Q: How can I find an attorney to draw up a will? A: Search the Texas Bar Web site. Scroll down to the blue Find a Lawyer box. Click on Advanced Search. From here, you can search by city or zip code. You also can search by Legal Certification (e.g., Estate Planning and Probate Law) or by Specialty (e.g., Wills-Trusts-Probate).
Q: I'm not a resident of Texas. How do I find an attorney to draw up a will? A: Try the American Bar Association Web site for contact information for State and Local Bar Associations.
Q: How long do I need to keep tax returns? A: The key is when the period of limitations for that return runs out. The period of limitations is the timeframe for amendments for credits or refunds or the IRS can assess additional tax. Most individuals need to keep tax returns for 3 years from the time of filing, not the tax year; e.g. returns for the 2004 tax year were filed in 2005 and may be shredded in 2008. There is a special category for filing a claim for a loss from worthless securities where the period of limitations is 7 years. This is the more conservative advice usually cited. Note that there are no limits for non-reporting of income or fraud of any kind. Information from Internal Revenue Service Publication 552Recordkeeping for Individuals (rev. April 2005). Go to page 6 for Table 3. Period of Limitations for periods of limitations that apply to income tax returns.
Q: My spouse is terminally ill and expected to pass in about a year or sooner. What information should I be gathering and how should I be preparing so that I am not left in the lurch? A: There are four areas to focus on: legal, financial, practical, and emotional or spiritual. You and your spouse should deal with the legal, financial, and practical matters as soon as possible so that your spouse may attend to emotional and spiritual matters unencumbered. There are several legal documents to make sure are in place: a Will, a Durable Power of Attorney, a Medical Power of Attorney, an Advance Directive to Physician and Family or Surrogates, and, possibly, an Out of Hospital Do Not Resuscitate Order, a Body Disposition Authorization, or an Appointment of Agent to Control Disposition of Remains. Regarding financial matters, it is assumed that accounts are titled jointly for spouses. A key financial form is a beneficiary form. You can have a beneficiary form for life insurance policies or pre-tax retirement accounts. Making sure that these are in place can help assets pass appropriately when they are needed. If you need to redo any beneficiary forms, you may want to request a claim form for life insurance policies or a distribution form for pre-tax retirement accounts at the same time you request a beneficiary form. The most immediate practical matter after someone dies is what to do with the body. Families are comforted when they know that they are carrying out a loved one's wishes. It is very helpful if you discuss your wishes with your family and decide whether you prefer burial or cremation and choose a final resting place. You may want to express your preferences about a religious service or final send-off. It is best to put your wishes in writing so that they are clearly communicated to everyone. As another practical matter, it is helpful to designate who gets what personal property. You can make a list for disposition after your death or you may want to take the opportunity to give treasured pieces to special people in person. This will give you the opportunity to visit with each person and tell them why you want them to have a certain item. The memory of such a visit will add to the gift. It is as important as any or all of the above to pay attention the emotional and spiritual aspects of end-of-life. Take time to be with your loved ones, tell them what they mean to you, and mend any relationships that need healing. This will be your everlasting legacy.
