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Recent Blog Posts
What Is Incapacity Planning and Why Is It Important?
Planning for the possibility that you may one day lose the capacity to make medical and financial choices for yourself is a very wise thing to do. It can be an emotionally charged topic - facing the likelihood that you will experience incapacity in your lifetime can be difficult. However, there are actions you can take right now that will allow you to retain a measure of control should that day come. The time to make decisions about your later-in-life care is now, while you have the capacity to do so. An estate planning attorney can help you prepare a series of documents, such as a living will, that make your wishes known.
Why is Incapacity Planning Important?
Failing to plan for incapacity can leave a lot to chance. If you do not have a thorough plan in place, the court may need to appoint a guardian for you. There is no guarantee that the court, your guardian, your doctors, and others involved in your care will know and respect your wishes.
Is There a Way to Avoid Probate in Texas?
For many people, probate is a dreaded process. It can be extremely complicated and flush with legal technicalities, deadlines, and mandated procedures that must be followed in the right order. If the difficulty of the probate process is not enough of a deterrent, the expense should be. Probate courts can also charge fees that many feel are exorbitant, and the process may leave your estate exposed to hefty tax burdens. It can also take months to years before a single beneficiary actually receives anything out of the estate. The reasons probate might be undesirable are plentiful. Fortunately, with the skill of an experienced estate planning attorney, there are ways to keep most or all of your assets out of probate.
When Does an Estate Need to Pass Through Probate?
For a long time, a will was the main way that people passed on their assets after death. This is rapidly changing. All transfers of property done by a will must pass through the probate process. So, if you use a will as your sole testamentary document, your entire estate will need to go through probate. Any property that is controlled by a will is subject to probate - which is why many are turning to trusts as an alternative.
14603 Huebner Rd., Bldg. 32, San Antonio, TX 78230
210-535-0870
