Escapees March-April 2023

SAMUEL L. BURK is an attorney licensed in Texas and a partner of East Texas Legal, P.L.L.C. Samuel helps clients with their estate planning needs and ques tions about domicile. He attended Rice University and graduated cum laude with a bachelor’s degree in economics. He received his law degree from Duke University School of Law graduating with honors. www.eastexlegal.com As all full-time RVers have proven, when you have the will to pursue a lifestyle of freedom, you will always fi nd a way. While you are mapping out your next adventure across the country this year, maybe pause for a few moments and evaluate how you could provide additional security and peace of mind for your family in 2023. Free Consulation and Discounts East Texas Legal gives free initial consultation sessions for Escapees members on estate planning, domicile, and other full-time RVer issues as well as a 10% discount on their Standard Will Package. wishes were clearly delineated regarding your estate and healthcare decisions. There is an added bene fi t for full-time RVers: the execution of a new will in your state of domicile provides further compel ling evidence to illustrate your intent to permanently reside in that state. If you are declaring that you want the distribution of your assets to be governed by that state’s law when you die, this a strong record of intent in analyzing domicile. But, do I have to hire a lawyer? No. Almost every state has promulgated a set of laws that set forth the strict formal ities that must be adhered to for a will to be valid, and most states allow a person to draft a handwritten will. Just as you may not “need” to hire an accountant to help fi le your taxes, you do not have to hire an attorney for your estate planning. But unlike a tax return that you can amend after fi ling, once a will is fi led for probate, you are no longer around to make any necessary corrections.

“There is an added bene fi t for full-time RVers: the execution of a new will in your state of domicile provides further compelling evidence to illustrate your intent to permanently reside in that state.”

surviving spouse may only be entitled to as little as one-third of the sole property of the estate and one-half of the community property depending on the circumstances. The choice of estate planning is a personal choice for everyone, but be sure that you are making an informed decision, no matter what you decide. Advantages of Planning and Preparation As with many aspects of your life, having a plan provides several bene fi ts, and it is no different in the estate planning process. First, an estate plan will likely help minimize the administrative expenses associated with the probate process. In a will, one selects the executor of the estate and should be able to forgo the process of having to iden tify and prove kinship for all potential heirs of the estate. Second, an estate plan allows you to dispose of your assets in the manner that you wish. The legal right to distribute your assets and your property when you die, and to do so however you want, is foundational to the fabric of our society. Third, a comprehensive estate plan will also predetermine certain healthcare choices and select those individuals who you wish to make fi nancial and healthcare decisions on your behalf if you ever become incapacitated. It can also provide for the appointment of a guardian if you have minor children. Finally, and possibly most important, an estate plan will provide peace of mind to your family and loved ones. They will know that your

Samuel L. Burk is an attorney licensed in Texas and a partner of East Texas Legal, P.L.L.C.

The information contained in this article is for educational purposes and is not intended as legal advice and does not create an attorney-client relationship. You are advised to seek legal advice and counsel from a licensed attorney or certi fi ed professional in your state regarding any speci fi c legal questions or matters.

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ESCAPEES Magazine March/April 2023