Serving Denton County Since 1992 | 6021 Morriss Rd., Suite 101, Flower Mound, TX, 75028
972-724-3338
Recent Blog Posts
Can I Disinherit a Family Member in My Texas Estate Plan?
Deciding who gets what after you pass away can be one of the most emotional and complicated parts of estate planning. Sometimes, that decision includes leaving someone out entirely. Whether it is due to strained relationships, financial responsibility, or deeply personal reasons, the choice to disinherit a family member must be handled carefully. By working with a Texas estate administration lawyer, you can ensure your intentions are clearly stated and legally upheld.
Is Disinheriting a Family Member Legal in Texas?
Texas law allows you to disinherit most family members if you clearly state your intentions in a valid will. Texas is a community property state, which means that spouses have some protected rights, but for the most part, you have the legal right to leave your property to anyone you choose.
Can You Contest a Will in Texas?
When a loved one passes away, his or her will should reflect his or her true wishes. However, in some cases, family members or heirs may believe the will is not valid. Maybe the will unexpectedly favors someone, leaves out close family members, or appears to have been created under suspicious circumstances. These types of disputes are emotionally and legally complex, but a Texas probate lawyer can help you take the right steps to protect your interests and ensure your loved one’s intentions are honored.
What Are the Legal Reasons for Contesting a Will in Texas?
Texas law allows people to contest a will if they have real grounds to believe it is invalid. According to Texas Estates Code § 256.204, a will may be challenged for several reasons, such as:
Three Reasons You May Need To Update Your Estate Plan
Estate plans are not set in stone. On average, major life events happen as often as every three years, and that can mean an estate planning revisit is in order. Everything from a change in relationship status to an increase in investments calls for reevaluation. An experienced Denton County, TX estate planning attorney will explain the nuances of Texas law that apply to your situation and help ensure your future and the futures of your family members are secure.
Changes in Your Relationships
Failing to update your beneficiaries after a change in marital status can cause significant complications later. For example, if you get married, you likely want to designate your new spouse as a beneficiary. Similarly, you may want to remove an ex-spouse from documentation following a divorce.
When a person dies without a will, Texas law typically distributes the estate to the surviving children or spouse. If you have a will with outdated beneficiaries, the wrong person may have the power to make medical decisions for you or may inherit assets you would prefer someone else receive.
End of Life Planning with a Terminal Illness
A terminal illness diagnosis is overwhelming, not just emotionally but also in terms of practical decision-making. While no one wants to think about the end of their own life, having a solid estate plan in place can provide peace of mind for both you and your loved ones.
Proper planning ensures that your assets are distributed according to your wishes, your medical preferences are honored, and your family is spared from unnecessary stress. At Colbert Law Group PLLC, our Texas estate planning lawyer helps our clients plan for these sensitive times with a compassionate and forthright approach.
Estate Planning for End-of-Life Considerations
One of the most crucial aspects of end-of-life planning is ensuring that your financial affairs are in order. This includes having essential legal documents in place to clarify your wishes and protect your loved ones from unnecessary legal hurdles.
How to Protect a Special Needs Adult Child After You Pass Away
Planning for the future of adult children with special needs is one of the most important steps you can take to ensure their long-term care and financial security. As a parent, you have been your child’s primary advocate, but it is essential to put legal protections in place so they receive the care and support they need even after you are no longer there to provide it. Estate planning for special needs individuals requires careful consideration of guardianship, trusts, and help from an experienced Texas estate planning lawyer to safeguard your child’s future.
Create a Letter of Intent
A letter of intent is a non-legal document that serves as a guide for future caregivers, guardians, and trustees who will oversee your child’s care. While not legally binding, this document provides valuable insight into your child’s daily routines, medical history, and long-term goals. When drafting your letter of intent, consider including:
Which Assets Go Through Probate?
If you are navigating the probate process in Texas for the first time, you probably have many questions. One of the most common things people wonder about probate is exactly which assets must go through probate and which ones can transfer directly to heirs. Understanding how this works can help you prepare for the legal steps ahead and avoid unnecessary delays in settling your loved one’s estate. Our Texas probate lawyer can give you the help you need and ensure that your loved one's estate is handled correctly.
How Does Probate Work?
Probate is the legal process of settling a person’s estate after they pass away. It involves verifying a will (if one exists), finding assets, paying off any debts, and distributing remaining property to heirs or beneficiaries. If there is no will, Texas intestacy laws determine how the assets are divided. This means that state law says who inherits assets based on their relationship to the deceased.
The 5 Most Common Types of Trusts
A carefully written estate plan is essential for protecting your assets and ensuring your loved ones are cared for after your passing. While many people are familiar with wills, a trust can offer additional benefits, such as avoiding probate, reducing taxes, and providing specific instructions for how your assets are distributed.
Below are the five most common types of trusts that the average person may use as part of their estate plan. At Colbert Law Group PLLC, our Texas estate planning attorney can help you set up one of these or any other trust that protects your wishes.
Revocable Living Trust
A revocable living trust is one of the most popular options for estate planning. This type of trust allows you to maintain control of your assets during your lifetime, and you can modify or revoke it at any time. Upon your passing, the assets in the trust are distributed according to your instructions, without the need for probate. This ensures a faster and more private process for your heirs.
Five Things to Consider in Your Long-Term Care Plan
The average American man lives to just under 75 years, while women live an average of about five years longer. With life expectancy lasting well past the point most of us expect to retire, careful planning for how we spend our later years is essential. This includes planning for how we want to be treated, even when we can no longer make decisions for ourselves.
Although it is not always easy or pleasant to consider these things, we give the ones we love the most protection and care when we take the burden of difficult decisions off of their shoulders in moments of great stress. By doing so, we can also ensure that our needs and expectations are met. Here, our Texas elder law attorney lists five things your long-term care plan might include. Call us today to learn more.
Common Issues with Medicare Coverage
Medicare is a government health insurance program for people aged 65 and older and some younger people with disabilities. It has several parts, including Part A (hospital insurance), Part B (medical insurance), Part C (Medicare Advantage Plans), and Part D (prescription drug coverage). Many people struggle to understand what is covered under each part, which can lead to confusion about medical bills and coverage options.
A Texas elder law attorney can help by explaining the different parts of Medicare and reviewing your coverage to ensure you are not missing benefits or paying for unnecessary services. They can also help you determine whether a Medicare Advantage Plan or a supplemental insurance plan is the right choice for your needs and assist you if you are denied coverage.
What Do You Need to Do After a Parent Dies?
Losing a parent is a life-altering event that can leave you feeling overwhelmed and uncertain about what to do next. Alongside processing your grief, there are practical and legal steps you must take to manage their estate and honor their final wishes.
Handling these responsibilities can be emotionally and logistically challenging, but an experienced Texas estate planning attorney can guide you through the process with compassion and clarity.
Notify Family and Loved Ones
The first step after a parent's passing is to notify close family members, friends, and others who may need to know. It is often helpful to ask someone you trust to assist with this task, especially if you are feeling overwhelmed. Sharing the news can also provide an opportunity for loved ones to offer emotional support.
Whether you need legal assistance with estate planning, have questions about elder law, or are involved in a business litigation case you can trust Colbert Law Group PLLC to handle your case with the personal attention and commitment to a positive outcome that you deserve. From our office in Flower Mound, we serve clients throughout Denton County and Southern Oklahoma.
6021 Morriss Rd., Suite 101, Flower Mound, TX, 75028
972-724-3338
Contact Our Firm
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
