Probate is the process of transferring ownership of property of a loved one after they have passed away. The Texas probate process is efficient and comparatively inexpensive compared with the process in some states, especially with a knowledgeable probate attorney there to guide you.

Intestate Estates – An “Intestate estate” is simply where someone dies without a valid will. There are several options families may consider when faced with this situation. Contact us for a free consultation and let us help you through this difficult time.

Will Probate – Probating a will is not difficult in Texas. However, making sure that everything is done correctly is important to ensure that the process is completed without undue delay or expense.

Guardianships – if you have an incapacitate loved one, you may need to consider a guardianship. A guardianship attorney can help you determine whether a guardianship is truly necessary, whether you are eligible to become a guardian, prepare the necessary documentation, and apply for the guardianship with the probate court.

Avoiding Probate – Commonly, people are bombarded with the idea that they need to avoid probate at all costs. There are ways to reduce the chances that probate becomes necessary but a guarantee on avoiding it does not exist.

For example, a Revocable Living Trust, Payable on death or rights of survivorship accounts, and Lady Bird deeds can help reduce the odds that formal probate is necessary.

Estate Planning is not just for the wealthy. “Estate Planning” is a term that is frequently misinterpreted. The term really just means that you have made preparations for life’s uncertainties – both during and after your lifetime.

Documents to consider in any estate plan include:

Last Will and Testament – Generally speaking, Wills name beneficiaries, name the executor, set out the beneficiaries of the estate property, set up trusts, and name guardians for minor children. Most importantly, a will sets out to whom you want your property to be distributed after you are gone. If you do not leave a valid will behind, you lose all control over how your property is divided among your loved ones.

Having a valid will is crucial to a smooth probate process. It is not a good idea to rely on a website to provide you with a valid Texas will.

Trusts – A Living Trust is a trust created during your lifetime. Once created, the trust has a trustee that manages the trust assets. This is commonly called a “Revocable Living Trust” and can be revoked or amended at any time during your lifetime.

A Trust is not a substitute for a will. Rather, a trust can work in conjunction with a will. A qualified estate planning attorney can help you determine whether a trust is truly in your best interests.

General Power of Attorney – A durable general power of attorney grants authority to someone you trust to conduct financial, real estate, and/or legal transactions on your behalf whether you are incapacitated or simply unavailable.

Medical Power of Attorney – With a Texas Medical Power of attorney, you can designate someone, such as your spouse or some other loved one, to make medical decisions on your behalf if you become unable in the future.

HIPAA Release – Hospitals are not allowed to share your medical records with anyone absent your consent. If you want a loved one to have access to your medical files, you need to give the health care provider authorization to share your file with others.

Declaration of Guardian – A Declaration of Guardian designates who you would prefer to be your guardian should you become incapacitated and unable to care for yourself anymore.

Advance Directive (Living Will) – Advance directives are legal documents that allow you to communicate your preferences regarding end-of-life care ahead of time. Specifically, this document states your preferences regarding the use of life support. This is not a Do Not Resuscitate.

Generally speaking, Wills name beneficiaries, name the executor, set out the beneficiaries of the estate property, set up trusts, and name guardians for minor children. Most importantly, a will sets out to whom you want your property to be distributed after you are gone. If you do not leave a valid will behind, you lose all control over how your property is divided among your loved ones.

Having a valid will is crucial to a smooth probate process. It is not a good idea to rely on a website to provide you with a valid Texas will.

Trusts – A Living Trust is a trust created during your lifetime. Once created, the trust has a trustee that manages the trust assets. This is commonly called a “Revocable Living Trust” and can be revoked or amended at any time during your lifetime.

A Trust is not a substitute for a will. Rather, a trust can work in conjunction with a will. A qualified estate planning attorney can help you determine whether a trust is truly in your best interests.

General Power of Attorney – A durable general power of attorney grants authority to someone you trust to conduct financial, real estate, and/or legal transactions on your behalf whether you are incapacitated or simply unavailable.

Medical Power of Attorney – With a Texas Medical Power of attorney, you can designate someone, such as your spouse or some other loved one, to make medical decisions on your behalf if you become unable in the future.

HIPAA Release – Hospitals are not allowed to share your medical records with anyone absent your consent. If you want a loved one to have access to your medical files, you need to give the health care provider authorization to share your file with others.

Declaration of Guardian – A Declaration of Guardian designates who you would prefer to be your guardian should you become incapacitated and unable to care for yourself anymore.

Advance Directive (Living Will) – Advance directives are legal documents that allow you to communicate your preferences regarding end-of-life care ahead of time. Specifically, this document states your preferences regarding the use of life support. This is not a Do Not Resuscitate.

If you are buying, selling, or simply transferring real property, Peter Hall is associated with a title company and can handle large or small real estate closing transactions. If you do not need the full services of a title company, we can also prepare simple deeds, loan agreements, real estate security documents, or just about anything else you might need. Frequently, we can draft documents on a fixed rate basis. Let us know how we can help you.

We can help you select the best structure for your business and offer quick turnaround on formation packages. We provide you with everything you need to get a successful start to your business so you can concentrate on running your business, not chasing paperwork. We will meet with you face-to-face, and then take care of the details such as state filings, fully customized internal operating documents, federal tax IDs. After formation, we will help you understand how those documents guide your business going forward.