Estate Planning

Estate Planning Attorney

Estate planning is an integral part of ensuring assets are protected, healthcare and financial decisions are made in advance, and guardianship wishes are documented.

If you’re interested in learning more about estate planning, please schedule a consultation with our office to see how we can assist you.

 Estate planning documents include the following, but are not limited to:

• Will
• Power of Attorneys
• Transfer on Death Deed
• Revocable and/or Irrevocable Trusts

What is a Last Will and Testament?

Generally, a is a document that allows a person (i.e., testator) to identify in writing who will receive their assets, whether real and/or personal property, after that person’s death; to appoint someone to manage the decedent’s final affairs, generally through probate; and to determine whether the appointed person (i.e., executor) will serve without bond insurance and/or be compensated for serving as the executor.

Key Elements of a Will

• Distribution of Assets: The will allows an individual to decide who will receive their assets, such as real estate and personal property.
• Naming Executor/Alternate Executor: The will allows a person to designate an individual or multiple individuals that will manage the estate and wrap up the final affairs of the deceased.
• Guardianship of Minors: The will allows a person to designate an individual to serve as the legal guardian of their minor child, provide care for the minor child, and/or manage the estate of the minor child (in the event the both parents or legal guardians pass away).

Advantages of Having a Will

• Simplify Probate Process: A will should clearly lay out your wishes as it relates to your assets and guardianship decisions.
• Control Asset Distribution: By having a will, an individual decides what happens to their assets instead of state law deciding how their assets will be distributed under intestate distribution.
• Minimize Legal Challenges: By having a will, an individual can decrease challenges by individuals interested in the estate assets.

Other Estate Planning Documents

Statutory Durable Power of Attorney

In Texas, a person may execute a legal document that allows another person to manage one’s legal, financial, and/or real estate matters.

Medical Power of Attorney

In Texas, a person may designate another individual to make healthcare decisions on their behalf, in the event a doctor certifies in writing the person is unable to make healthcare decisions for themselves.

Authorization to Disclosure Protected Health Information

A person may consent to the release of their medical records via this document, allowing healthcare providers to release protected healthcare information to the person or agency specified in the form.

Medical Directive to Physicians (AKA Living Will)

In Texas, if a person is diagnosed with a terminal illness and/or irreversible condition, that person can express their wishes about their end-of-life treatment in the event that person is unable to communicate for themselves.

Transfer on Death Deed

In Texas, a person may execute a deed that allows for the transfer of their ownership interests in real estate after their passing to a specific individual(s) or entity.

Other Estate Documents

We can explore additional estate planning documents tailored to fit you and your family’s needs, ensuring your estate assets are protected and preserved.