Winn Beaudry & Winn
Newsletter from Winn, Beaudry & Winn, Attorneys at Law
Issue 11
October, 2014  
Ward Beaudry
G. Ward Beaudry 
Before You Say "Yes," Be Aware of Your Legal Responsibilities 


It can be flattering to have a family member or good friend request that you act as a trustee, executor of their will, healthcare proxy or even grant you their durable power of attorney. Before you blindly yield to flattery and say "yes," some serious conversations and fact-finding need to occur.

All of these titles bring with them some weighty obligations, duties and potential liabilities. While assuming those responsibilities can be necessary, honorable and worthwhile, you should enter into the agreements armed with knowledge and clarity.

For example, being named a health care proxy gives you the power and responsibility to make medical care decisions and possibly even end-of-life decisions.  Before you do so, here are a few guidelines:
  • Be able to say "no." While you want to help someone you care about, make sure you have the emotional strength to cope in such a taxing situation. If you know you can't, it might be best for all involved if you decline.
  • Talk it over. By definition, a "proxy" should make decisions based on the wishes explained in the legal documents establishing the proxy. Discuss religious and moral beliefs, and don't be afraid to ask the tough questions.
  • Get access to medical records. You should have a clear understanding of the loved one's condition and what treatment options are available. A HIPPA form should be included.
While not as emotionally charged as the health care proxy, other legal assignments such as Attorney-in-Fact under a Durable Power of Attorney, Trustee or Executor are accompanied by serious responsibilities. Before you assume the responsibility, you need to review the documents. There are obligations, duties and potential liabilities. The goal is to avoid problems upfront.

Please contact me if you have any questions or concerns. I am always happy to take your call.
 (888) 330-1467 or (214) 969-0001
or email at

Essential Estate Plan Documents 

Make life easier for those you leave behind with these essential documents. If you are missing any or they need updating, let's talk. 
Will Document 
The Time is Now to Get Your Estate Documents in Order
  • Last Will and Testament - Avoid court-controlled administration. Update as life changes occur. Don't forget your digital assets.
  • Revocable Living Trust - A tool to pass on assets. It might provide tax savings and creditor protection. It can also be an alternative to a prenuptial agreement and used to preclude Ancillary Administration to cover out of Texas real estate.
  • Power of Attorney - Assigns someone to act on your behalf, with respect to financial affairs, if you are unable.
  • Durable Health Care Power of Attorney - Enables someone to make medical decisions for you with guidance by you in advance.
  • Letter of Intent - For information or items not in your will. It might include wishes for your funeral.
  • List of Documents - Make it easy for your executor to find everything you have prepared. It should include user names, passwords and the contact information for those who have represented you with legal and financial services and advice.

5 Estate Planning  Don't image  

Mistakes to Avoid 

  1. Choose the wrong individuals to give your power of attorney, or as executors or trustees.
  2. Leaving your IRA to your Estate. This makes it subject to claims from creditors.
  3. Neglecting to Revise Beneficiaries. If life situations change, you need to update these.
  4. Foregoing a healthcare directive. Save your family from the guilt of guessing your wishes at a difficult time.
  5. Leaving a trust unfunded. Do this, and the creation of the trust was pointless.


  For assistance with any estate issues, please contact Mr. Beaudry at 214-969-0001 or by email at


G. Ward Beaudry, Esq.       
      View my profile on LinkedIn                                                


4200 Thanksgiving Tower
1601 Elm Street
Dallas, Texas 75201-7203

Telephone: 214-969-0001

This E-letter is intended to stimulate thought and discussion, and to provide you with some useful ideas and guidance in the areas of estate planning and business law. The materials and comments made herein do not constitute and should not be treated as legal advice regarding the use of any particular estate or business planning or other technique, device or suggestion or any of the tax or other consequences associated with them. Although we have made every effort to ensure the accurancy of this information, Winn, Beaudry & Winn does not assume any responsibility for any individual's reliance on the information presented in this document. Each reader should verify independently all statements made in this E-letter before applying them to a particular situation and should determine independently the tax and other consequences of using any particular device, technique or suggestion before recommending it to others. 


The information contained in this electronic message is legally privileged and confidential under applicable law and the information may be protected from disclosure under the Attorney-Client Privilege and/or the Attorney Work Product Privilege. This electronic message is intended only for the use of the individual(s) or entity named above. If the recipient of this message is not the above-named intended recipient, you are hereby notified that any dissemination, copy or disclosure of this communication is strictly prohibited and may carry criminal and/or civil penalties and civil liabilities for unauthorized disclosure, dissemination or copying. If you have received this communication in error, please notify Winn, Beaudry & Winn at (214) 969-0001 and purge the communication immediately from your computer system without making any copy or distribution.

Treasury Circular 230 Required Statements:


Tax practitioners authorized to practice before the Internal Revenue Service are subject to the requirements of "Circular 230" (31 CFR part 10), as published by the Treasury Department.  The Treasury Department has made significant changes to Circular 230, effective June 20, 2005, that affect the form and content of tax advice that we provide. In order to comply with these new changes, while minimizing the cost to our clients, we are including the following statements in all of our e-mail communications.  If you have any question about the statements, please do not hesitate to contact the sender.

1. Any tax advice contained in this e-mail (including any attachments) was not intended or written by the sender of this e-mail to be used, and cannot be used by the recipient or any other person, for the purpose of avoiding any Internal Revenue Code penalties that may be imposed on such person. 

2. Any tax advice contained in this e-mail (including any attachments) was not intended or written by the sender of this e-mail to be used or referred to, and cannot be used or referred to, in promoting, marketing, or recommending the transaction(s) or matter(s) addressed herein.

In This Issue
Be Careful Before Saying "Yes"
Essential Estate Documents
Estate Plan Mistakes to Avoid
Quick Links



Retirement Toolkit

  Tool Kit Image

Three federal agencies have created a Retirement Toolkit that includes a timeline for retirement planning milestones. It also includes a section on elder rights and fraud protection. Click here for your free copy.


Cycling for Leukemia, Multiple Sclerosis
Ward has committed to America's Most Beautiful Bike Ride, a 100-mile cycling event next June to raise money for the Leukemia & Lymphoma Society.  The event winds through the mountains surrounding Lake Tahoe.  Ward also will ride the MS150 locally on April 18-19 to raise funds to combat Multiple Sclerosis.
Lake Tahoe View 
Typical View on America's Most Beautiful Bike Ride.
Ward Honored as a Marquis Who's Who lawyer for 15th consecutive year.

Marquis logo

  This honor is on top of Ward's designation as a Top Rated Lawyer in Estates and Trusts by ALM Legal

Intelligence, and his top rating for the third consecutive year by Super Lawyers
Top Lawyer 2013

Among G. Ward Beaudry's qualifications

- Accredited by the U.S. Department of Veterans Affairs 
 - Member, National Academy of Elder Law Attorneys
 - Member, College of the State Bar of Texas 




Thanksgiving Tower 
Thanksgiving Tower