My Top Pet Peeve

March 7, 2023

The woes of letters testamentary & small estate affidavit and what it takes to get them

I wanted to take a moment to talk about a little pet peeve that I have. This deals with what certain non-attorneys, like financial professionals from mainly banks and insurance companies, tell their clients that they need when they are they are trying to collect on life insurance benefits. This is also something that they say if they are trying to collect the funds that are might be in a bank account that didn't have a POD (pay on death) after their loved one has passed away.

So, what is my pet peeve that that they say, you ask? They say, "Oh, just go to your lawyer and get letters testamentary or letters of administration and if you can't get that I will even accept a small estate affidavit if that's what is that's available."

So, what happens next? My clients then come to me and say, "Hey, Mr. Dickerson, can you get me a letter testamentary so I can get this money out of the bank? Or a letter of administration will do fine, too. Or do we need a small estate affidavit?" The truth of the matter is, the banker or financial representative has now made my client believe, unfortunately, that our firm can just whip that out and they can then go over to the bank that same afternoon and go ahead and get their money out. Or they are now how a false sense of hope that they can just send these types of letters out to the insurance companies and they will send them a check. Well, what they don't tell you is that the lawyer doesn't get those for you directly. They don't we don't prepare letters testamentary. The county clerk prepares those, and they don't prepare any of that stuff until after we've gone through probate.

What are Letters testamentary?

"Letters testamentary" is what the executor receives when he or she is appointed. This is the executor's proof that he or she is duly appointed and authorized to act as the personal representative of the estate pursuant to a Will. But as I mentioned, to get that we have to file a probate and go through the probate process before we get them appointed and get those letters. Plus, getting those letters isn't just the end of it. There are duties and responsibilities that come with letters testamentary and letters of administration. Letters of administration are almost identical, except that they call them letters of administration because they are for somebody who died without a Will. So, the person is the administrator, not the executor and are court appointed and authorized to serve as a personal representative.

Once we have those letters; letters testamentary or letters of administration, we then have some duties. We have to file a notice to creditors. We have to do an inventory. We have to distribute the estate. As you can see, all those are additional things that come into play. So, when a financial representative tells our clients, "Oh, you just need to get us letters of administration, your lawyer can do that", it's not quite that easy.

Small estate affidavit

Now, let's talk about the small estate affidavit. The small estate affidavit is a is a great vehicle for somebody who maybe didn't have a large estate. Perhaps they didn't have a Will and didn't have any bills, or a bunch of debts and properties that we need to deal with. What happens then is, we write up the small estate affidavit, and it basically gives a whole history of the decedent, like when they were born, when marriage or marriages occurred, the children, siblings (if appropriate) and what properties they had and also when they died. This needs to be signed off by everyone who would receive from the estate, like the kids, grandkids., plus two disinterested witnesses would also need to sign off. This gets filed like a probate. We then have a hearing. In some jurisdictions, they do it by submission, meaning, you just submit it and after the judge looks it over, he or she will sign off on it and it'll be done. In Webb County, we do have to have a hearing, so we have our client prove up and they give testimony in support of the evidence that's stated in the affidavit. Then, they will be able to get the affidavit signed by the judge.

That affidavit obviously takes time and it's a lot more involved than just creating a quick document in our office. I hope this information has been helpful to you and I hope it clarifies what some of these different terms areas well as helps you understand that sometimes what some financial institutions or insurance companies might say things in a way that sounds like it is something really easy is, in actuality, something much larger and involves a longer process that needs to be thought through with other additional responsibilities once you get going. All right. Until next time. This is Joseph Michael Dickerson from The J.M. Dickerson Law Firm and if you would like to visit with us in person by appointment or by Zoom, contact us today by calling (956) 791-5422.

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Molding Your Financial Future in 2025

January 17, 2025

As we step into the new year, I find myself reflecting on the countless entrepreneurs, professionals, and business owners I’ve worked with throughout my career. Helping clients mold a shield of protection around their assets has been one of the most rewarding aspects of my practice. Time and time again, I’ve witnessed that success isn’t reserved for geniuses, nor does it require a fancy degree. The secret lies in action, strategy, and discipline—traits anyone can cultivate to achieve and maintain wealth. The Myth of Instant Wealth How often have we heard someone say, “When I win the lottery, I’ll finally be set”? It’s a common refrain, but let’s examine the reality. Imagine winning $10 million in the lottery. After choosing the lump sum option and paying taxes, you might walk away with only a fraction of that—perhaps $2 million. Without a solid financial plan, it’s no surprise that many lottery winners end up broke within a few years. True wealth isn’t about luck or flashy possessions. It’s about what you do with your resources and how you protect them. If you look around your community, the truly wealthy aren’t necessarily the ones with the biggest houses or newest cars. They’re often the ones who’ve taken calculated risks, lived within their means, and built unglamorous but steady businesses. These individuals mold the clay they’re given, creating shields of protection around their assets that ensure their financial stability for generations. The Trap of Looking Rich We’ve all seen it—the big house, luxury car, and designer wardrobe. But appearances can be deceiving. Many who look wealthy are drowning in debt, spending more than they earn, and chasing the illusion of success. As my wife lovingly calls it, Dickersonism #7: “Looking rich does not MAKE you rich.” True wealth is built on a foundation of solid, income-generating assets, not consumables. Falling into the trap of “keeping up with the Joneses” (or Kardashians) often leads to financial instability and missed opportunities to create lasting wealth. The Cost of Inaction One of the greatest obstacles to wealth and protection is inaction. Henry Ford famously said, “If you think you can, you can. If you think you can’t, you can’t. Either way, you’re right.” Inaction is the path of least resistance, but it’s also the path to missed opportunities and unfulfilled potential. Some hesitate out of fear or over-analysis, a condition I call “analysis paralysis.” It’s easy to get caught up in what could go wrong, but this mindset keeps you stagnant. Every successful person I’ve worked with has one thing in common: they took action. They understood the risks but focused on the rewards, moving forward despite uncertainty. Setting Your Course for 2025 If you haven’t taken steps to mold your financial future, now is the time. Ask yourself: Where do you want to be a year from now? In five years? In ten? Define your goals and begin building the path to reach them. Just as importantly, protect what you’ve built. Not having a plan to shield your assets is like running exposed electrical wiring—sooner or later, you’ll face unnecessary risks. A board-certified estate planning attorney can help you design a plan to safeguard your wealth, ensuring it stays secure for you and your loved ones. Take Control of Your Future Success doesn’t just happen—it’s molded. Listen to trusted advisors, but remember that the final decisions are yours to make. Clarify your vision, take bold steps, and build the life you’ve always dreamed of. At The J.M. Dickerson Law Firm, we’re here to guide you every step of the way. Whether in person, by appointment, or via Zoom, we’re committed to helping you create a legacy of success and security. Contact us today, we can help! South Texas: 956-791-5422 Central Texas: 830-302-4577 Let’s make 2025 your year of action, growth, and protection.

Embracing the Holidays as a Time for Estate Planning

December 20, 2024

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Start the New Year Strong: Four Steps to Success

December 13, 2024

As the end of the year approaches, it’s easy to feel the weight of unfinished tasks and the hustle of the holiday season. Between wrapping up work projects, preparing for family gatherings, and making plans for the future, this time of year can feel overwhelming. But amidst the busyness lies a valuable opportunity—the chance to press reset and prepare for a fresh start. The New Year offers a clean slate, making it the perfect time to reflect, reorganize, and refocus your goals. By dedicating some time to the right activities now, you can set yourself up for success in the months ahead. Here are four key steps to help you start the New Year on solid footing. Step 1: Reflect on the Past Year As the calendar flips to a new year, many of us naturally find ourselves looking back at the previous 12 months. This is the perfect moment to assess your professional and personal accomplishments, challenges, and growth. Ask yourself: • What were my biggest successes this year? • What goals did I miss, and why? • What strategies or habits worked well for me? • Where can I improve moving forward? Reflection isn’t just about identifying wins and losses; it’s about understanding the “why” behind them. Seek feedback from colleagues, mentors, or trusted peers to gain new perspectives. The more honest and thorough your evaluation, the more valuable it will be as a foundation for future planning. Step 2: Create a Game Plan for the Year Ahead Reflection is only the beginning. To make real progress, you need a clear and actionable plan for the year ahead. Start by defining your big-picture goal for the next 12 months. What’s the most important outcome you want to achieve? Once you have that, break it down into smaller, measurable objectives. For example, if your goal is to expand your business, your smaller objectives might include increasing marketing efforts, attending networking events, or launching a new service. Outline the steps needed to achieve each objective and set realistic timelines for completion. Revisit your goals regularly—at least quarterly—to ensure you’re staying on track or to adjust for any changes in your circumstances. Flexibility is key to maintaining momentum throughout the year. Step 3: Declutter Your Inbox An overflowing email inbox can be a constant source of low-grade stress. Ending the year with a streamlined and organized inbox can give you a fresh sense of control as you head into January. Here’s how to tackle it: • Respond immediately to any urgent or unresolved messages. • Delete emails that are no longer relevant. • Unsubscribe from newsletters or mailing lists you no longer find useful. • Create folders and filters to better organize incoming messages moving forward. To keep your inbox manageable, schedule regular cleanups throughout the year. Whether monthly or quarterly, these maintenance sessions will prevent clutter from building up again. Step 4: Knock Out Small Tasks The small, unfinished tasks lingering on your to-do list can be more draining than you realize. Use this time to cross off as many as possible before the New Year begins. • File paperwork that’s been piling up. • Respond to emails you’ve been avoiding. • Wrap up loose ends on ongoing projects. Completing these small but nagging tasks will give you a sense of accomplishment and free up your mental bandwidth for bigger goals in the New Year. Starting January with a clean slate will allow you to hit the ground running. Your Fresh Start A new year is a chance to realign your priorities, set meaningful goals, and approach your work with renewed focus. By reflecting on the past year, setting actionable goals, decluttering your space, and tying up loose ends, you’ll create the foundation for a successful year ahead. Whether you spread these steps out over a few weeks or tackle them all in one day, the most important thing is to commit to the process. A little effort now can make a big difference in how you start the year—and how you finish it. Here’s to making the most of your fresh start!