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Recent Blog Posts

The Good and Bad of Texas Probate

 Posted on February 21, 2024 in Estate Planning

Denton County estate planning lawyerProbate in Texas is not always as complicated as it may seem. However, it is often made easier with the help of an attorney. In an ideal circumstance, the probate process will run quickly and efficiently. However, it can just as easily become a nightmare for the loved ones left behind. There are both pros and cons to the probate process that you will want to know about before tragedy strikes.

What is Probate?

Probate is the process of the Probate Court where a decedent’s assets are distributed. It is often administered through a will or the deceased who died intestate. The deceased’s assets are collected and used to pay for any remaining liabilities their estate may still have before being adequately distributed to other beneficiaries. All assets that cannot pass directly to beneficiaries must undergo probate.

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Can I Put a DNR in my Texas Living Will?

 Posted on February 06, 2024 in Estate Planning

Blog ImageA Do Not Resuscitate (DNR) order and a living will are two entirely different legal documents concerning medical care and directives. It is a good idea to understand the difference between them so that you can better decide on your health in the case of incapacitation. It may be beneficial to retain an attorney who can discuss both documents at length and help you decide which fits your needs best.

Do Not Resuscitate (DNR)

A DNR is an advanced directive order signed by a patient’s physician upon their request that does not allow them to be resuscitated if they suddenly stop breathing or go into cardiac arrest. Both the patient and physician need to sign the document and it should be kept in an easily locatable spot. This is to ensure it can be seen or found in the case of an emergency to allow a patient’s wishes to be met.

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The Challenges of Intestacy in Texas

 Posted on January 15, 2024 in Estate Planning

TX estate lawyerDying without a will in place to see your assets distributed according to your wishes can create additional complexities in the probate process. For one, Texas state law will have to distribute your assets as it deems fit which can cause unforeseen problems among family and friends. Do not presume that a surviving spouse will automatically inherit your left-behind assets or that your children will benefit. To truly understand the depth of the legal landscape involving intestacy will require a professional, such as an experienced estate planning lawyer, to peel back the layers and provide comprehensive insight.

Dying Intestate

Dying intestate simply means that there was no will left after a person’s death detailing their desires and wishes for their estate, how it should be distributed, and who it should be distributed to. When dying without a will, Texas intestacy laws determine the fate of the estate on behalf of the recently departed. The intestacy rules are predefined and follow distribution based on a predetermined hierarchy that is specific to each jurisdiction, such as Denton County.

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The Different Types of Trusts in Texas

 Posted on January 05, 2024 in Estate Planning

TX estate planning lawyerA trust is essential to ensuring your loved ones are well taken care of long after you have passed on. When thinking about establishing a trust in Texas, one must first understand the types of trusts that are available to them. You will also want to understand all of the responsibilities and rights as the creator of the trust, or grantor, that each type provides. An experienced Denton County, TX estate attorney can provide all of the information you need and more regarding trusts, wills, and all other aspects of estate planning.

Revocable and Irrevocable Living Trusts

Establishing a revocable living trust will allow the grantor access to his or her assets while they are still alive. In the event of the grantor’s death, the assets will pass over to the beneficiary and not require them to go through the probate process. A revocable trust can be dissolved if the grantor chooses to do so. This makes it different from that of an irrevocable trust which prohibits the grantor from dissolving the trust.

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Navigating Texas Probate: What You Need to Know

 Posted on December 27, 2023 in Estate Planning

TX estate lawyerAfter a person passes away, the individual’s estate often goes through the process of probate. If a person created a will before passing, then the court will appoint the person named in the will as executor of the estate. If a person passes without a will, then the Texas laws of intestacy will determine how assets are distributed

The probate process is complicated, but getting the best representation should not be. If you are in the process of probating your family member’s estate, do not hesitate to contact a Flower Mound probate administration attorney

What is Probate?

Probate is the process of naming someone to handle an estate and distributing assets to beneficiaries. The executor is either named in the will or appointed by the court (if the deceased died without a will). Probate will follow the terms that are specified in the will. If the deceased did not execute a will, then assets will be distributed based on the laws of intestacy (more on this later)

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Components of a Comprehensive Estate Plan

 Posted on December 11, 2023 in Estate Planning

Denton County Estate Planning Attorney

Planning who will receive your assets and property upon your death is just one aspect of estate planning. Estate planning also involves deciding who will handle your finances and make medical decisions in the event that you are incapacitated.

A comprehensive estate plan will comprise several legal documents, along with beneficiary designations for certain accounts. This complex process is best handled by a Flower Mound estate planning attorney.

Last Will & Testament

Perhaps the most important document in a comprehensive estate plan, your will designates who will receive your assets and property when you die.

If your estate is probated, this legal document will tell the court who you want to be in charge of your estate (i.e., executor) and which beneficiaries will receive your assets. It also allows you to name a guardian to care for your children if they are still minors when you pass.

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Identifying Financial Elder Abuse

 Posted on November 29, 2023 in Elder Law

Flower Mound Elder Law Attorney

Financial elder abuse occurs whenever someone uses your money for financial exploitation. The extensive baby boomer population is now seniors, with an estimated 10,000 people turning 65 years old each day.

The abuser might be a caregiver, neighbor, family friend, or family member. No matter who is committing the abuse, financial elder abuse is becoming a serious issue in the United States, and the aging population is at a high risk of being victimized.

If you have reason to believe that you or a family member are a victim of elder abuse, speak with a Flower Mound elder law attorney today.

What is Financial Abuse?

Financial abuse can happen to anyone, but it is especially devastating when it happens to an elderly person. Financial abuse can take any of the following forms:

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Do You Need a Lawyer for Probate?

 Posted on November 10, 2023 in Estate Planning

Denton County Estate Lawyer

Probate is the formal legal process of validating a will in court and appointing a designated person to manage an estate and distribute assets to beneficiaries. 

While you are not required to hire an attorney, the process affords no room for error. If you make a mistake, the probate process could be prolonged, stripping you of your time and money.

If you need to probate an estate, you will need the services of a Denton County probate and estate administration attorney.

How Does the Probate Process Work?

Probating a will is required if the decedent holds any assets in his or her name alone. While there are situations in which you can avoid probate, many times, assets do need to move through probate. If an estate needs to be probated, the will does not go into effect until the process is completed.

The probate process begins when the executor (appointed by the deceased in the will) files an application with the court. After you file an application, interested persons will be notified that the will is up for probate. These interested persons may be heirs, beneficiaries, or anyone related to the deceased. These interested parties are notified of the probate hearing, including the date, time, and location. 

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When is it Time to Update Your Estate Plan?

 Posted on October 26, 2023 in Estate Planning

TX estate lawyerWhen most people consider estate planning, they might think about a last will and testament or trust so that upon their death, beneficiaries will be guaranteed assets.

Estate planning is much more than the distribution of assets, and even after a complete estate plan has been effectuated, there will come a time to update your current estate plan.

Below, our Flower Mound estate planning attorney discusses the components of a complete estate plan and three reasons to update your current estate plan. 

Components of a Complete Estate Plan

Estate planning involves distributing the greatest amount of assets to beneficiaries while minimizing taxes. An important aspect of any estate plan is protecting assets during the testator’s lifetime.

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3 Ways to Transfer Assets Outside of Probate

 Posted on October 12, 2023 in Estate Planning

TX estate planning lawyerWhile comprehensive estate planning can achieve several important goals, one of the most important is ensuring that your assets go where you want them to after you pass away. Additionally, a well-crafted estate plan will transfer those assets in the most efficient way possible, saving your estate and your beneficiaries time and money.

When you pass away in Texas with or without a will, your assets will need to go through a process called probate, where a court oversees the way it is handled. In many cases, this process is expensive and time-consuming, often involving attorneys, appraisers, accountants, and court fees. Fortunately, an experienced Flower Mound estate planning lawyer can often find ways to transfer your assets outside of probate.

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