Austin B. Butts, JD

Austin B. Butts, JD, is a Texas-licensed attorney with more than a decade of experience in estate planning and probate. He has reviewed thousands of estate plans, including plans created by national online services, and focuses on Texas-specific document design, probate avoidance, incapacity planning, and practical execution requirements. He is a co-founder of Texan Wills and Trusts, a document-generation platform operated by TexLaw Technologies, LLC. Texan Wills and Trusts is not a law firm and does not provide legal advice.

Author Archives: Austin B. Butts, JD

Texas Financial Power of Attorney: Powers, Timing, and Duties

A Texas Statutory Durable Power of Attorney allows a designated agent to manage the principal’s financial and legal affairs, remaining effective if the principal becomes incapacitated. It provides broad or limited powers, requires a statutory form, and can be revoked anytime by a competent principal. It’s crucial for seamless management of affairs.

Why Texas-Specific Wills and Trusts are Important

Residents of Texas should use Texas-specific estate planning documents to ensure compliance with state laws. Key trust provisions protect homesteads under Section 41.0021 and qualify for tax exemptions under Section 11.13(j)(3). Wills must include the Texas self-proving affidavit to avoid probate issues. Generic documents can lead to legal and financial complications.

Will vs. Trust in Texas: Differences, Costs & Which You Need

A Last Will and Testament is a document outlining how to manage and distribute your assets after death. The Testator creates the Will, and the Executor ensures its execution by filing a probate application. Once validated by a Judge, the Executor distributes the assets to the Beneficiaries as specified. A Trust serves a similar purpose, but does not require court validation through the probate process.