief that estate planning is too expensive makes some people avoid it altogether. The cost of drafting an estate plan depends on various factors, including the estate's complexity and attorney fees. However, you can keep the amount within your budget. If you were procrastinating drafting an estate plan because of any of these reasons or more, learn more about the process to get started. ]]>On Behalf of The Brinkley Law Firm<![CDATA[Benefits of rescission after a breach of contract]]>https://www.setxlawfirm.com/?p=473572025-03-01T23:27:43Z2025-03-01T23:27:43ZHow rescission works
Many contracts include severability clauses. Essentially, the contract remains fully enforceable even if one party breaches certain aspects of the agreement. Contract rescission occurs when one party successfully asks the courts to terminate contractual obligations. A judge can declare the agreement invalid, thus terminating any ongoing obligations.
Why rescission is helpful
When one party has proven a willingness to violate a contract, the other party may no longer want to do business with them. Eliminating any contractual commitments can protect those who trusted the wrong individual, professional or business from future operational headaches and financial challenges.
Rescission allows for the end of the working arrangement between the two parties. The cancellation of the contract through the courts can help protect the plaintiff from allegations that they violated the contract in the future. It can also result in an obligation to refund money transferred as a deposit or as payment for services not rendered or products not delivered.
In scenarios wherein continuing to do business together after a contract breach seems untenable, requesting rescission during breach of contract litigation could be the best option available. Evaluating different solutions for contract issues in pending business litigation with a skilled legal team can help executives and business owners minimize the losses incurred due to another party's failure.]]>