Wills, Powers of Attorney and related documents

It is our goal to help you through the process of planning your estate and implementing it with the least amount of stress and for a reasonable fee. We do this by first guaranteeing there will be no legal fee to begin the process by meeting with or talking with us. To get started, contact us to discuss your particular situation and how you want to proceed. From there, you will learn that we can efficiently and quickly prepare  for you a valid will accurately expressing your individual desires and wishes concerning the disposition of your property in the event of your death, and insure that you properly sign you will with our notary and our qualified witnesses, all at very competitive pricing. This initial consultation will be free of charge because we understand that many of you have a fear of what this process will cost. This can lead to procrastination and ultimately a failure to take action before it is too late.

We have seen clients delay too much, resulting in burdening their family with unwanted outcomes and unnecessary expenses. Though you may not enjoy planning for your own death, you are to be congratulated, because you are reading this right now.  We make it easy as possible to get professional advice from the beginning without the risk of a surprise invoice. You will owe us nothing unless and until we both agree in writing to what you want and what it will cost. Flat fees are available in certain circumstances. Please give us a call whenever you are ready. 

For your convenience and for our efficiencies, we have a confidential online portal to provide us with your details. This cuts way down on meetings, phone calls, and the frustration of collecting the same data more than once. With your information input by you one  time, in digital form, we can produce your individual will, tailored to express your individual intentions, as quickly and as accurately as possible. 

Our system, because it is online, permits you to supply us relevant information one time only, from wherever you are and whenever you are able. You can be located at home, at your workplace, in our office, in a hospital, or even while on vacation across the world. All you need is internet access, a smart phone, tablet or a computer, an email address, and the willingness and ability to complete the input process accurately. We are available to answer any questions you may have along the way. 

About do-it-yourself wills

Bad outcomes can occur with do-it-yourself wills if worded incorrectly or if improperly executed. If you choose to write your own will from whatever source, be aware you might unknowingly create a problem. We have seen plenty of these, usually after a death has occurred when it is impossible to correct the error. As a public service, we are happy to review your will with you before it is signed, and provide you with our opinion. If you choose to go forward with your own will, we can supply an attorney to conduct the will execution with qualified witnesses and the notary necessary for a valid will. Even if you have already signed your will, this does not mean it cannot be corrected. A new will revokes the prior will. Let us take a look at what you have if you want to be sure.

About additional documents 

We will also discuss with you other documents that you probably will want and need. These include a living will (also known as a directive to physicians or an advance directive), a healthcare (medical) power of attorney, a financial power of attorney, and a document giving written permission from you to your current and future health care providers so that they may freely discuss your medical situation with whomever you may designate without fear of violating the laws protecting your confidential medical information. You can also designate guardians of minor children, if necessary. These documents take effect immediately, while you are alive and well. Later, when you are not able to act for yourself, your family and doctors will be glad you had the foresight.

The Medical Power of Attorney, sometimes referred to as a healthcare power of attorney, is your statement to a trusted family member or friend empowering him or her to make important medical decisions on your behalf if you yourself are unable to do so, such as whether to undergo a risky life-saving surgical decision made while you are still on the operating table. The directive to physicians, also known as a living will or an advance directive, is your statement to your doctors about the same subject matter, including what artificial measures you may or may not want to extend your life under certain terminal conditions.

A HIPAA release gives your doctor(s) permission to discuss your medical condition with those you select.

A Durable Power of Attorney (a financial power of attorney) provides during your lifetime (unless revoked by you) power to whomever you select to essentially “stand in your shoes” when you need them to. This power of attorney permits the holder to act as if they are you in the flesh, so long as you are alive. This Durable Power of Attorney is financial in nature. It expires at the moment of your death. Once death occurs, only the person who can act for you is the executor you named in your will once the will is admitted to probate and your executor is appointed. If you have no will, an administrator is appointed by the probate judge unless there is no need.

It is worth mentioning that wills can be changed at any time. This can be done by what is known as a codicil to a will, which amends an existing will, or by replacing your current old will with a new will in its entirety.  Circumstances change. Children grow up. Existing estate plans and wills should be reviewed periodically to make sure they still accomplish your goals. 

We have the ability to draw estate planning documents without you having to pay the high cost of a board certified estate planning lawyer or a trust lawyer. There are rare circumstances where such expertise should be utilized, such as those with real and personal property worth many millions of dollars. We will advise you when we believe it best for you to consult with such an estate planning attorney. 

About Probate 

We also provide probate services and advise executors, administrators, beneficiaries, and trustees along the way. When someone dies without a will, it is said by probate attorneys that they are intestate decedents. When there is a will, the decedent is testate. There are a number of options available to settle an estate of someone who died with or without executing a valid will. If there is no will, or the will fails to name an executor, the technical name of the personal representative is the administrator. An executor is named in the will by you. 

Sometimes, with or without a will, nothing formal needs be done in the probate court if there are only assets which do not require a title transfer and everyone is in agreement. In most cases, something needs to be done in the probate court, such as when there is a home involved. Different procedures are available for different circumstances specific to the case. We will help you decide which is the best way to proceed.

Probate with a Will

A probate must be opened in the probate court in order for an administrator or an executor to be appointed to represent you after death. The job of this personal representative is to identify and collect the assets of the estate, including any legal claims you may have, to pay funeral, last illness and other expenses, to settle any disputed claims, and lastly to distribute your property in accordance with your intentions as expressed in your will. 

Probate without a Will

The duty of a personal representative of the estate of a person without a will is much the same. However, because there is no will, the court must determine your legal heirs. This preliminary matter is called an heirship determination, and is an additional cost which a well-written will avoids. Furthermore, court oversight and an expensive surety bond is required if the heirs cannot agree among themselves.

This is good place to mention that when there is no will, Texas law supplies the answer to who gets what and when. You might be surprised to find out that in Texas, if a spouse has children from a prior relationship, owns a home, then later marries and dies without a will, the children from the prior relationship inherit the deceased parent’s home together with any children from the existing marriage. Usually, this is not what the deceased spouse intended to occur. This is not to say that the surviving spouse can be evicted or that the home can be ordered sold. So long as the surviving spouse stays in the home and pays the taxes, maintains the home, and pays any mortgage, he or she can stay there for the rest of their life. Generally speaking, however, an heirship determination together with a probate administration overseen by the probate judge is required to pass title to the heirs of a person dying without a will. Sometimes, a small affidavit will get the job done without these more expensive procedures. We can help you figure out the best way to go and get it done.