Law Office of Monica R. Hennessey, PLLC

04/17/2024

I joined Blanca with Spotlight Houston to answer her questions about estate planning and probate. Listen in!

Join us on Spotlight Houston for a discussion about planning for the future with Monica R. Hennessey, an expert in estate planning. Host Blanca Quezada finds out how to set up a good estate plan that includes wills, trusts, medical directives, and the essential papers that help you decide what happe...

01/01/2023

Happy New Year from the Law Office of Monica R. Hennessey!

#2023

12/25/2022

Merry Christmas from the Law Office of Monica R. Hennessey!

12/18/2022

Happy Hanukkah from the Law Office of Monica R. Hennessey!

11/24/2022

Happy Thanksgiving from the Law Office of Monica R. Hennessey! I wish you and your family a happy and safe holiday with good food and even better friends and family!

09/05/2022

Happy Labor Day from the Law Office of Monica R. Hennessey!

08/30/2022

I had a great time this past Saturday volunteering at the Houston Food Bank for some early morning community service! I was elbow deep in 50-pound bags of split peas working to bag them up for distribution. Our group of volunteers bagged around 2,500 2lb bags of split peas. The Houston Food Bank provides access to 150 million nutritious meals annually to 18 southeast Texas counties. I highly recommend supporting the Houston Food Bank https://www.houstonfoodbank.org/

07/04/2022

Happy 4th of July from the Law Office of Monica R. Hennessey!! I hope everyone has a happy and safe holiday! 🇺🇸 🇺🇸🎇🎆🇺🇸

06/30/2022

Trillions of dollars are expected to transfer through inheritance in the upcoming decades, but not everyone will be pleased with what they receive, as some assets are considered “better” than others. Cash is considered to be the easiest asset to value and divide. The following six assets are considered to be complicated:

1) Timeshares
2) Potentially Valuable Collectibles
3) Guns
4) Operating Business
5) Vacation Properties
6) Physical Property (especially with sentimental value)

Avoiding complications begins with a thoughtful estate plan that isn’t left to the last minute, which includes discussing the plan with beneficiaries. This can prevent arguments or unfulfilled wishes, and gives beneficiaries the opportunity to express that they might be uninterested in the property.

Leaving these assets to loved ones may be more trouble than it’s worth. How to avoid adding to their grief after you're gone.

06/21/2022

COVID-19 has served as a wake-up call for many Americans, especially regarding end-of-life planning. According to the survey question "Did your loved one have a will before dying of COVID-19?" only 22.6% responded with Yes, 17.6% responded that their loved one had a living trust, and 15.8% had a different estate planning document in place.
Now, nearly half of those who had a serious case of COVID-19 are much more likely to have a will than those who have not experienced the virus. This includes an increase with 18-34 year-olds, who have been motivated by the pandemic to take further steps to obtain estate planning documents. Do not wait until it is too late! Plan while you can. Estate planning will give your family and friends the tools they need to help you and/or finalize your estate according to your wishes.

https://www.caring.com/caregivers/estate-planning/wills-survey/covid-19/

06/07/2022

A Medical Power of Attorney is a document that allows you to name an agent to make medical treatment decisions for you if you are not able to do so yourself. A Directive to Physicians (also known as a living will) is a document that allows you to designate what kind of medical treatment you would like to receive if you ever face a terminal or irreversible medical condition. It is often referred to as the document where you tell the doctors to "pull the plug." Most people request that all treatments other than those needed to keep them comfortable be discontinued or withheld so they can be allowed to die as gently as possible.

The main difference between the two documents is that the Directive to Physicians is where you actually express your own specific preferences as to the use of life sustaining treatment, and the Medical Power of Attorney is where you name one or more persons to make most medical decisions for you. These two documents usually work together.

If you have both a Directive to Physicians and a Medical Power of Attorney, there certainly can be some overlap. For instance, a decision made by your agent under a Medical Power of Attorney may have the effect of ending your life within hours or days even though you may not yet have reached the point at which your Directive to Physicians would have applied to your medical condition. In situations where there is overlap, Texas law states that your attending physician and the agent you have named to make medical decisions must act in accordance with your directions. Presumably, this means that if your physician has determined you are in a terminal or irreversible condition, your Directive to Physicians should be honored. However, since the law is not as clear as it could be, it is a good idea to include a provision in your Medical Power of Attorney requiring your agent to comply with a validly executed Directive to Physicians.

06/01/2022

Only about 44% of Americans say they have a will that describes how they would like their estate handled after their death. Without proper planning, intestate-succession laws designed in the mid-20th century will control what happens next.

In a majority of states, nontraditional families are hit particularly hard and can be thrust into legal limbo when a loved one dies. Intestacy laws largely recognize family based on biological relation or legal contract, which does not encompass modern families.

There are many ways to designate what happens after death, wills are still very important. Another suggestion is for states to rewrite intestacy laws allowing for a broader definition of partnership. "As a kaleidoscope of new relationship structures enters the mainstream, we need to consider redefining family based on actions, not just legal status."

A striking proportion of Americans doesn’t have one. Nontraditional families are left uniquely vulnerable.