JANUARY 2020
Hill Country
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TESSMER LAW FIRM EXPLAINS ESTATE PLANNING
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FABRA • KENDALL • CURINGTON • FAIR OAKS • ELLISON • HERFF CIBOLO CREEK • AUE • LEON SPRINGS • MCANDREW • VAN RAUB
Connecting Our Families, Our Schools and Our Local Businesses
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Distributed into the Backpacks of 6000 Boerne / Leon Springs Students Fabra • Kendall • Curington Fair Oaks • Cibolo Creek Aue • Leon Springs McAndrew • Ellison Van Raub • Herff Elementary Schools Art Director Susie Fluckiger Sales Audra Miller Publisher BP PUBLISHING LLC
Cover picture: Heather Tessmer, CEO of Tessmer Law Firm
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Content for the Elementary School pages contributed by each school. Backpack Connection magazines are published every six weeks during the school year by BP Publishing LLC. The advertisements in this magazine are paid for by the advertisers, which allows this magazine to be distributed free to the families of the elementary students. Unless specifically noted, no advertisers, products or services are endorsed by the publisher, BISD, or NISD, or any districts employees. BP PUBLISHING LLC is not responsible for omissions, errors or misinformation within this publication. All real estate advertised within this publication are subject to the Federal Fair Housing Act, which make it illegally to advertise any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin or intention to make any such preference, limitation, or discrimination. We will not knowingly accept any advertising for real estate which is in violation of the law. All persons are hereby informed that all dwellings adverting are available on an equal opportunity basis. Reproductions of this magazine in whole or part without written permission is prohibited.
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ADVERTISING AND GENERAL INFORMATION BP Publishing LLC 209 Walnut Grove Rd. Boerne, TX 78006 (210) 367-3048
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Count the Which Wich logos for a chance to win $20 Gift Card Count the Which Wich logos in this issue (including this one!). Submit to: contest@backpackconnection.com by January 22, for a chance to win a $20 gift card to Which Wich. Include name, email, and phone number so we can contact the winner! Correct answers will be placed in a drawing to win; only one winner chosen. You could be the next winner so count, then count again to double check!
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state planning is telling the courts what to do with your stuff in case you die. When it comes to estate planning, everybody needs something. Figuring out what that “something” is can be difficult. From the student starting medical school, to the expert in his field, each person needs an estate plan that is tailored to his or her needs at that particular time. Estate planning needs to be revisited often and updated to fit the changing needs of the particular person. You have probably heard that if you don’t have a will, the state of Texas will decide what happens to your property. This is true. It has already been decided by the Texas legislature and set in stone in the Texas Estates Code. The Estates Code describes what will happen to both separate and community property. When you are married, all property is presumed to be community property unless you can prove that you had the property prior to marriage, acquired the property by gift or inheritance, or sometimes, by a settlement in a personal injury lawsuit. With that in mind, here are the different scenarios, sometimes very complex, that can take place when you pass: 1. If you are married with children: a. Separate personal property: i. 1/3 to your spouse; and ii. 2/3 divided equally among your children. b. Separate real property: i. Children take all equally; but ii. Subject to a third life estate of the spouse. c. If you are still married to the other parent of all of your children, then all of your community property goes to your spouse. d. If you are married to someone not the parent of all of your children, then all of your children will take your share of the community property.
2. If you are married with no children: a. Separate personal property will go to your surviving spouse. b. Separate real property: i. If both your parents are alive:
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• Each will take a quarter; and • Your spouse will take a half. ii. If only one of your parents is alive, but you have siblings: • Your parent will take one quarter • Your spouse will take one half, and • Your siblings will equally share one quarter. iii. If only one of your parents is alive and you have no siblings: • Your parent will take one half, and • Your spouse will take one half. iv. If you have no living parents, but you have siblings: • Your siblings will take one half, and • Your spouse will take one half. v. If you have no living parents and no living siblings, then your spouse will take all. c. Your spouse will take all of your community property. 3. If you are unmarried with no children: a. All of your property will be divided between your mother and father, if living; b. If only one is living, then ½ to the living parent and one half split among siblings; c. If only on parent is living and you have no siblings, all will go to the parent; and d. If neither parent is living, then all is split among your siblings. Even if one of the above scenarios is the way you would want your property to be handled, it is typically easier to have a will so that your beneficiaries are not required to go through the “intestate process.” This process can be arduous and expensive and requires the court to be closely involved. A simple will can bypass those difficulties. Estate planning encompasses many different documents. As a medical student, you may have only needed a medical power of attorney so that your mom or dad could make a decision concerning your health if you were ever unable to
do so yourself. As a married intern, you may need to add a will, durable power of attorney, and a “do not resuscitate” order. If you start your own business, you will need protection from liability and will want to select the correct business form. As you become more successful, your net worth might be getting close to the inheritance tax limits and it might be time to think about a family trust. And ultimately, there might come a time where you need to form a foundation to aid in distributing
your wealth to worthy causes, other than your children. It is often difficult to think about planning for a future that you might not be a part of, but your family will thank you for your forethought. Leaving a mess for your children to clean up is not the best answer. So, please, talk to an attorney to see what type of plan would be the best way to protect you and your family…And someone, please, show this article to my mother!
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Curington Elementary School Highlights School Resource Officer Michael Pease Officer Pease has served in law enforcement with Boerne Police Department for 13.5 years, but this is his first year to serve within the school district. Michael enjoys new challenges therefore, he applied to become a school resource officer. To his surprise, Mr. Pease was assigned to an elementary school. Again to his surprise, he really loves serving among the youngest students in Boerne ISD. Every day, Officer Pease greets students with a smile and gently guides and assists in the various areas of our school. At the beginning of the year, students were very curious about Officer Pease. They asked questions like, “Do you have a bullet-proof vest?” or “Do you carry a weapon?” Now you hear students asking typical “kid” questions: “Did you know that I lost a tooth today?” and “Did you know I have a dog?”
Students view Officer Pease as a safe and positive role model —someone to be admired. Officer Pease says that he looks forward to seeing the kids every day, receiving those tiny hugs and big, smiley greetings, and watching students grow and mature as they progress through school. We love having Officer Pease as part of our school family and are so thankful for his positive presence. JANU ARY 2020
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