Preserving Your Estate for a Secure Future for Yourself and Future Generations
We are passionate about you having a Will and other pre-death documents that will make things easier for your loved ones either at your death or before. The cost for preparing these documents, both monetarily and time, is significantly less than most people expect.
Estate planning is an effective way to ensure your assets are protected now, and when it is time for them to pass on to your loved ones. Whether you are just starting the estate planning process, or you need to have your existing plan reviewed, we will be there for you. There are many legal tools and concepts that are used in estate planning. The following are just some of them that everyone should be aware of.
Powers of Attorney
There are many times in life when you may want to let someone else help take care of important legal and financial decisions because they can become too complex. A power of attorney identifies a trusted individual to give them permission to make these types of decisions on your behalf.
Durable Powers of Attorney
If you should become disabled in such a way that you are unable to make your own legal decisions, identifying someone who will act on your behalf is very important. A durable power of attorney is a legal document that identifies who will represent you in this type of situation. Choosing someone to give durable power of attorney while you are still healthy and of sound mind can help ensure you are ready should something unexpected occur. Importantly, if you have a Durable Power of Attorney before the need arises, you will avoid the expense and burdensome court involvement of a guardianship.
Medical Powers of Attorney
Granting someone medical power of attorney gives them the legal authority to make medical decisions on your behalf if you are unable to do so. If you should become injured or have a serious condition, the individual identified will be able to decide what types of treatment you receive, and make any other related decisions. Choosing someone who knows what you would want, and is willing to make potentially difficult decisions, can help ensure you are getting the exact level of care you desire.
Guardianships
If you have children, it is critical that you think about their future. If you should become incapacitated or pass away, who will take care of them? Identifying someone to become a guardian in these situations is critical.
If you don’t have a Durable Power of Attorney or a Medical Power of Attorney in place, and you become unable to make decisions on behalf of your child, then a guardianship is what will decide the care of your children. The person who is appointed as guardian will have the legal right and responsibility to step in on your behalf. We can help you set up all the legal documents necessary to ensure your child is properly cared for should you be unable to for any reason.
We also assist parents to become the legal guardian of their adult children with disabilities so that they can continue to provide the care they need and make decisions on their behalf, as needed. These are unique situations that require precisely written documents to ensure you are able to help your adult children today, and long into the future.
Directives to Physicians
A directive to physicians is a document that can be given to treating physicians which identifies the type of treatment you want to receive (or not receive) in various possible medical situations. This can be a very in-depth document that covers numerous specific situations and provides instructions regarding what care you want to receive.
Trusts
Trusts are one of the most common estate planning tools available today. There are many different types of trusts, all designed to provide solutions for different situations. You can place certain assets in trusts so that they are not legally in your name. This allows you to direct what happens to assets, even after you are gone. Trusts can also have some very significant tax benefits when you have an estate that would be subject to federal estate taxation.
Wills
Every adult should have a will. Wills are the most basic estate planning document, and in many cases can be created in just one meeting with an attorney. A properly written will identifies what you want to happen to your assets, your children, and other things when you die. We pride ourselves on making the process of planning and executing your will as easy as possible.
Probate
When someone passes away, their estate must usually go through a court process called probate. In Texas, an estate that includes a will is usually probated with minimal court involvement. When there is not a will, the process requires some additional steps, but it is not nearly as bad as many people think. Texas has one of the best and easiest probate courts in the country, so going through it is typically a simple process when you have an experienced attorney by your side.
Sometimes, an estate can be handled and distributed without the probate process being necessary at all. We can help determine what steps are required, and lead you through whichever plan is best in an effort to make the difficult passing of a loved one as streamlined as possible.
We are Here to Help
No matter how large or small your estate currently is, we can help ensure your estate planning is taken care of based on your specific needs. We have years of experience helping our clients prepare for the future, and will take every necessary step to ensure your estate is protected so all the assets your hard work built over the years will be there for you and your loved ones when you need it. We have answered some of the most common Texas estate planning and probate questions our clients have asked us, so please visit our FAQ page for more information, and contact us to set up a free consultation so we can begin discussing your estate planning needs, and get this important process started.
