Welcome to the Massingill blog. Here’ll you’ll find frequently published articles on important topics relating to business law, healthcare business law, and family estate planning. Not finding the information you need? Book a consultation. Our friendly and helpful legal staff will answers your questions and get you on the path to solutions.


| Read Time: 7 minutes | Articles

Power of Attorney vs. Guardianship in Texas: What Is the Difference?

The main difference between a power of attorney and guardianship in Texas is that a power of attorney is created voluntarily by a person while they still have legal capacity, while guardianship is created by a court after a person is found incapacitated. A power of attorney is usually a planning tool. Guardianship is usually a court-supervised solution when...

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| Read Time: 7 minutes | Articles

How to Avoid Medicaid Estate Recovery in Texas

The best way to avoid Medicaid estate recovery in Texas is to plan early, understand which assets are subject to recovery, use lawful nonprobate transfers where appropriate, and respond quickly if the state sends a Medicaid Estate Recovery Program notice after death. Texas Medicaid estate recovery, often called MERP, is not a penalty, but it can create serious problems...

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| Read Time: 6 minutes | Articles

What Happens If You Don’t Probate a Will in Texas?

If you don’t probate a will in Texas, the will may not legally transfer property, the named executor may not have authority to act, assets can remain stuck, and the estate may eventually be treated as if there was no will. In some small or simple estates, probate may not be worth pursuing, but ignoring a will can create...

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