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:

1. 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;

2. A married woman’s earnings were community property and under her husband’s control;

3. 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

4. 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:

1. 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?

2. 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?

3. If someone doesn’t have an Estate Plan, have they talked to an attorney about putting one in place?

4. 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.