Practice Areas and Legal Definitions

Probate:

Probating a Will is the process of filing a deceased person's will with the Probate or County Court.  The Judge reviews the Will and if it is valid, it is then Admitted to Probate.  The legal effect of this process is to pass legal title of the deceased person's probate assets to the person(s) named in the Will. 

Although there are several types of Probate procedures available in Texas, you may be able to avoid Probating the Will altogether. 

The easiest way to determine if probate is necessary is for me to meet with you to review the facts and circumstances after a death and if alternative procedures to Probate are workable, this saves both time and money. 

Wills: 

Historically, most Texans have preferred having a Will to that of a Revocable Living Trust due to the overall simplicity of the Texas Probate process.  During the latter 1980's Revocable Living Trusts became more popular in the Texas Estate Plan process. 

Texas has had an efficient and streamlined probate procedure for many years which allows transfer of a deceased person's probate assets to the intended beneficiaries.  Although a Revocable Living Trust is touted by some as being "private" and "non-public," in real life this is just not the case--if you're working with a financial institution or insurance company, their staff will most likely want a copy of the Trust to review and there's no guarantee of privacy.  With a probated Will, Privacy of the deceased person's probate assets can be maintained in several ways.   I can discuss these options with you. 

If someone owns out-of-state real estate, a Revocable Living Trust may be quicker and more cost effective in transferring title to this property after the person's death than probating the Will in the other state. 

I can review your needs and suggest options which can be effective in your particular circumstances.

Will Contest Litigation:

Minimizing the chances of a Will contest by proper Will drafting and structuring how your assets pass (and to whom they pass)  after your death is one of our basic Estate Planning Goals.  I have been Certified as a Mediator since the mid-1990's.  However, if a Will dispute occurs, I associate an experienced trial lawyer for this service.

Trusts:

Revocable Living Trusts are part of our services, also.  I recommend using these in specific instances rather than just prepare a Trust and complimenting Will.  I review the family or individual circumstances with the Client to determine if a Trust is really necessary--Trusts generally have a lot of paperwork and one should review a Trust at least annually to be sure nothing has changed in the title ownership of assets.  Acquiring additional assets which have titles (car, stocks, bonds, annuities, etc.) in an individual's name and not in the name of the Trust, can lead to unintended results at death and undo a good Estate Plan.

Estate Planning:

Estate planning is one of the most important, basic things needed by adults to prevent or minimize costly court procedures if you become incapacitated or upon your death.  Remember the old saying "Where there's a Will, there's a Way"--this is not a hollow saying.  I review a client's family history, both past and present, and then prepare the Estate Plan to fit that person's needs, which is both timely and economical.

Planning most often includes a Will (which can include a ByPass Trust for future Estate Tax Savings) or Living Trust with a back-up (pourover) Will, both Medical and Durable Powers of Attorney, Directives to Physicians, HIPAA Privacy Statements and any other necessary documents to help avoid a Court Supervised Administration ( after a death where there's no Will) or Court Ordered Guardianship (if a person becomes incapacitated, either mentally or physically) as both procedures are time consuming and costly.

Guardianship:

Court Ordered Guardianship, as one Probate Judge once told me, is like "having a tiger by the tail."  Avoiding a court ordered guardianship is one of our primary goals in the Estate Plan.  Finishing the Estate Plan while you are still capable is most important.  Planning is usually under a person's individual control until an incapacity occurs--then, the person's options are greatly diminished.  It's important to recognize this and do the planning while you can.   

Estate Tax Returns:

For this year of 2010, Estate or Inheritance tax doesn't come into play and does not present any real issues since this is the ONE year there is NO ESTATE OR INHERITANCE TAX.  However, after this year, the Estate Tax changes, but mainly affecting those owning more than $1,000,000.00 in assets.  When I represent an Estate's Executor, I retain a C.P.A. who regularly prepares after death tax returns and I work with the Accountant closely until the return is accepted and a closing letter is issued by the I.R.S. 

Credit Card Concerns:

If there are credit card issues whereby someone is unable to repay the card balance in full, we can suggest some options that actually work to either reduce or eliminate the worries over these issues.  Please call us for an appointment to review this with you.