When it comes to estate planning, there are a lot of forms that need to be filled out. And if you’re not an attorney, you may be wondering if filling in these forms is the practice of law in Texas. In this blog post, we’ll take a closer look at the issue of filling in blank will and estate planning forms in Texas. We’ll discuss what the practice of law entails and how to avoid any potential pitfalls.
What is the Practice of Law?
The practice of law is the application of legal principles and knowledge to solve problems or achieve desired results. Lawyers use their analytical and problem-solving skills to advise clients, draft documents, represent clients in court, and negotiate on behalf of their clients.
There is no one-size-fits-all definition of the practice of law. Each jurisdiction has its own rules governing the professional conduct of lawyers. In some jurisdictions, the practice of law includes appearing in court on behalf of clients; in others, it does not. Some jurisdictions allow non-lawyers to provide certain legal services, such as preparing simple wills or handling real estate transactions; other jurisdictions require that all such services be provided by licensed lawyers.
What are Will and Estate Planning Forms?
When it comes to will and estate planning, there are many different forms that you may need to fill out. In Texas, the most common form is the Last Will and Testament. This document outlines your wishes for how your property should be distributed after your death. Other common forms include Power of Attorney, which names someone to make financial decisions on your behalf if you become incapacitated; Healthcare Power of Attorney, which designates someone to make healthcare decisions for you if you are unable to do so yourself; and Living Will, which states your preferences for medical treatment in the event that you are terminally ill or in a vegetative state.
While filling out these forms may seem like a simple task, it is important to note that they can have legal implications. Therefore, it is always best to consult with an attorney before proceeding.
The Process of Filling In Blank Will and Estate Planning Forms
There are a few key steps you’ll need to take when filling in your will and estate planning forms. First, you’ll need to gather all the relevant information about your assets and debts. This will include things like your bank account balances, investment portfolio, real estate holdings, and any outstanding loans or debts.
Next, you’ll need to determine how you want your assets to be distributed after your death. This is where you’ll need to think about who will inherit what and in what proportion. You’ll also need to decide on things like whether or not you want to establish a trust, who will manage your estate after your death, and what sort of funeral arrangements you’d like.
Once you have all this information gathered, you can begin filling in the actual forms. Most of these forms are relatively straightforward and self-explanatory. However, if you have any questions or unsure about anything, it’s important to seek out the advice of an experienced attorney who can help guide you through the process.
Texas Case Law
Yes, filling in blank will and estate planning forms is the practice of law in Texas. The Texas Supreme Court has held that “the practice of law is the performance of any service requiring the use of legal knowledge or skills, whether or not performed in a court.” In re Certain Funds & Accounts, 917 S.W.2d 769, 771 (Tex. 1996).
This includes the preparation of wills, trusts, and other estate planning documents. The court has also held that the unauthorized practice of law includes the preparation of these documents for someone else. In re Swallowing, 924 S.W.2d 831 (Tex. 1996). Therefore, if you are not a licensed attorney in Texas, you cannot prepare these documents for someone else. You can only prepare them for yourself.
Palmer v. Unauthorized Practice Comm. of the State Bar
438 SW.2d 374, 376 (Tex. Civ. App. Houston [14th Dist.] 1969, no writ)
Facts & Procedural History
The State Bar of Texas and Houston Bar Association (Plaintiffs) filed a lawsuit against Bill Palmer and his business, the National Will Forms and National Will Form Company (collectively, Defendants) for the unauthorized practice of law. Plaintiffs sought an injunction from the District Court that would prevent Defendants from advertising and selling their wills and will forms without the assistance of licensed attorneys. The District Court granted Plaintiffs’ injunction, and Defendants appealed. Defendants argued that: (1) their actions were not the unauthorized practice of law; (2) that the temporary injunction was unconstitutional; (3) that the District Court lacked jurisdiction; (4) that the injunction was improper because an adequate remedy at law was shown; and (5) Plaintiffs had unclean hands.
The Court of Appeals affirmed the judgment of the District Court. The Court stated that the drafting and execution of wills (even will forms) was the practice of law, and that the level of expertise required here could not be provided by an unlicensed and untrained individual. Since the states have a duty to protect the public’s interest by ensuring the promotion of public safety and welfare, it was reasonable for them to require individuals providing legal services to be licensed. The Court also held that the trial court had jurisdiction to enter the decree and that it properly did so. Plaintiffs did not violate a rule or principle of equity in this case, and an injunction was the only adequate remedy available here.
The Takeaway
Palmer v. Unauthorized Practice Comm. of the State Bar shows that the advertisement and public sale of will forms, even those containing blank sections intended to be completed by the holder, will be considered the practice of law.
Conclusion
In Texas, the practice of law includes the filling out of blanks in wills and estate planning documents as well as providing advice on these matters. As such, it’s important to seek out the advice of a qualified attorney when engaging in this process. If you are considering taking on this task yourself, it is important to understand the potential risks involved. Without the help of a qualified attorney, you could easily make a mistake that could have serious consequences for your loved ones down the road. In the end, only you can decide whether the risk is worth it or not.
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