In our collective imagination, the seconds before a person’s death on screen, very dramatically and invariably that person leaves behind a dusty old document the color of an old library book’s pages behind with final instructions for the living.
For those not informed of how to draft or read such files, there could be issues about making sure the heirs mentioned in the file receive their inheritance, or a certain piece of property or real estate, or whatever the case may be.
The problem in Texas wills and trust laws relates to challenges of a will or trust for failure to follow the formalities created by the State of Texas to promote the deceased’s or wishes of the person who is incapacitated.
Skilled and highly competent Texas elder law lawyers routinely tackle the most vexing legal problems that come about after a person has died.
Below, you’ll find ways that Texas wills and trust laws are created, and how they work at a basic level to help serve the interests of the beneficiaries of a parent who may have had a will.
I. Wills and Trust Legal Issues Handled By Houston, Fort Worth, Or Dallas Wills and Trust Law Firms
According to Texas Legal’s law blog, many Texans have misconceptions about what it means to have a will, or if it is even necessary at all.
Below are facts about wills that help clear up this confusion. For instance, wills do the following:
- Distribute assets to beneficiaries.
- Declare the executor, or person in charge of such distribution.
- Declare a guardian for minors.
Yet, wills are not catch-all summaries of how every matter in your life will be managed. For instance, wills do not:
- help someone avoid probate court, although a good will can make getting through probate law relatively simple.
- decide who is to make decisions if you are incapacitated, also known as name a durable power of attorney, medical power of attorney or legal power of attorney, or
- keep your affairs private and away from public court records.
In contrast, a trust is a very different legal document that creates a fund of valuable properties—including real estate, cars, bank accounts and private possessions such as watches, pearls and antiques.
The components of a living trust, as opposed to a will, include:
- Designating a representative of the trust, known as a trustee.
- Avoidance of the probate process.
- Power of attorney creation.
- Payment of legal expenses upfront, in contrast to for wills.
- Confidentiality of the affairs of the trust without being public court records.
The limits of a trust, as for wills are as follows:
- The trust will not create a guardian for minor children.
- The trust must be enforced as it is written.
- Assets not specifically referred to will not be a part of the trust.
- A medical power of attorney will not be included.
Under Medicaid and Medicare laws, other types of trust include special needs trusts for incapacitated persons. Medicare Handbook F-6000. Irrevocable trusts are another types. Texas Property Code, Trusts Chapter 112.
Choosing an experienced and capable Texas elder and family law firm specializing in wills and trusts law will give you an advantage knowing that your plans for after death optimize your goals of providing for loved ones through an orderly distribution to the closest related family members. Knowing the fine lines that distinguish the two types of after-death estate planning will determine the cost, which will be well worth it to give some peace of mind in knowing that your property will pass to the right ones
II. Getting Legal Advice And Estate Planning Tools From A Houston, Dallas, Or Fort Worth Wills and Trusts Law Firm To Remove Doubt and Insecurity From Your Financial Future After Death
According to the legal blog of Austin-based The Law Office of Kyle Robbins, PLLC, the nature of how wills are “probated” defies common sense.
Typically, if a person believes that a will lists him or her a an “executor of the will,” then automatically and very reasonably you would think that this means it isn’t necessary to go to court, or ever step foot in a lawyer’s office.
However, and contrary to popular belief, trusts attorneys are needed who are knowledgeable about Texas wills and trusts law to first determine the validity of the last will and testament, also known as the “probate of the will.”
According to the online blog of Raina Combs, PLLC, the main factors of the probate process include if the will as written meets the following tests for being valid:
- Legal capacity – or that the creator was old enough of at least 18 years old.
- Testamentary capacity – or that the person was not a minor or suffering from a disability that interfered with their ability to understand what it was that they were giving away and to whom.
- Testamentary intent – or that the person knew that the document would create a will.
- Formalities – which require enough witnesses at the signing of the will to prevent fraud.
With the proper training in capacity and formality questions, Texas wills and trust lawyers are highly skilled at making sure wills are foolproof, or able to attack wills if it serves the needs of their client, such as when there has been fraud or deception by one standing to gain from the will.
III. Legal Advice: Value Of A Houston, Dallas, Fort Worth, Texas Wills and Trusts Lawyer During Probate Process
Many Texas wills and trusts lawyers, such as the Richardson-based Shutt Law Firm, PLLC, and San Antonio-based The Law Office of Roland Echavarria, and Austin-based Law Office of Keith Hajovsky, often are trained at the best law schools in Texas, or other states and around the country, provide exemplary legal services to get you through your legal crisis.
Often times those may believe they are creating a will but fail to do so creating uncertainty for those family members surviving the creator of the will.
Often the changes, or “codicils,” of a will contradict terms of the will creating more confusion for even experienced judges familiar with many times a person has tried to make modifications to cut out heirs and add in new more deserving ones.
According to Legal Talk Texas’ blog, codicils are not advisable for the following reasons:
- Courts disfavor any changes to a will, requiring codicils to reference the previous will.
- Courts disfavor the high likelihood of there being discrepancies in the original will and the codicil. Texas Estates Code Section 253.002
Avoid the traps and common pitfalls most people fall into in the process of estate planning after death by consulting with a premier, dedicated and top-tier Texas wills and trusts advocate.
IV. Speaking To A Texas Wills and Trusts Lawyer For Smooth Transition Of Estate To Loved Ones
According to the legal blog of Dallas-headquartered The Law Office of Michael B. Cohen, a skilled and trusted wills and trust advocate in the state of Texas will be able to routinely distinguish the will you think you need from that actually needed.
There are nine kinds of wills in Texas:
- Holographic wills
- Simple wills.
- Wills with testamentary trusts.
- Pour-over wills.
- Reciprocal wills.
- Contractual wills.
- Electronic wills.
- Living wills.
Given the sheer number of types of wills in Texas, the decision to draft a will by yourself may not be always advisable given that each of the above-mentioned wills has its own advantages and drawbacks.
For instance, when there is doubt of a child or grandchild of marrying someone that the deceased estate does not want to inherit a valuable parcel of real estate or life insurance policy, for instance, a trust can be created, making the will with a testamentary trust preferrable to a simple will.
Reciprocal wills are not favored due to the way spouses may seek to disinherit the children of the other spouse after the wills are drafted and executed.
Also, people commonly do not understand that a living will is not, in fact, a will at all, but is rather a directive to a hospital of how to treat a person with terminal illness, or on life-support.
Selecting an honest and accomplished Texas wills and trust lawyer gives you a strategic advantage over someone who tries to rely on “self-help,” leading to uncertain outcomes, costly land transfers through poor tax planning, devaluation of estates and property and valuables in the hands of the wrong people.
V. Forming an Attorney-Client Relationship: Call a Houston, Dallas or Fort Worth Wills and Trusts Lawyer Today for a Free Case Evaluation
Once introduced, you and the Texas wills and trusts firm will form a bond of trust and confidence known as the attorney-client relationship.
Unless where there is a disclaimer of not forming this formal relationship, you can look to your lawyer to be a zealous advocate offering estate planning tools for the management of your life, present and future.
With directories spanning Houston, Dallas or Fort Worth-based wills and trusts lawyers, Lawsuit.org, beyond State Bar of Texas association, or Texas School of Law state law library, or Texas bar office, will help you pinpoint the right firm to reduce liability to the government, ensure assets pass to those intended, and prevent property from being given away to the government for attempts made to do the process by yourself.
Only by hiring a seasoned and worthy Texas estate planning attorney, or wills and trusts lawyer will you adequately plan for the distribution of your estate after death and ensure that loved ones are provided for.