Estate Planning & Probate

Whether you are planning for the future of your estate, planning for the care of an aging parent, lost a loved one and need the estate guided through the probate process, or are already involved in or anticipate a dispute over the validity of a will, power of attorney or the establishment of a guardianship, we have the Estate Planning and Probate knowledge and experience to help you with all your estate planning and probate needs.

We help clients in areas that include:

Estate Planning

Estate Planning is a term that is often times misunderstood. Estate Planning is not simply the drafting of a will but involves a comprehensive effort to examine the assets and liabilities of an individual, consider their desire for dividing assets at death and minimize the tax consequence.

In a typical year more than 70 percent of people die without leaving a will. This creates millions of difficult decisions and needless family quarrels and billions of dollars of avoidable inheritance taxes and probate expenses. Even the simplest estate planning can avoid many of these issues and can provide you with a sense of security and comfort that your wishes will be honored and the stress on your loved ones will be minimized.

We can assist you in creating a complete estate plan, which typically will include a will (which can incorporate the appointment of a guardian or guardians for your minor children), business power of attorney, medical power of attorney and a health care directive. If you are one of the many who have been putting off planning for the future, stop procrastinating and contact us today.

Wills

Most people are familiar with the concept of a will, and while most understand the need, many never take the time to consult an attorney to have one drafted. A properly drafted will names an executor, disposes of your estate and can appoint a guardian or guardians to care for your minor children. Your failure to leave a proper will often times lead to a much more complex and expensive probate process. The lack of a valid will can also lead to Texas law determining how your estate is divided and who raises your children, neither of which may be aligned with your wishes.

Having a properly executed will can provide peace of mind to not only you but also to your children, family members and beneficiaries who can be assured that your wishes will be respected and that any potential conflicts will be minimized.

Powers of Attorney

There are two basic types of powers of attorney. There is the business power of attorney that allows someone to manage your financial affairs and a medical power of attorney which authorizes someone to manage your health care decisions. Powers of attorneys can be drafted to take effect immediately or, in the vast majority of cases, to take effect upon your incapacitation.

Powers of attorney that take effect upon your incapacitation are generally referred to as “durable” powers of attorney because they remain valid even after you become incompetent or incapacitated. Virtually everyone needs a durable power of attorney to safeguard their assets during periods of incompetence or incapacity when you cannot manage your own affairs. This is a very important because without a durable power of attorney, a costly court proceeding for guardianship or conservatorship is probably inescapable.

In a power of attorney, you assign the power to make certain decisions to your “agent” or “attorney-in-fact.” Your attorney-in-fact does not have to be a lawyer, but it should be someone you trust a great deal. You may revoke a power of attorney at any time (as long as you are competent). If you do not revoke it, your power of attorney ends upon your death.

Health Care Directives & Living Wills

A Health Care Directive, or as it is commonly referred a Living Will, allows you to make your wishes clear as to what, if any, types of life-sustaining treatment you wish to receive in the event you find yourself in an irreversible coma, persistent vegetative state, or with a terminal condition.

Your Health Care Directive or Living Will guides your loved ones during difficult times. Without your guidance, there may be disagreement among your family members as to “who is in charge,” or “what treatment you would want” and the only way to avoid this difficult situation is through the process of executing a Health Care Directive before the need arises.

Probate

The events surrounding the death of a loved one can be emotional and difficult times. Unfortunately, these times in a family can be further complicated by disagreements, which can often times lead to probate litigation.

The probate process can take many forms from a simple uncontested will probate to will contests, disputes over the person(s) to serve as executor/administrator, attempts to remove an executor and suits to compel distribution of the estate. Our firm handles all types of probate proceedings, and we can assist you through the process.