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In an effort to keep up with our firm expansion (as well as the growth of Montgomery County), we are moving to a larger office! We will now be located at 32939 Tamina Road, Suite 103, Magnolia, Texas 77354. We pray that this move allows us to continue serving our clients at the highest levels of professionalism and convenience.
We are pleased to announce that on July 1, 2023, Jahnz & Associates welcomed back attorney Amy Adkins as a pivotal asset to its generational law practice. Amy has over 17 years of experience as an attorney and is excited to be part of a firm dedicated to helping families plan for their futures and counsel families through unexpected life events.
We at Jahnz & Associates believe that it takes more than just “book smarts” to be a successful attorney and counselor. Amy stands above the rest as a guardianship attorney, as she has significant personal and educational experiences with medical issues often encountered during guardianships and special needs planning. As an undergraduate, Amy completed a concentration in genetics. As a mother and daughter, Amy has navigated issues relating to autism, mental illness, and special education. Amy’s experience provides a level of understanding that allows her to counsel and advocate for her clients during various life stages and tough situations. As a court-appointed guardian, Amy will be the person holding her client’s hand through medical procedures and other difficulties with patience and grace.
Some fun facts about Amy:
Favorite Book: Is To Kill a Mockingbird
Favorite TV Show: This is Us
Life Motto: “For of those to whom much is given, much is required” - JFK
Outside of counseling her clients, Amy enjoys reading and spending time with her two children and two very spoiled cats.
Amy believes that her personal background gives her a “deep understanding and empathy for persons who find themselves facing a loved one’s mental illness or debilitating disability, caring for a child or adult with special needs, or facing the death of a loved one.”
Please drop a comment and help us welcome Amy to the firm! If you are interested in setting up a consultation, please contact our office at (832) 702-9669 or admin@jglawtx.com.
Don’t forget your swimsuit, sunscreen, and… estate plan?? Yes, even your summer vacation should remind you to have your affairs in order. Watch the video below for tips from our Managing Attorney, Stephanie Jahnz.
Stephanie Jahnz had the privilege of presenting “Estate Planning YOLO! (You Only Live Once!)” to the Montgomery Lake Conroe Centennial Lions Club.
Visit The Courier of Montgomery County’s article to learn why an Estate Plan is important to protect you and your family.
If you have questions about generational law, contact Jahnz & Associates to set up a consultation at 832-702-9669 or admin@jglawtx.com.
Most of us have smart phones and I would guess that most of us also have someone labeled as “ICE” in our contacts to alert first responders (or others) as to who to call in an emergency. This is a great way to ensure that someone we trust will be alerted to emergency situations.
But, your ICE contact label does not give your emergency contact any authority to act on your behalf or speak with the medical providers or financial institutions, in the event of an actual emergency.
Some documents you should consider, in addition to a will, are:
Durable (Financial) Power of Attorney
Medical Power of Attorney
HIPAA Release
Declaration of Guardian in Case of Later Need
Be prepared ICE.
Contact our office at 832-702-9669 or admin@jglawtx.com to discuss what estate planning documents are right for your and your family.
“Planning the future your family deserves”® involves a client-centered estate plan, including planning for your future care.
A last will and testament or trust are only two documents in a comprehensive estate plan. Other documents that should be discussed are medical and financial powers of attorneys, advanced directives/living will, and a declaration of guardian in case of later need. By having a comprehensive plan, you help your family to prepare for your future needs and to minimize any future unmet needs.
Having a plan in place can also help to minimize the burden on your family. “The cost of caregiving: When financial and emotional stress compound” discusses a recent study from Fidelity Investments that showed:
62% of caregivers report being occasionally overwhelmed with financial stress.
Of those who stepped back from their careers to focus on caregiving - whether for one’s kids, or for one’s elderly parents - the average time out of the workforce was 20 months, and 53% said the period turned out to be longer than expected.
Meanwhile, 37% said they earned less when they returned to work, taking a median 40% pay cut.
Thinking about what you (or your parents) will need after you can make those decisions is difficult for many people. But, if you do not have a plan in place, the alternative often means court intervention to appoint someone to manage the medical and financial needs of the incapacitated person. This can be a long and expensive process that might have been avoided with proper planning.
At J|G Law we encourage our clients to work with other professionals, such as a financial advisor or CPA, to adopt a comprehensive plan that will assist in the event of incapacity. A team based approach allows our clients to better prepare for the unknown, from planning for long term care or assisted living to ensuring that their family is able to best care for them.
As always, if you have questions, please contact our office at 832-702-9669 or admin@jglawtx.com.
The rights of a married woman in Texas to control her property, own a business, and seek employment without her husband’s permission are just over 50 years old.
Prior to January 1, 1968, the rights of a married, Texas woman were limited as it related to her property - even separate property. Her husband had the right to manage all of his wife’s property, as this was believed to fulfill the husband’s legal duty to support his wife and their family. According to the Texas State Historical Association, this meant that a married woman was very limited in what decisions she could make, individually:
A married woman could not be employed without express consent of her husband, as only the husband could interact his wife’s services to another;
A married woman’s earnings were community property and under her husband’s control;
A married woman was required to seek her husband’s permission to sell any of her property, including real estate, stocks and bonds (although she could give away personal goods by oral consent); and
If her husband mismanaged the funds or property, the wife had a limited right to defend the use of her separate property and seek court approval for her to control her separate property.
As a Texas attorney and businesswoman, Louise Raggio believed that she and her female colleagues were practicing illegally for much of their careers. Raggio was determined to change the status quo. On January 1, 1968, Raggio’s Martial Property Act of 1967 went into effect, starting the process of giving a married woman the same rights as her husband.
Thanks to Raggio and advocates like her, Texas women, married or not, have the right to control (and dispose of) their property as they wish.
The rest, as they say, is history. These hard won rights should not be forgotten or unused. Exercise these rights and explore your options to “plan the future your family deserves.” (tm)
According to the Wall Street Journal, Tony Hsieh, the co-founder of Zappos.com, passed away without a proper Estate Plan. The WSJ details how Mr. Hsieh, a real estate investor and a tech entrepreneur used a color-coded sticky note system to represent financial his financial commitments. His family discovered this system after his unexpected passing. Now, Mr. Hsieh’s family must navigate the loss of a loved one plus tracing his estate assets to make sure that it is all accounted for.
Making it worse, Mr. Hsieh’s private information will likely now be public due to him not having the proper documents, including business contracts and an estate plan, in place. And, his approximate $840 million estate will be passed according to the laws of intestacy (absent the discovery of any estate plan. documents), rather than based on Mr. Hsieh’s preferences.
Whenever a celebrity or high net worth individual dies without an estate plan, it’s highlighted because of the difficulties the grieving family faces given the large sums of money involved and the public scrutiny they may be subjected to. But, these same rules apply to everyone, regardless of the size of an estate.
Estate planning is not just for millionaires. Most comprehensive Estate Plans are affordable and just as (if not more) important to the general population than celebrities. By having an estate plan, you are not only protecting your family, but yourself.
A comprehensive estate plan includes:
Medical and Financial Powers of Attorney to allow your chosen confidante(s) to care for your medical and financial decisions if you are unable to do so;
Declaration of Guardian in Case of Later Need to allow you to request that certain people be qualified (or not) to serve as your guardian in case the powers of attorney are not sufficient;
Declarations to name who you would prefer to be appointed as guardian and healthcare proxy of your minor children;
Advanced Directive/Living Will to advise your family of your last wishes; and
Last Will and Testament and/or Trust to ensure that your assets are divided in the manner that you choose.
“Planning for the future your family deserves” (tm) helps you to determine how your future is handled. Without the proper planning, your state’s law may make these determinations for you.
Estate planning for blended families requires special considerations.
We represent many blended families. A question that often arises is whether a parent can declare a step-parent or other non-parent as the guardian of a child over the child’s living biological parent.
We have always cautioned clients that this declaration likely would not stand in the face of a challenge by an otherwise fit surviving parent.
In June 2020, the Texas Supreme Court provided guidance on this issue in In re C.J.C. The decision makes it clear that a parent will have limited options to designate a guardian other than a child’s surviving parent, absent a showing that the surviving parent is unfit. And, to the extent that anyone other than the surviving biological parent seeks to obtain guardianship over the child, that person will face an uphill battle.
It is important that when you craft your estate plan you consult with an attorney who is versed in planning to meet the needs of your family.
For more information on In re C.J.C., please visit:
In re C.J.C. - Opinion and Pleadings
Supreme Court of Texas Protects the Constitutional Rights of Parents in Landmark Child Custody Case
This year, Thanksgiving will look different for some of us. Whether you’re gathering around the table in person or via Zoom, Thanksgiving is a great time for families to discuss their accomplishments and their future plans.
Your estate plan should be part of this conversation. While some people may dread this conversation, at J|G Law, we strongly believe that this is just part of “planning the future your family deserves” (tm). The sooner you have this conversation, the better off everyone will be, as everyone will know what to expect in the event of an emergency or something unexpected.
Some things you may want to discuss:
Does everyone at the table have an Estate Plan? If so, does it include at least a Will, Medical and Financial Power of Attorney, and an Advanced Directive? When is the last time the Estate Plan was updated?
If Mom and/or Dad have an Estate Plan, do all of the children know what the plan is? Have Mom and/or Dad explained that Suzy is the executor and financial power of attorney, but Johnny is the Medical Power of Attorney? Do all the kids know that Mom and /or Dad do (not) want prolonged life support and how they hope that the kids follow this wish?
If someone doesn’t have an Estate Plan, have they talked to an attorney about putting one in place?
What happens to the (minor or incapacitated) kids if something were to happen to mom or dad?
The goal is to make sure that everyone understands their family member’s wishes. This helps to give everyone peace of mind during stressful times of emergency, grief, or loss.