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Estate Planning and Probate, Done Right.

Compassionate and Knowledgeable Guidance

ESTATE PLANNING

No matter your age or the size of your estate, it is important to have a current estate plan made up of the following documents:

Will and/or Living Trust
Statutory Durable Power of Attorney
Medical Power of Attorney
HIPAA Authorization
Declaration of Guardian
Advanced Directive/Living Will

A comprehensive estate plan also considers non-probate assets, such as financial accounts with beneficiary designations, retirement accounts, and life insurance policies. Beneficiary designations are specific designations you make on your financial accounts regarding who you would like to inherit those assets upon your death. It is important to thoroughly review your beneficiary designations to make sure they coincide with your estate plan.

Laura will walk you through every step of the estate planning process: from a thorough evaluation of your needs and planning options, to overseeing the effective execution of your documents.

PROBATE

ESTATE PLANNING

If your loved one has died, it is likely that something will need to be done to transfer ownership of their "estate." Many times, that something is probate. Probate is the process of transferring ownership of a deceased individual's property.

Probate is often necessary to satisfy a deceased person's debts and obligations, collect and consolidate their assets, and finalize the transfer of their property. In addition to the formal probate process, Texas law provides for additional procedures designed to provide for the transfer of property after death under specific circumstances.

If your loved one has died, it is important to contact an attorney familiar with probate and estate administration who can evaluate your situation and guide you through the probate process effectively and efficiently.

GUARDIANSHIP

ESTATE PLANNING

GUARDIANSHIP

If your loved one suffers from incapacity and is no longer able to care for themselves and/or their finances, a guardianship may be necessary.

WHAT IS GUARDIANSHIP:

A guardianship is a court-created relationship between a person who needs help and the person appointed by the court to provide that help. Some individuals need a guardianship for their entire adult life - either because of a developmental disability or traumatic brain injury. Other individuals may begin to lose the ability to care for themselves in advanced age due to degenerative conditions, such as dementia and Alzheimer's disease.

Guardianship is not quick, easy, or painless; but, sometimes guardianship is necessary. Having an experienced attorney on your side can relieve some of the stress, so you can put your focus back on caring for your loved one.

Estate Planning FAQ's

What Happens if I Die Without a Will?

Dying without a will could set your loved ones up for undesired results and unexpected costs and delays. Executing your will allows you to make the following decisions ahead of time:

Decide who will inherit your property;
Designate a guardian for your minor children;
Appoint your Executor - the person who will administer your estate after your death;
Establish a Supplemental Needs Trust for a disabled beneficiary.

If you die without a valid will, the State of Texas will make these decisions for you. Having a valid will in place is particularly important if you are part of a blended family, if you are the parent of minor children, or if you have a disabled spouse and/or child.

These are important decisions and they can have real consequences for your loved ones. Why let someone else make them for you?

Can I Draft my own Will?

Sure, you can draft your own will. But, that doesn't mean that you should.

Texas has specific laws for how Wills must be signed in order to be valid. If your Will has not been executed in accordance with the formalities of the State of Texas, you run the risk that your loved ones will have to spend additional time and money trying to get it admitted to probate.

The same is true if your Will does not provide for the complete transfer of all your assets, or fails to provide for an independent administration. Instead of a simple proceeding to admit your Will to probate, your loved ones could find themselves jumping through additional hoops with the court, and paying for it with their time and money.

You want every part of your estate plan to work as intended, so that upon your death, your property passes according to your wishes without unnecessary expense or delay. Drafting your Will yourself might save you time and money in the short term, but you could set your loved ones up to pay for it after your death.

I Already Have a Will. Am I Finished?

No. In addition to a Will, the following documents are designed to ensure you have trusted decision-makers in place to assist you during your lifetime, and make up an important part of a well-designed estate plan:

Statutory Durable Power of Attorney

This document allows you to appoint a designated agent to handle your financial affairs on your behalf.

Medical Power of Attorney

This document allows you to appoint a designated agent to make health care decisions on your behalf in the event you are unable to make them for yourself.

HIPAA Authorization

This document authorizes your healthcare providers to share your protected health information with the individuals you pre-designate.

Advanced Directive/Living Will

This document instructs physicians and hospitals what action to take if you are suffering from a terminal or irreversible condition.
This document should be executed before the onset of illness or incapacity.

Declaration of Guardian

This document enables you to designate the individual(s) you would trust to serve as your court-appointed guardians in the event you became incapacitated and in need of a guardian.
This document also permits you to designate who you would not want to serve as your court-appointed guardian.

Revocable Living Trust

A Revocable Living Trust is an estate planning tool that you create and manage during your lifetime. Upon your death, the assets in the Trust then distributed to your designated individuals, in the manner you desire, without the need for probate.
If you own real property outside the State of Texas, you have minor children, or you are particularly concerned about privacy, a Revocable Living Trust may be right for you.