Help with protecting estate of an aging friend
Q: I have a 70-year-old friend with no living relatives or close friends in town. I worry that if something should happen to her, and she needs medical or financial help, there would be no one with legal authority to help her. What should I suggest she do?
A: Estate planning is so personal that it might be difficult to have this type of discussion with your friend.
But if you are close enough friends, and you feel comfortable bringing up this topic with her, you could let her know that you would be willing to serve as her executor and agent on the various documents she would prepare, if she has no one else to name.
Don't be surprised if she says she has everything in place. It is not unusual for people to name friends or relatives who live out of state, or even out of the country, to serve in these capacities. With cellphones, anyone located anywhere can be reached instantly. Even after death, most of
the work involved with serving as executor can be handled from another location.
Q: A tenant, who is a litigation attorney, moved out of my rental home last week. I returned half of his security deposit because the home needed a lot of repairs. He left me a threatening voice mail, followed by a letter demanding I return the full $1,475, or he would sue me, and it would cost me way more than I withheld. In fear of a lawsuit, I sent him the other half of the deposit. Do I have a case in small claims court to recover some of the repair costs?
A: Yes, you may have a case. However, I think it would be a complete waste of your time to sue a litigation attorney in Justice of the Peace Court (which is the actual name of a "small claims court"). Even if you somehow were to win your lawsuit, he would be able to appeal the decision to a County Court, meaning you would then need to hire a lawyer and spend many thousands of dollars to try to defeat him.
He will not have to pay any lawyer's fees because he can represent himself. He is right that ultimately you will spend far more than the amount you are seeking to recover.
You should instead focus your efforts on getting the home repaired and livable as soon as possible so that you can find another paying tenant.
The information in this column is intended to provide a general understanding of the law, not legal advice. Readers with legal problems, including those whose questions are addressed here, should consult attorneys for advice on their particular circumstances. Ronald Lipman of the Houston law firm Lipman & Associates is board-certified in estate planning and probate law by the Texas Board of Legal Specialization. Email questions to stateyourcase@ lipmanpc.com.