Frequently Asked Questions

Where can I verify Jon Todd Koenig's credentials?

J.T. Koenig's licensure to practice law in Texas and good standing in the Texas legal community can be verified by accessing the lawyer information database maintained by the State Bar of Texas.

What types of security precautions have been taken to protect my personal information?

This website utilizes secure transactions in both its E-Mail applications and its Form Submission applications.  The information provided by the client through this website is electronically encrypted and cannot be unencrypted in transit.  It is only unencrypted by Mr. Koenig, as the end-user, prior to his opening the client's file.

What is Estate Planning?

Estate Planning is the process whereby you list your assets, determine where you want them to go when you die, evaluate possible tax ramifications and draft documents to accomplish your planning purposes.

What kinds of documents make up an Estate Plan?

Typical estate planning documents can include wills, trusts (either testamentary or inter-vivos), directive to physicians, powers of attorney, declarations and designations of guardians, and dispositions of remains.

What types of documents does the "Weekend Lawyer" prepare?

J.T. Koenig is available to prepare all the above-mentioned documents for your Estate Plan.  However, it should be noted that as is indicated on the home page of this website, Mr. Koenig limits his client base to those clients with what are best described as "simple" estates.

What is a "simple" estate?

A "simple" estate, for purposes of this website, is one which is predominately owned wholly in one's own right or jointly with one's spouse and which has a total value, in 2000, of  less than $675,000.00 for an individual or $1,350,000.00 for a married couple.  Thus, persons with estates comprised of significant undivided interests in real property (where ownership is shared with multiple persons), or estates with total values more than those stated above would be best-served by seeking legal counsel from an attorney who is certified by the Texas Board of Legal Specialization.  The exception to this caveat is when the value of a person's estate exceeds the amounts stated above due to the inclusion of life insurance.   In such instances the estate's value can be significantly reduced, thus making it a "simple estate" by creating what is called an irrevocable life insurance trust (an ILIT).

Why is this website limited to "simple" estates?

While Mr. Koenig is well-versed in the specifics of advanced estate planning, which is inextricably linked to the intricacies of Federal Estate and Gift Taxation, and Federal Income Taxation, he chooses to limit the time available to him for a client base not well-served by the Texas legal community; Texans with modest estates who want an estate plan which will work under the laws of Texas but who cannot afford to spend thousands of dollars to get one prepared. 

Why do I need a will?

A will permits you to leave legally binding instructions for how things are to be handled for you after you die. A will gives you great flexibility in determining how your property and other assets are distributed after death. Without a will, your assets will be distributed according to a default plan, called laws of intestate succession, set up by the Texas Legislature for people who don't have a will. By creating a will, you can divide your assets however you like. You can leave property to children and grandchildren in equal or unequal shares. You can leave property to your best friend.  You can even choose to leave nothing to someone (disinherit them) if you wish. You can also leave property or cash to your favorite charities. You can specify that particular property be given to particular people, such as leaving your daughter your grandmother's china and leaving your son your baseball card collection. In a will you also name the person or persons you wish to manage the affairs of your estate after you die.

A will is also extremely important if you have minor children. You can use a will to specify who will take care of them should both parents die before the children reach age 18. You can also name a separate person, by designating them as trustee of a testamentary trust (a trust whose provisions are included in the body of the will),  to manage money or property on behalf of the children until they reach age 18, or some later age if you wish. In the will you can also leave specific instructions for details like whether you wish to donate your organs to help others, or whether you wish to have your body buried or cremated.

You can even provide for the care of a beloved pet in your will by creating what is called a "contingent gift".   By utilizing this technique, you can leave property to a specific person with the condition that that person will care for your pet or forfeit the gift.  Alternatively you may choose to leave the contingent gift to a charity which will care for your pet until it is adopted.

I don't have anything. Why do I need a will?

You could leave distribution of your estate dependent upon Texas law in such a case.  However, consider for a moment that your death may be caused by the negligence of another.  Imagine that you won the Texas Lottery.  There are many reasons that your estate could be worth a great deal of money when you die, even though you don't believe it to be likely now.  The cost of preparing a will is so small that we believe it is well worth it to have a will.

Where are original executed wills kept? Are they filed with the Court?

People sometimes think that a will is a public document, or that if they need to locate a relative's will, they can get it from the courthouse. This is not correct. Your will is a private document. When Mr. Koenig assists you with the execution of your will or when you follow his instructions on how to execute the will yourself, you retain possession of your original will.  It is up to you to keep your original will in a safe place such as a safety deposit box, a home safe, or some other place where you keep your important papers. It is recommended that you give a copy of your will to the person you designate as the executor/executrix and that you also give copies to your family, friends or others who you may designate as beneficiaries under your will and ask them to keep the will with their important papers. A copy will also be kept with Mr. Koenig's  files.  Upon your death, your family or friends must file the original executed will with the Clerk of the Probate Court in the county where you last resided or where you owned most of your property, and only then does it become a public record.

What is a living will? Why do I need one?

A living will is another name for a Directive to Physicians.  It is not a dispositive will, as that term is commonly understood and is explained above.  It is a legal document directed to doctors and hospitals. In a living will, you explain what you would like to have happen if you are critically injured and cannot speak for yourself. For most people, the living will is an expression of their desire not to be kept alive by machines when they would die naturally if those machines were turned off.  Living wills are widely recognized in the United States and in Texas.  Most doctors will ask you if you have a living will when you first see them and most hospitals will ask you if you have a living will when you are admitted for treatment.  Expressing your desire not to be kept alive by artificial means can save your doctors and family members a great deal of pain and heartache should they ever be placed in the terrible position of having to decide whether to turn off life support machines and allow you to pass away in peace.

What is the difference between a Will and a Living Trust?

First of all when you have a living trust (also known as an inter-vivos trust), you can also have a will, called a pour-over will, which works in concert with the living trust by pouring over assets to the living trust upon your death.  A living trust in conjunction with a pour-over will accomplishes the following:

• Minimizes probate (probate is the court process by which your will is proven valid and by which title to your assets is transferred to your heirs or beneficiaries).   The probate process is not eliminated but is significantly reduced due to the fact that the will serves only as a Muniment of Title (transfer of title document) rather than the dispositive document that a complete will functions as.
• A trust is a private document which is not available to public inspection as is a will.
• A pour-over will can be a short and simple document which facilitates how you want your property to pass, by simply pouring all your property over into the living trust. It does not accomplish any real estate planning, or privacy for the individual writing the document.  The living trust working with the pour-over will accomplishes these tasks.
• For a living trust to work in concert with a pour-over will the living trust can be either a stand-by trust, also known as an unfunded trust, or it can be a funded revocable trust.  In the latter case, your property can be placed in the revocable trust and at your death, the revocable trust by its terms terminates, thus throwing all or your property back into your estate, which is governed by your pour-over will, which in turn throws all of your property back into the trust which now becomes irrevocable.

In addition to the combination of the living living and pour-over will, you can have what is simply a living trust which acts as a will.  In such a case, your property is transferred to the trust during your lifetime, and is administered by the trustee according to the dictates of the trust.   The trust can be either revocable or irrevocable, but in all cases for the trust to act as your will, it's terms must be irrevocable at your death.  A living trust alone, which is irrevocable at your death, accomplishes the following:

• Eliminates probate (probate being the court process by which a will is proven valid and by which title to your assets is transferred to your heirs or beneficiaries).
• A trust is a private document which is not available to public inspection as is a will.
• Provides for continuity of management, provided the trustee is not also the decedent.

In the case of a living trust alone, it should be noted that the best-drafted living trust in the world will not be worth the paper it is written on if the property transfers are not properly and completely made.   In such a case your estate will have non-probate property (that transferred to the living trust) and probate property (that which will have to be administered through the probate process and which, since you haven't had a will drafted, will pass according to the default plan set up by the Texas Legislature).

When do I want to use a Living Trust?

You should consider utilizing a stand-by living trust in conjunction with a pour-over will if you only wish to keep the disposition of your estate secret.  You should consider utilizing a fully funded living trust which will be irrevocable at your death if you wish to avoid probate as well as keep the disposition of your estate secret.  If you wish to give others property during your lifetime but still want retain control over that property you should consider utilizing a revocable living trust.  If you wish to diminish your estate for tax planning reasons, you should consider utilizing one of the various forms of irrevocable living trusts, such as an irrevocable life insurance trust (an ILIT).

What happens if I become incapacitated?

If you become incapacitated, your spouse or family members can step in and make decisions with regard to certain assets if their name or names are listed on those assets.  Otherwise, they may need to go through a court procedure called a guardianship proceeding to take care of you and your estate. The need for a guardianship can be eliminated with a Durable Power of Attorney and a Durable Power of Attorney for Health Care. These documents avoid court procedures and the cost and time involved in a Guardianship.  In addition should a guardianship be unavoidable, you can designate who you wish to serve as such, and who you do not want to serve as such through a Declaration of Guardian Before Need Arises.  You may also designate who you want to care for your children through a Designation of Appointment of Guardian over Minor Children.

What is a Financial Power of Attorney?

A Financial Power of Attorney is a powerful legal document with which a person that you name as your Attorney in Fact will be legally able to administer your assets while you are alive and well and/or while your are incapacitated, depending upon the kind of powers you give them. Obviously, choosing the right person is very important.

What is a Power of Attorney for Healthcare?

A Power of Attorney for Healthcare is a legal document with which a person that you name as your Attorney in Fact for Healthcare decisions will be legally able to make decision regarding your healthcare while you are alive and well and/or while your are incapacitated, depending upon the kind of powers you give them. Obviously, choosing the right person is very important.

How does a Power of Attorney work?

A power of attorney is a written document which allows another person to legally act on your behalf. Powers of attorney can be specific and limited to certain things, or they can be general.  A financial power of attorney would allow, for example, the person given the power to sign a sales contract on your behalf. More common are general powers of attorney, which are usually signed by an older person to go give their spouse or child the ability to manage their affairs. A general power of attorney allows the person with the power to open or close bank accounts, buy or sell stock, and otherwise do anything legally on behalf of the grantor of the power.  It should be noted that while powers of attorney are generally accepted by banks, realtors, hospitals and the like, Texas has no law dictating that these institutions must accept the power of attorney and allow the Attorney in Fact to exercise their powers.

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