Planning for long term care is a crucial aspect of retirement. Finding long-term care can be difficult. This is especially true for people without long-term care insurance. It is also a challenge for those who do not have hybrid policies that combine life insurance with long-term care benefits.

Understanding the various long term care payment options is essential. It can help protect your assets and secure your retirement, whether through term care benefits from a life term insurance policy or other insurance benefits.

In this article, we will explore these options. We aim to provide a comprehensive guide for retirees seeking to navigate this challenging terrain.

From government programs to personal assets, we will delve into the different avenues available. We will discuss the importance of family support for long-term care. We will also cover permanent life insurance and legal planning. These factors are essential for effective long-term care.

Our goal is to empower you with knowledge. With this, you can make informed decisions that align with your personal values and financial circumstances.

Let's embark on this journey together, towards a secure and well-planned future.

Understanding Long-Term Care and Its Costs

Long term care encompasses a range of services. These are designed to meet personal care needs over an extended period.

These services can include assistance with daily activities like bathing, dressing, and eating. Long-term care benefits from certain insurance policies can help pay for medical care, rehabilitation, and therapy.

The Importance of Planning for Long Term-Care

Planning for long term care is crucial. It can significantly impact your retirement savings and overall financial health.

Without a plan, care costs can drain your savings, even if you have long-term care insurance through whole life policies or similar options. This can leave you and your family in a precarious financial situation.

Average Costs of Long-Term Care

The cost of long-term care can vary greatly. It depends on the type of care needed and the location.

On average, the annual cost of a private room in a nursing home can exceed $100,000. Home health care services can cost upwards of $50,000 per year. These figures highlight the importance of planning for long term care costs.

Navigating Government Programs

Government programs can provide some assistance with long term care costs. However, they often have limitations and eligibility requirements.

Medicare and Medicaid are the two primary government programs that can help with long term care. Understanding what they cover and how to qualify is crucial in planning for long term care costs.

These programs may not cover all types of care or all care settings. More payment options, like benefits from life insurance policies, might be needed.

Medicare: What It Covers and What It Doesn't

Medicare is a federal program that provides health coverage for individuals aged 65 and older. It also covers some younger individuals with certain disabilities.

However, Medicare's coverage of long term care is limited. It primarily covers medically necessary care, like skilled nursing or rehabilitation services, and typically only for a short period.

Medicaid: Eligibility and Coverage for Long Term Care

Medicaid is a program by the federal and state governments that assists low-income individuals with their medical expenses. It can cover a broad range of long-term care services, including nursing home care and home health care.

However, eligibility for Medicaid is complex. It depends on income, assets, and level of care needed.

Each state has its own rules about eligibility and applying. Therefore, it's important to contact an Elder Law attorney for information.

Utilizing Personal Assets and Savings

Personal savings and assets can be a direct source of funding for long term care. The cost of care can quickly use up your resources, even if you have permanent life insurance or other long-term care coverage.

Consider the impact of long-term care costs on your retirement savings. You may need to explore other options to protect your assets and ensure your financial security.

Reverse Mortgages and Home Equity

If you own your home, a reverse mortgage can provide funds for long term care. This type of loan allows you to convert part of your home's equity into cash.

However, reverse mortgages come with risks and costs. It is important to understand the terms and implications involved before proceeding.

Life Insurance Options: Riders and Benefits

Some life insurance policies offer options that can help pay for long term care. These include long term care riders and accelerated death benefits.

Long term care riders allow you to use your death benefit for long term care. Accelerated death benefits let you get a tax-free payment from your life insurance while you are still living.

Annuities and Trusts as Long-Term Care Funding Sources

Annuities and trusts can be effective tools for funding long term care. They can provide a steady income stream and protect your assets.

However, these options require careful planning and understanding. It's important to consider the tax implications and eligibility requirements.

Annuities with Long Term Care Riders

Annuities with long term care riders can provide a steady income for care expenses. These riders allow you to use your annuity's income for long term care costs.

However, not all annuities offer this option. You should understand the terms and conditions before purchasing an annuity.

Asset Protection Trusts

Asset protection trusts can be used in estate planning to cover long term care costs. These trusts can protect your assets from being depleted by long term care expenses.

However, setting up a trust requires legal expertise. Consult with an estate planning attorney to understand the benefits and drawbacks.

Veterans' Benefits and Community Assistance Programs

Veterans' benefits and community assistance programs can be valuable resources for long term care. These programs can provide financial assistance and support services.

However, eligibility requirements and benefits can vary. Research and understand these programs thoroughly to ensure you are able to secure maximum benefits.

Exploring Veterans' Aid and Attendance Benefits

Veterans' Aid and Attendance benefits can help cover long term care costs. These benefits are available to eligible veterans and their surviving spouses.

However, the application process can be complex. Seek guidance from a knowledgeable professional or veterans' service organization.

State and Community Programs for Seniors

State and community programs can provide assistance with long term care costs. These programs may offer services like home care, meal delivery, and transportation.

However, availability and eligibility can vary by location. Explore local resources and understand what assistance is available in your community.

Family Support and Informal Caregiving

Family support and informal caregiving can play a significant role in long term care. This can be a cost-effective solution, especially for early-stage care needs.

However, it's important to consider the emotional and physical toll on family caregivers. Respite care and caregiver support services can be essential.

The Role of Family in Long Term Care

Family members often step in to provide care for loved ones. This can include personal care, household tasks, and managing medical care.

However, it is important to have open discussions about care expectations and potential compensation. Formal caregiver contracts can help clarify these arrangements and provide financial support for family caregivers.

Legal and Financial Planning for Long Term Care

Legal and financial planning is a crucial part of preparing for long term care. This includes setting up powers of attorney, living wills, and potentially trusts.

Consider the impact of long-term care costs on your estate and legacy planning. Asset protection and preservation should be a key part of your strategy.

Powers of Attorney and Living Wills

Powers of attorney and living wills let you choose someone to make decisions for you if you can't do it yourself. This includes financial decisions and health care decisions.

It is important to have these documents in place before they are needed. They provide peace of mind and can prevent family disputes during a difficult time.

Consulting with Financial Planners and Elder Law Attorneys

Consulting with a financial planner or elder law attorney can provide personalized advice for your situation. They can help you navigate the complexities of long-term care payment options, including hybrid long-term care insurance, and legal planning.

These experts can explain how different payment methods impact taxes. They can also discuss the chance of Medicaid reclaiming funds from your estate. Their expertise can be invaluable in creating a comprehensive long term care plan.

Conclusion: Creating a Comprehensive Long-Term Care Plan

Creating a comprehensive long term care plan involves considering all potential payment sources and understanding their implications. It's about more than just the financial aspect; it is also about ensuring quality care and preserving your independence as much as possible.

Remember, it's never too early to start planning. The sooner you start, the more options you will have. Regularly review and update your plan to ensure it remains relevant.

To learn more about how our team can assist you with asset protection, schedule your strategy session here or give our office a call at (281) 324-8742.

Estate planning can be a complex process. It becomes even more intricate when planning for a loved one with a disability.

A trust for a person with a disability is a crucial tool in this process. It ensures their needs are met and their assets are protected.

But what is the best trust for a disabled person? How does it work? And how can it secure their future?

This article aims to answer these questions. It will provide a comprehensive understanding of disability trusts, including the Special Needs Trust. Whether you are a retiree or a family member of a disabled individual, this guide is for you. It will help you navigate the complexities of estate planning for a disabled person.

Understanding Trusts for Persons With A Disability

A trust for a person with a disability is a legal arrangement. It holds and manages assets for the benefit of a person with a disability.

These trusts are designed to provide financial support. They ensure the person with disability needs are met without jeopardizing their eligibility for government benefits.

Trusts can be tailored to the specific needs of the person with a disability. They can cover a range of expenses, from medical care to personal needs.

Here are some key points about trusts for person with a disability:

• They protect the person with a disability's assets.

• They ensure the person with disability needs are met.

• They do not jeopardize the person with a disability eligibility for government benefits.

The Role of Special Needs Trusts

A Special Needs Trust (SNT) plays a crucial role in estate planning for a person with a disability. It is designed to hold assets for a person with disabilities.

The SNT allows the person with a disability to benefit from the trust assets. At the same time, it does not affect their eligibility for public assistance programs. This is because the assets in the SNT are not considered available to the person with a disability. They are used to supplement, and/or replace, government benefits. The SNT can cover expenses not covered by government programs. These can include personal care attendants, out-of-pocket medical expenses, and recreational activities.

Types of Special Needs Trusts

There are three main types of Special Needs Trusts. Each serves a different purpose and has its own set of rules and restrictions.

Here are the three types of Special Needs Trusts:

• First-Party Special Needs Trusts

• Third-Party Special Needs Trusts

• Pooled Trusts

First-Party Special Needs Trusts

A First-Party Special Needs Trust is funded with the person with a disability own assets. These could be from a lawsuit settlement, an inheritance, or savings.

This type of trust is irrevocable. This means it cannot be changed or dissolved without the permission of the beneficiary. Upon the death of the beneficiary, any remaining assets in the trust are used to repay the government for the cost of medical care.

Third-Party Special Needs Trusts

A Third-Party Special Needs Trust is funded with assets from someone other than the beneficiary. This is often a parent, grandparent, or other family member.

This type of trust does not have a payback provision. This means that upon the death of the beneficiary, any remaining assets can be distributed to other family members. The Third-Party Special Needs Trust is often used in estate planning to provide for a loved one with a disabilty.

Pooled Trusts

Pooled Trusts are managed by nonprofit organizations. They combine assets from multiple beneficiaries into a single trust.

Each beneficiary has their own account within the trust. But the assets are pooled for investment and management purposes. Upon the death of the beneficiary, the remaining assets can either be left to the nonprofit or distributed to heirs, depending on the terms of the trust.

Choosing the Right Trust for Your Needs

Choosing the right trust for a person with a disability depends on several factors. These include the source of the assets, the beneficiary's needs, and the family's wishes.

Each type of Special Needs Trust has its own advantages and disadvantages. Understanding these can help you make an informed decision. It is also important to consider the long-term needs of the person with a disability. The right trust can adapt to changes in the beneficiary's life and needs.

Factors to Consider

When choosing a trust for a person with a disability, consider the following factors:

• The source of the assets: Are they the person with a disability, their own assets or from someone else?

• The beneficiary's needs: What are the current and future needs of the person with a disability?

• The family's wishes: What are the family's goals and wishes for the person with a disability’s care and quality of life?

These factors can help guide your decision. They can ensure the trust meets person with a disability needs and aligns with the family's wishes.

Setting Up a Trust for a Disabled Person

Setting up a trust for a person with a disability involves several steps. First, you need to draft the trust document. This outlines the terms of the trust and designates a trustee. Next, you need to fund the trust. This can be done with assets such as cash, real estate, or investments. The trust then manages these assets for the benefit of the disabled person.

It's crucial to ensure the trust is properly set up. A poorly drafted trust can jeopardize the person with a disability eligibility for government benefits.

The Importance of Professional Guidance

Navigating the complexities of a disability trust can be challenging. That is why it is important to seek professional guidance. An estate planning attorney can help you understand the legal requirements and restrictions.

They can also help you draft a trust that meets legal standards. This ensures the trust is valid and effective in protecting the disabled person's assets. Remember, setting up a trust is a significant decision. It's worth investing in professional guidance to ensure it's done right.

Conclusion: Protecting Your Loved One's Future

Setting up a trust for a disabled person is a crucial step in estate planning. It ensures their needs are met and their assets are protected.

Choosing the right type of trust can be complex. But with careful planning and professional guidance, you can create a trust that best serves your loved one's needs.

In conclusion, a trust for a person with a disability is more than just a financial tool. It is a way to provide for their future, ensuring they have the resources they need to live a fulfilling life.

Contact a Houston Special Needs Planning Attorney Today

Our special needs planning attorneys at Your Legacy Legal Care stay abreast of the latest legislative changes affecting your estate and can provide advice for your unique situation.

With our experience, we can guide you through the process of setting up or modifying a special needs trust based on the latest guidelines. Contact us today for a consultation.

It's that time of year to get back into the school night routine of enforcing bedtimes, grocery shopping for the kids' favorite snacks, and having the next day's outfit picked out. While we are getting our minor children prepared for another school year, we must also remember many of our adult children are headed back to school as well! After all, the back-to-school hype is not just for young kids, many of our adult children are going off to college (and many for their first time), too!

Our adult children tend to be very excited to be out “on their own” for the first time, but this significant life event is something that should not be taken lightly. This is their first taste of adulthood! It is now their time to make decisions regarding their care, finances, and other “adult” things on their own, but what would happen if something happened, and they could no longer make these decisions themselves?

The Legal “What Ifs” of College Life

Don’t get caught in the web of legal intricacies surrounding the myriads of “what ifs” when your adult child is miles away for semesters at a time. Did you know that even though you are a parent, the school, financial institutions (like the Financial Aid Office), and healthcare professionals are not legally allowed to disclose information regarding your child since they are now an adult?

Unfortunately, we have seen scenarios arise where a parent needs to access something or decide on care to be provided on behalf of their child due to their incapacity. If this happens without the proper planning in place, this may force you into guardianship court.

It’s a call that every parent dreads to get: the call informing you that your child is in the hospital. When you sent your child off to college the last thing on your mind was having the legal documents in place to help you through this scenario you did not think would occur, so now you are not able to access information regarding their health, make decisions regarding their care, and now you are left in the dark until you hire a guardianship attorney to be appointed by a judge to be the legal guardian of your own child.

Understanding the Limits of Parental Access

The scenario above is just one example of where your access to information regarding your adult child is restricted. The following areas pertaining to your child are heavily restricted without essential estate planning documents, such as a statutory durable power of attorney or medical power of attorney:

Healthcare: Privacy laws (such as HIPAA), prevent healthcare providers from sharing medical information, even to parents.

Education: FERPA Laws restrict access to academic records without the student’s consent – even if you are the one paying for their education!

Finances: Financial institutions may not allow parents to manage their children’s accounts or access other pertinent financial information without the child’s previous consent (or power of attorney being on file).

Estate planning is an important aspect to consider, not just for older adults, but for young adults, too! Here are the key estate planning documents any adult over the age of 18 should have:

Medical Power of Attorney: This document allows for a trusted individual (such as a parent) to be named as an “agent” to make medical decisions on behalf of the individual that is unable to make them themselves.

Statutory Durable Power of Attorney: This grants the ability to handle financial and legal matters on behalf of the person who is incapacitated to a trusted person (such as a parent).

HIPAA Release: This gives authorization to the named individuals to access the medical records of someone who is incapacitated. This is primarily to help the agent named in the Medical Power of Attorney to make informed decisions regarding the person’s healthcare based on their previous conditions and records.

Prepare for the School Year Ahead

Having these important documents in place will not only provide legal protections for young adults, but it will also provide the ultimate peace of mind for the parents who may already be stressed about leaving their child in uncharted territory as a new adult.

Estate planning is a crucial step in caring for an adult child, especially during a major life transition such as going to college. Our team at Your Legacy Legal Care understands the importance of ensuring you protect your loved ones, even if they are miles away. Reach out today to learn more about how we can help you and your adult children make their college years less burdensome by having the right protections in place. Call us today at (281) 218-0880 or schedule online here.

Estate planning is a crucial task that often seems daunting. It involves making decisions about the future of your assets, your retirement, and your legacy.

In Texas, the laws surrounding estate planning can be complex. Understanding these laws is key to ensuring your assets are well-protected and your retirement is secure.

This guide aims to simplify the process of estate planning in Texas. It will provide you with a comprehensive understanding of the necessary steps to protect your assets for future generations.

We will delve into the role of an estate attorney in Texas, the importance of wills and trusts, and the intricacies of probate and estate taxes. We will also discuss how to choose the right executor and trustee, and the importance of regularly updating your estate plan.

By the end of this guide, you will be better equipped to navigate the complexities of estate planning in Texas.

Understanding Estate Planning in Texas

Estate planning is a process that involves making plans for the transfer of your estate during incapacity and after your death. Your estate is comprised of all your assets, including real estate, bank accounts, investments, and personal possessions.

In Texas, estate planning laws are unique and can be complex. It's important to understand these laws to ensure your estate is handled according to your wishes.

Key components of a Texas estate plan include:

• Wills

• Trusts

• Powers of attorney

• Advance healthcare directives

Each of these components serves a specific purpose in protecting your assets and your wishes for the future.

The Importance of a Will in Texas

A will is a legal document that outlines how you want your property and assets distributed after your death. In Texas, if you die without a will, your estate will be distributed according to state law.

This process, known as intestate succession, may not align with your wishes. Therefore, having a will is crucial to ensure your assets are distributed according to your preferences.

Trusts: Privacy, Protection, and Tax Benefits

Trusts are another important component of estate planning in Texas. They provide privacy, as the details of a trust are not made public.

Trusts also offer protection from creditors and can provide tax benefits. By placing assets in a trust, you can ensure they are managed according to your wishes, even after your death.

Key Estate Planning Documents

In addition to wills and trusts, there are other important documents that should be included in your Texas estate plan. These documents serve various purposes and are crucial in ensuring your wishes are carried out.

Key estate planning documents include:

• Statutory Durable Power of Attorney: This document allows you to appoint someone to manage your financial affairs if you become incapacitated.

• Medical Power of Attorney and Directive to Physicians: These document outline your healthcare preferences should you become unable to make decisions for yourself.

• HIPAA Release: This allows designated individuals to access your medical information.

• Letter of Intent: This provides guidance to your executor or trustee about your specific wishes.

Statutory Durable Power of Attorney and Advance Healthcare Directives

A Statutory Durable Power of Attorney is a legal document that gives someone you trust the authority to handle your financial affairs if you become unable to do so. This person is known as your agent or attorney-in-fact.  You should choose someone that you trust to fulfill this role.

A Directive to Physician, also known as a living will, allows you to specify what actions should be taken for your health if you are no longer able to make decisions for yourself due to illness or incapacity.

A Medical Power of Attorney allows someone you choose to make medical decisions when you are unable to do so.

All of these documents are crucial in ensuring your wishes are respected and your affairs are properly managed in the event of your incapacity.

Probate and Estate Taxes in Texas

Probate is the legal process of administering a deceased person's estate. In Texas, the probate process can be complex and time-consuming. However, with proper estate planning, the impact of probate can be minimized.

Texas does not impose an estate tax or inheritance tax. This is a significant advantage for Texas residents. However, federal estate tax may still apply, depending on the size of your estate.

Understanding probate and estate taxes is crucial in estate planning. It helps ensure your assets are distributed according to your wishes and can save your heirs from unnecessary stress and expense.

Choosing Executors and Trustees

Choosing the right executor and trustee is a critical part of estate planning. These individuals will be responsible for managing your estate and carrying out your wishes after your death.

The executor administers your will, while the trustee manages any trusts you establish. They should be trustworthy, responsible, and capable of handling financial matters.

Consider their willingness to serve, their relationship with your beneficiaries, and their ability to handle potential conflicts. It's a significant responsibility, so choose wisely.

Regular Updates: Adapting to Life Changes

Estate planning is not a one and done. It's a dynamic process that should evolve with your life circumstances and changes in the law.

Major life events such as marriage, divorce, the birth of a child, or the death of a loved one can significantly impact your estate plan. Regular reviews ensure that your plan remains relevant and effective.

Remember, an outdated estate plan can lead to unintended consequences. Make it a habit to review and update your estate plan regularly, ideally with the help of a knowledgeable estate planning attorney.

Finding the Right Estate Planning Attorney in Texas

Choosing the right estate planning attorney is crucial. They should be well-versed in Texas estate laws and have a track record of success.

Look for an attorney who listens to your needs, explains complex legal concepts in plain language, and provides practical solutions. Remember, this is a person you'll be sharing personal details with, so comfort and trust are key.

Don't hesitate to ask for referrals from friends, family, or financial advisors. A good attorney can make the estate planning process less daunting and more efficient.

Conclusion: Securing Your Legacy

Estate planning in Texas can seem complex, but it doesn't have to be overwhelming. With the right guidance and a comprehensive approach, you can create a plan that protects your assets, provides for your loved ones, and secures your legacy.

Remember, estate planning is about more than just distributing assets. It's about ensuring your wishes are respected, providing for your loved ones, and creating a lasting legacy.

With careful planning and the help of a skilled estate planning attorney, you can navigate the complexities of estate planning and find peace of mind. Your legacy is worth the effort.

Speak with a Knowledgeable Texas Estate Lawyer

No matter your life goals, it is important to make thorough estate plans. Speaking with an experienced Texas estate lawyer can help you navigate Texas law while setting up the brightest future possible for your loved ones. Schedule your estate planning appointment now by calling (281) 843-5602 or schedule online here.

Navigating the probate process in Texas can be a daunting task.

Especially for retirees who are already grappling with the complexities of estate planning.  Understanding the intricacies of court proceedings, the role of a probate lawyer, and the steps towards estate settlement is crucial.

We will explore whether you need a lawyer to probate a will in Texas, and how to ensure your assets are well-protected for future generations. By the end, you will have a comprehensive understanding of the probate process in Texas, making your retirement planning more secure and less stressful.

What is Probate and Why is it Necessary?

The probate process in Texas is a legal procedure That involves validating a deceased person's will, settling their debts, and distributing their assets to the designated beneficiaries.

This process is overseen by a probate court. It ensures that the deceased's estate is properly managed and their wishes are respected.

It involves proving in court that a deceased person's will is valid, identifying and inventorying the deceased person's property, having the property appraised, paying debts and taxes, and distributing the remaining property as the will (or state law, if there's no will) directs.

The Role of the Court in Probate Proceedings

In the probate process, the court plays a pivotal role.

It oversees the validation of the will, appointment of the executor or administrator, and ensures the deceased's estate is distributed according to the will or state law.

The court also resolves any disputes that arise during the probate process.

In essence, the court ensures the probate process is conducted in a fair and lawful manner. Learn more about what happens in probate court in our comprehensive guide.

Steps to Probate a Will in Texas

Probating a will in Texas involves several steps.

These steps ensure that the deceased's estate is properly managed and their wishes are respected.

1. Filing the will and application for probate

2. The probate hearing

3. Inventory and appraisal of estate assets

4. Settling debts and taxes

5. Distributing assets to beneficiaries

Filing the Will and Application for Probate

The first step in the probate process is filing the will and an application for probate with the probate court.

This step initiates the probate process and notifies the court of the deceased's passing.

The Probate Hearing: What to Expect

After the application is filed, a probate hearing is scheduled.

During this hearing, the court validates the will and appoints an executor or administrator to manage the estate.

Inventory and Appraisal of Estate Assets

The executor or administrator is responsible for identifying and inventorying the deceased's assets.

These assets are then appraised to determine their value. Assets can include real estate, bank accounts, life insurance, and much more.

Settling Debts and Taxes

The executor or administrator also settles the deceased's debts and pays any taxes owed by the estate.

This ensures that all financial obligations are met before assets are distributed to beneficiaries.

Distributing Assets to Beneficiaries

The final step in the probate process is distributing the remaining assets to the beneficiaries as directed by the will.

If there is no will, the assets are distributed according to Texas intestacy laws.

The Role of a Probate Attorney in Texas

A probate attorney plays a crucial role in the probate process in Texas.

They provide legal guidance, ensuring that the process is carried out correctly and efficiently.

Their expertise can be invaluable, especially in complex estate situations or when disputes arise.

When Should You Consider Hiring a Probate Lawyer?

Hiring a probate lawyer in Texas is required in most all probate courts.

Since a lawyer is required, they can be very helpful if the deceased owned property in multiple states or had significant debts.

How a Probate Attorney Can Assist with Estate Settlement

A probate attorney can assist with various aspects of estate settlement.

They can help with filing the will, managing assets, settling debts, and distributing assets to beneficiaries.

Their guidance can make the probate process smoother and less stressful for everyone involved.

Navigating Complexities: Common Probate Scenarios

The probate process can become complex in certain scenarios.

Understanding these complexities can help you navigate the probate process more effectively.

Without a Will: Intestate Succession in Texas

If a person dies without a will in Texas, their estate is distributed according to the state's intestate succession laws.

This can be a complex process, and legal guidance is often beneficial to ensure a fair distribution.

Contested Wills and Family Disputes

Disputes over a will can complicate the probate process.

A probate attorney can help mediate these disputes and ensure the deceased's wishes are honored.

Simplifying the Probate Journey with a Houston Probate Lawyer

The probate process in Texas can seem daunting, but understanding the steps involved can simplify the journey.

Whether you can navigate the process with or without a lawyer, being informed about your options can help ensure a smooth estate settlement.

At Your Legacy Legal Care, our experienced probate attorneys will handle the proceedings on your behalf so you can focus on honoring your loved one’s wishes. We are your compassionate legal partners, here to support you every step of the way. 

Contact us today to schedule a consultation – we’re ready to help you move forward during this difficult time.

Navigating the complexities of life estates can be a daunting task. Understanding the legal process and considerations involved in removing someone from a life estate is crucial.

Whether you are a property owner, a life tenant, or a remainderman, this guide is designed to help you. We will explore the process of life estate removal, both during the life tenant's lifetime and after their death.

This article will provide a clear, step-by-step guide on how to handle this intricate legal terrain.  By the end, you will have a better understanding of your rights and options, helping you make informed decisions.

Understanding Life Estates

A life estate is a unique type of property ownership. It grants an individual, known as the life tenant (usually a spouse in a second marriage), the right to use and enjoy a property during their lifetime.  

Upon the life tenant's death, the property automatically passes to another person or entity, known as the remainderman (beneficiaries).

This arrangement allows the life tenant to benefit from the property without owning it outright. However, it also creates a complex legal relationship between the life tenant and the remainderman.

Understanding this relationship is key to navigating the process of life estate removal.

The Roles of Life Tenant and Remainderman

The life tenant is the individual who holds the life estate. They have the right to use, occupy, and benefit from the property as long as they live. However, they do not have the right to sell or transfer the property without the remainderman's consent.

The remainderman is the person or entity who will inherit the property after the life tenant passes away. They hold a future interest in the property, but their rights are limited during the life tenant's lifetime.

The remainderman cannot interfere with the life tenant's use and enjoyment of the property.

Legal Rights and Responsibilities

Both the life tenant and the remainderman have specific legal rights and responsibilities.

The life tenant must maintain the property and cannot commit waste. This means they cannot cause significant damage or devaluation to the property.

The remainderman has the right to inspect the property to ensure it is being properly maintained.

Grounds for Life Estate Removal

Removing someone from a life estate is not a simple process. It requires a clear understanding of the legal grounds for removal.

In some cases, the life tenant may voluntarily relinquish their rights to the property. In other cases, the remainderman may seek to remove the life tenant involuntarily. Both scenarios require careful consideration and legal guidance.

Voluntary vs. Involuntary Removal

Voluntary removal occurs when the life tenant willingly gives up their rights to the property. This can happen through a buyout, a settlement, or a simple agreement between the life tenant and the remainderman.

Involuntary removal, on the other hand, is more complex and often involves legal action.

Legal Grounds for Involuntary Removal

There are several legal grounds for involuntary removal of a life tenant. These include waste (significant damage or devaluation of the property), abuse, or neglect of the property. In such cases, the remainderman may have the right to seek a court order for the life tenant's removal.

The Removal Process

The process of removing someone from a life estate varies depending on the circumstances.

It can be a complex and lengthy process, requiring careful navigation of legal procedures.

It's crucial to understand the steps involved and to seek professional advice when necessary.

During the Life Tenant's Lifetime

During the life tenant's lifetime, removal can occur voluntarily or involvably.

Voluntary removal often involves negotiation and agreement between the life tenant and the remainderman.

Involuntary removal, however, may require legal action and a court order.

After the Life Tenant's Death

After the life tenant dies, the life estate typically ends, and the property passes to the remainderman. However, if there are disputes or complications, legal action may be necessary.

It is important to consult with an estate planning attorney to understand your rights and options in these situations.

Resolving Disputes and Legal Representation

Disputes over life estates can be complex and emotionally charged. They often involve disagreements over property rights, responsibilities, or the terms of the life estate deed. In such cases, legal representation is crucial to protect your interests and navigate the legal process effectively.

The Role of Courts in Life Estate Conflicts

Courts play a key role in resolving life estate conflicts. They can interpret the terms of the life estate deed, determine the rights and responsibilities of the parties involved, and issue orders for removal if necessary.

Court cases can take a long time and cost a lot of money. It's usually better to try to settle disagreements through talking or mediation first.

Importance of Legal Representation

Having a knowledgeable attorney on your side is invaluable in life estate disputes. They can provide advice, represent you in court, and help negotiate settlements or agreements.  Life estate disputes can be costly, involving property and impacting your financial future.

Tax and Financial Considerations

Altering a life estate can have significant tax and financial implications. These can affect both the life tenant and the remainderman.

It's important to understand these potential impacts before proceeding with life estate removal.

Tax Implications of Altering a Life Estate

Removing someone from a life estate can trigger capital gains tax or gift tax implications.  The specific tax consequences depend on the details of the transaction, such as whether it's a sale, gift, or other type of transfer.

Consulting with a tax professional is crucial to understand and plan for these potential tax liabilities.

State Laws and Life Estate Removal

State laws can significantly affect the process and consequences of life estate removal. These laws govern property rights, the legal process for removal, and the tax treatment of property transfers.

It's important to consult with a local attorney or real estate professional to understand the specific laws in your state.

Conclusion and Next Steps

Removing someone from a life estate is a complex process with many legal and financial considerations.

It's important to understand the rights and responsibilities of all parties involved, the grounds for removal, and the potential tax and financial implications.

Consulting with legal and tax professionals is crucial to navigate this process effectively and protect your interests.  Contact Your Legacy Legal Care today to learn more.

Navigating the legal landscape of Power of Attorney (POA) can be complex. This complexity can increase when dealing with interstate matters.

Is a POA valid from state to state? What are the requirements for a valid POA in different states?

These are some of the questions that individuals, agents, and legal professionals often grapple with. In this article, we aim to shed light on these questions and more.

We will explore the intricacies of POA across states, providing you with a comprehensive understanding of this important legal document.

Understanding Power of Attorney and Interstate Recognition

A Power of Attorney (POA) is a legal document. It allows one person, known as the principal, to grant authority to another person, the agent. The agent can then act on the principal's behalf in legal matters.

This authority can cover a range of activities, from managing financial affairs to making healthcare decisions.

The scope of the agent's authority is defined in the POA document.

• Durable POA

• Medical POA

• Financial POA

• Limited or Special POA

• General POA

The Full Faith and Credit Clause and POA

The Full Faith and Credit Clause of the U.S. Constitution plays a role in POA recognition.

It generally requires each state to honor the public acts, records, and judicial proceedings of every other state.

Types of Power of Attorney: Does It Matter Across States?

Different types of POA can have different implications across states. For instance, a durable POA remains in effect even if the principal becomes incapacitated. However, the specific laws governing durable POA can vary from state to state.

Understanding these differences is crucial when dealing with POA across states.

Power of Attorney Requirements by State

Each state has its own laws regarding the execution of a POA.

These laws can dictate the number of witnesses required, the need for notarization, and the specific language used in the document. For example, some states may require the POA to be signed in the presence of a notary public, while others may require two adult witnesses.

Understanding these requirements is crucial to ensure the validity of the POA.

• Notarization requirements

• Witness requirements

• Specific language or phrasing

• Additional documentation

Is a Power of Attorney Valid in All States?

There are instances where a POA may not be recognized in another state.

This can occur if the POA does not meet the specific requirements of that state. For example, if a state requires two witnesses for a POA, but the document was executed with only one witness in another state, it may not be recognized.

Agent Authority and Responsibilities Across State Lines

The agent's authority under a POA can vary based on state laws. In general, the agent is expected to act in the best interest of the principal.

The specific powers granted to the agent can be limited or expanded based on the language of the POA and the laws of the state where it is being exercised.

Can a Power of Attorney Agent Live in Another State?

Yes, an agent under a POA can live in a different state than the principal.

However, this can present challenges if the agent needs to handle matters that require their physical presence. Considering these potential issues is important when appointing an agent who lives in another state.

Legal Documents and Notarization: Ensuring Your POA Is Valid Everywhere

A POA is a legal document that must meet certain requirements to be valid.

These requirements can include notarization and the presence of witnesses at the time of signing. While notarization is not required in all states, it can help ensure the document's acceptance across state lines.

Does Power of Attorney Transfer from State to State?

In general, a POA executed in one state is recognized in another. This is due to the Full Faith and Credit Clause of the U.S. Constitution.

Addressing State-Specific Concerns in Your POA

Understanding that each state has its own laws and requirements for a valid POA is crucial. For instance, some states may require additional witnesses or specific language in the document.

Therefore, it's advisable to consult with a legal professional to ensure your POA addresses any state-specific concerns.

The Importance of Legal Advice for Interstate POA Issues

Navigating the complexities of interstate POA issues can be challenging. Therefore, it's crucial to seek legal advice to ensure your POA is valid and enforceable across state lines.

Remember, a well-drafted POA can provide peace of mind and protect your interests, no matter where you or your agent reside.

Let a Houston Power of Attorney Law Firm Help You Today

Creating Power of Attorney documents does not need to be a lengthy or intimidating process. A Houston POA lawyer at Your Legacy Legal Care can help with identifying needs, ensure your POA is valid for your agent, and more.

Contact our Houston Power of Attorney Lawyers to discuss your goals today.

Understanding the intricacies of how to transfer power of attorney, the possibility of having more than one power of attorney, and the limitations and responsibilities involved is crucial for anyone involved in such legal arrangements.

In this article, will delve into what a power of attorney is, the circumstances under which a power of attorney might be transferred, and the legal implications of making such a decision.

Understanding Power of Attorney

Before we answer the question at hand, it's important to understand what a Power of Attorney is. A Power of Attorney is a lawful document that bestows one individual (the representative or attorney-in-fact) the power to make decisions on behalf of another individual (the principal) in legal affairs. This could include managing financial affairs, making healthcare decisions, or handling other personal matters.

Types of Power of Attorney

There are several types of POA, each with different scopes and durations:

• General Power of Attorney: This document grants broad powers to the agent to act on the principal's behalf.

• Limited or Special Power of Attorney: Allows the agent to act in specific situations or for certain tasks.

• Durable Power of Attorney: This will remain in effect even if the principal becomes incapacitated.

• Springing Power of Attorney: Becomes effective only under circumstances specified in the document, such as the principal's incapacitation.

Can You Have More Than One Power of Attorney?

Yes, a principal can appoint more than one agent in a power of attorney arrangement. When there are multiple agents, they can be authorized to act:

• Jointly: Agents must make decisions together.

• Severally or Independently: Each agent can make decisions without the other's involvement.

• Jointly and Severally: Agents can make decisions together or independently.

Having more than one agent can provide a system of checks and balances, but it can also lead to disagreements and complicate the decision-making process.

Transferring Power of Attorney

Can a Power of Attorney Assign Another Power of Attorney?

The simple answer is generally no. A power of attorney cannot assign their authority to another person unless the original POA document expressly grants them that power. Such a clause is uncommon because the principal has typically chosen a specific person or persons they trust to act as their agent.

Delegation of Duties

However, an agent may delegate some duties to others if it's in the principal's best interest and if the power of attorney document doesn't prohibit it. For example, the agent might hire a financial advisor to manage investments or an attorney to handle legal matters. But this delegation is not the same as transferring the entire power of attorney.

What If the Agent Can No Longer Serve?

If the original agent can no longer fulfill their role due to illness, death, or unwillingness to serve, the power of attorney document should have provisions for successor agents. The successor steps in to take over the duties of the agent according to the terms of the POA document.

Legal Guardianship vs. Power of Attorney

It's also worth distinguishing between power of attorney (POA) and legal guardianship. In cases where the principal does not have a POA and becomes incapacitated, the court may appoint a legal guardian to make decisions on their behalf. This legal guardianship gives the guardian similar powers to what an agent would have under a POA, but it is a court-supervised arrangement.

Creating a Power of Attorney Document

When creating a power of attorney document, it's important to consult with a legal professional to ensure that it:

• Clearly defines the scope and limitations of the agent's power.

• Includes provisions for successor agents if necessary.

• Specifies the conditions under which the POA is effective and when it terminates.

Transferring Power of Attorney

If a principal wishes to change their agent, they must revoke the existing power of attorney and create a new one. Here are the steps involved in transferring power of attorney:

Revoking an Existing Power of Attorney

The principal must provide a written notice of revocation to the current agent and any institutions or parties that were aware of the original POA. This notice should be notarized and dated.

Creating a New Power of Attorney

After revoking the previous POA, the principal can execute a new power of attorney document, appointing a new agent. This document should be signed, witnessed, and notarized following the legal requirements of the state.

Notifying Concerned Parties

The new agent should be given the authority to notify any institutions, such as banks or healthcare providers, about the change in representation.

Legal Documents and Formalities

As with any legal document, there are formalities that must be observed when creating, revoking, or transferring a power of attorney:

• Notarization: Most states require POA documents to be notarized.

• Witnesses: Some states also require witnesses to sign the POA.

• State Laws: POA laws can vary from state to state, so it's important to follow the specific legal requirements of the jurisdiction where the POA will be used.

Conclusion

In conclusion, a power of attorney cannot typically assign their authority to another person, unless specifically allowed by the principal in the POA document. When changes are needed, the principal must revoke the existing POA and create a new one.

It's essential to consult with a legal professional when dealing with power of attorney arrangements to ensure that all legal documents are properly prepared and that the principal's wishes are clearly articulated and legally enforceable.

The power of attorney is a powerful legal tool that requires careful consideration and planning. By understanding the limitations and responsibilities of this arrangement, principals and agents can work together to ensure that the principal's affairs are managed effectively and in accordance with their wishes.

Let a Houston Power of Attorney Law Firm Help You Today

Creating Power of Attorney documents does not need to be a lengthy or intimidating process. A Houston lawyer at Your Legacy Legal Care can help with identifying needs, assigning or changing agents, and more.

Call or message our Houston Power of Attorney Lawyers to discuss your goals today.

Getting named successor trustee for a loved one’s trust is an honor. It means that someone in your life trusts you to act in their interests in the moments following their death. However, it is also natural for many people to feel overwhelmed by this responsibility.

Managing a trust that provides instructions for asset distribution after someone’s death comes with several complex legal, estate tax, investment, and compliance obligations. Without relevant expertise, the chances of mismanaging trust funds increase considerably.

As Texas-based estate planning attorneys, we have seen firsthand the pitfalls people face as they administer the trust they have been left to deal with. With guidance from an experienced trust administration attorney, you can feel assured that all trust duties are handled appropriately.

How Trust Administration Works in Texas

In most cases, administering a trust begins at the time of the trust creator’s death.

When this happens, the trustee must:

1. Finalize Trust Assets: Collect information on accounts, titles, deeds, etc. to verify trust ownership. Obtain official date-of-death values, the death certificate, and appraisals.

2. Pay Debts/Expenses: Settle any unpaid medical bills, taxes owed, and trustee/administration fees from trust funds.

3. Manage Investments: Make prudent investment choices aligned with the needs of beneficiaries while preserving capital.

4. Oversee Compliance: File required annual trust tax returns. Maintain thorough accounting records regarding each transaction. Consider trust accounting services where needed.

5. Distribute Assets: Follow the distribution instructions in the trust document. Provide statements and communications to beneficiaries regarding distributions.

On top of these duties, trustees must understand and carefully adhere to relevant trust, tax and probate laws. The Texas Estates Code and Probate Code provide many strict procedural rules trustees must follow. Staying compliant minimizes legal liability.

But without proper legal, financial, and administrative knowledge, successfully balancing these competing trustee duties proves extremely difficult.

Why Settlors Designate Family or Friends as Trustees

If administering a trust seems so complex, why does the settlor name a family member or friend as successor trustee rather than a professional?

Reasons typically include:

1. Greater perceived trust in someone they personally know – Settlors often assume friends/family will show better care, judgment, and integrity than an unknown third party.

2. Desire to reduce trust administration fees – Appointing a corporate trustee usually means higher ongoing service fees, while naming a relative provides perceived cost savings.

However, these reasons are often based on assumptions about professionals’ skills and priorities. The truth is corporate trustees receive thorough training to handle trust administration and prioritize the beneficiaries’ interests.

Professionals ultimately help simplify the process for beneficiaries rather than making it more confusing or costly.

Risks of Using a Non-Professional Successor Trustee

Becoming a trustee without enough legal and financial experience can cause problems later on.

Some common issues that untrained trustees face include:

1. Analysis Paralysis – Lacking experience with trust administration procedures causes delays or inaction. Some successor trustees even refuse the appointment once learning what it entails.

2. Increased Litigation Risk – Well-intentioned mistakes stemming from ignorance of probate code requirements open the door to disgruntled beneficiaries trying to contest the trust.

3. Poor Investment Decisions – Investing trust assets improperly can severely erode a decedent’s financial legacy for heirs rather than preserving it.

4. Tax & Reporting Noncompliance – Failure to handle required tax filings and account documentation appropriately also invites litigation from frustrated beneficiaries and fines from governmental agencies.

Legal liabilities and mismanagement risks prove a constant challenge for trustees who do not know what they are doing.

Without a thorough working knowledge of trusts and estates’ legal and financial intricacies, trustee liability and mismanagement pitfalls abound for unsuspecting family/friend appointees.

Why Hire a Corporate Trustee for Trust Administration

Naming someone without enough training as your trustee can lead to legal and money problems later on. Instead, picking a professional corporate trustee offers more reliability for you and the beneficiaries.

Some benefits of using a corporate trustee like a trust company or law firm include:

1. Specialized Expertise: They focus fully on estate and trust administration. Corporate trustees get extensive legal, financial, tax, and investment training to manage different trusts.

2. More Protections: They closely follow all fiduciary duty, compliance, and risk management laws protecting beneficiaries. Their credit, assets, and longevity provide added safety.

3. Consistency: A company trustee won’t pass away or resign like a person might. This allows steady guidance of your trust for many years.

Choosing a corporate trustee is better for upholding a settlor’s wishes while protecting heirs’ inheritance money.

We Guide Successor Trustees Through Administration Duties

If you have recently been appointed successor trustee for a Texas trust, please know that our attorneys are here to help you navigate this role successfully. Whether you have a thorough grasp of fiduciary duties or feel totally lost regarding the next steps, we offer reliable guidance so you can serve the trust’s beneficiaries smoothly and compliantly.

With decades of combined Texas trust administration experience, the attorneys at Your Legacy Legal Care™ help simplify the complex trust hand-off process for successor trustees of all knowledge levels.

We provide actionable direction regarding:

1. Collecting and securing trust assets

2. Navigating debts, expenses, and investments

3. Meeting filing requirements

4. Distributing according to the settlor’s instructions

5. Avoiding personal liability

Embark on your trust administration journey with Your Legacy Legal Care™. Contact us today to ensure precision in crafting your assets, passing them seamlessly into the hands of those you cherish the most.

When you have a loved one with disabilities, there’s a lot that goes into planning for their future. You want to help provide for them financially, but you don’t want money or assets to interfere with their eligibility for public benefits.

It’s hard enough to cover their health costs, let alone figure out their finances should something happen to you.

That is why special needs trusts help so much. These specialized accounts supply vital support for supplemental needs without messing with benefits programs.

What is a Special Needs Trust?

A special needs trust, also called a supplemental needs trust or SNT, is a personal legal arrangement allowing another person to manage and hold assets in trust for a disabled beneficiary needing public assistance.

SNTs can significantly enhance beneficiaries’ quality of life by providing funds for disability-related services and expenses not sufficiently covered by needs-based benefit programs.

An SNT is a crucial planning tool permitting beneficiaries to maintain eligibility for Supplemental Security Income, Medicaid, housing assistance, and other public aid while accessing funds held in trust to cover supplementary support related to their disability.

Types of Special Needs Trusts

There are three standard special needs trusts in estate planning.

First-party or Self-Settled Special Needs Trusts

A first-party special needs trust (self-settled trust) is funded with the beneficiary’s assets. Proceeds often originate from a personal injury settlement, disability benefits award, inheritance from a family member, or other assets owned by the individual with disabilities.

However, these trusts have one drawback – under certain circumstances, the beneficiary’s estate may need to reimburse Medicaid with funds remaining in the trust after the beneficiary’s death – a requirement not applicable to third-party SNTs.

Third-Party Special Needs Trusts

A third-party special needs trust is funded with assets belonging to someone other than the disabled beneficiary. Typically, a family member or other third party who wants to provide supplemental support funds the trust so the special needs beneficiary won’t lose access to public benefits.

The trust creator (settlor) can also retain continuous oversight over the administration of trust funds if desired.

Pooled Special Needs Trusts

A pooled SNT allows multiple special needs beneficiaries to have separate accounts within a single trust administered by a nonprofit organization.

While more restrictive rules may apply regarding allowable expenses, a pooled trust can provide specialized oversight. It may be more affordable than privately drafting and administering a standalone SNT, especially when contributing fewer assets.

The nonprofit trust manager handles ongoing administration and compliance assurance for the beneficiaries.

Why Set Up a Special Needs Trust?

A correctly structured SNT allows disabled individuals deemed eligible for means-tested public assistance programs like Medicaid, SSI, Section 8, and SNAP to access supplemental private funds that enhance their quality of life without jeopardizing these vital benefits.

Key reasons families may choose to establish a special needs trust include:

1. Maintain eligibility for needs-based government benefits.

2. Fund disability-related services and products not fully covered.

3. Provide oversight and management of assets for beneficiaries lacking capacity.

4. Avoid complications of direct inheritance or assets for the beneficiary.

5. Specify the distribution of trust assets after the beneficiary’s death.

An SNT can significantly improve the beneficiary’s quality of life through careful compliance and coordination by funding therapies, transportation, personalized housing, education costs, recreation, and other expenses.

How to Fund and Set Up a Special Needs Trust

Properly funding and establishing a legally compliant SNT requires the help of a special needs estate planning attorney to ensure public benefits are maintained.

Key steps include:

Identify Funding Source

Familiar sources used to fund special needs trusts include court settlements, inheritances, assets from divorce proceedings, life insurance payouts, Social Security back payments, military survivor benefits, and third-party family contributions.

Hire an Attorney to Draft the Trust

Only a properly drafted SNT by an experienced special needs planning attorney can ensure trust-asset management will not cause ineligibility for vital government assistance. Maintaining SNT compliance also requires unique legal expertise.

Designate a Trustee

Choosing an appropriate trustee with the capacity and commitment to manage trust funds is essential. Some specialize in administering special needs trusts. Family or friends may serve if meeting legal standards.

Transfer Assets into the Trust

Once legally executed, the settlor must correctly fund and administer the trust to achieve the intended benefits for the beneficiary. These duties may require liquidating and repositioning assets under the guidance of counsel.

Key long-term success factors include designating backup trustees, retaining experienced legal counsel, taking great care to avoid basic compliance mistakes, authorizing trust expenses, and maintaining thorough documentation.

What Can Funds in a Special Needs Trust Be Used For?

While a special needs trust cannot directly replace government benefits, it can pay for a wide range of disability-related services and products not sufficiently covered by programs like Medicaid and SSI.

Allowable SNT expenses may include:

1. Uncovered medical costs, equipment, therapies, and medications.

2. Transportation, accessible vehicles, and paratransit services.

3. Housing rent, accessibility modifications.

4. Caregiving respite services, therapies, aides.

5. Education and training assistive devices, tutors.

6. Recreation, adaptive activities, travel, and entertainment.

Strict record-keeping and oversight are necessary here. A Texas estate planning attorney can help you with accounting and funding compliance issues.

Contact Your Legacy Legal Care to Set Up Your SNT

Attempting to draft SNT instruments or managing trust matters on your own places beneficiaries at significant risk of losing access to vital support.

Partnering with reliable Texas estate planning attorneys allows for creating strong, compliant, and effective trust documents that provide an enhanced quality of life for a loved one’s unique needs.

Contact the dedicated trust attorneys at Your Legacy Legal Care for a consultation today. Our law firm has many years of experience advising Texas families on SNT funding strategies, public benefits preservation, and developing customized care.

Kim Hegwood recently was a special guest on the Parent Projects Podcast to discuss the crucial topic of “Becoming a Power of Attorney.”

Kim’s extensive experience in estate planning and elder law allows her to provide invaluable insights to the Parent Projects’ national audience and offers listeners a comprehensive understanding of the responsibilities and significance associated with being appointed as someone’s agent for power of attorney.

This episode serves as a valuable resource for individuals that are navigating the complex landscape of legal decision-making. The information provided in this episode will give you clarity on the fundamental aspects of these legal documents and empower you to make informed choices regarding your own or your loved one’s affairs.

Be sure to tune in to the latest episode as we discuss the various types of powers of attorney documents and explain their distinct purposes and implications. We also discuss common misconceptions surrounding powers of attorney, debunking these myths and clarifying these misconceptions that could hinder your ability to make an informed decision.

From statutory durable power of attorney to healthcare directives, Kim explains the nuanced differences between them and highlights the importance of selecting a trusted person to serve in this type of capacity should you be unable to make your own decisions.

Click the photo below or click here to listen to our special episode and subscribe to the Parent Projects Podcast!

We want to take this opportunity to thank Parent Projects not only for having us on the podcast, but to also thank them for everything they do to help make the transitions that may take place in our loved ones’ golden years as seamless as possible!

If you find yourself being appointed as someone’s agent for power of attorney and need guidance, contact our office at (281) 218-0880 or schedule online at to meet with a member of our client services team today!

#ElderLaw #estateplanning #PowerofAttorney

When a parent starts experiencing rapid health decline or shows signs of self-neglect due to dementia or other cognitive issues, it often falls on adult children to quickly step in.

Seeking emergency guardianship through the courts is one way to legally gain decision-making ability when your parent’s safety and well-being hang in the balance.

Emergency guardianship is a complex legal process with strict requirements. While hoping a parent regains the capacity to care for themselves is ideal, the reality is that progressive conditions often necessitate putting a caregiver legally in charge.

Our Texas law firm has extensive experience guiding families through emergency and permanent guardianship cases. We can help you understand the steps, file the paperwork, and ensure the best outcome for your loved one.

Recognizing When to Seek Emergency Guardianship

As difficult as it is to consider legally stripping a parent of their rights, certain situations make emergency guardianship unavoidably necessary:

1. Alzheimer’s or dementia – a drastic increase in memory loss, confusion, or poor judgment indicates a parent is unable to make sound health and financial choices or safely care for him or herself.

2. Unsafe living conditions or self-neglect – hoarding, lack of utilities, an unsanitary home, or improper eating all demonstrate the need for intervention.

3. Negligent financial transactions – suspicious bank withdrawal activity, unpaid bills, and threats of service cut-off suggest a parent can no longer manage finances responsibly.

4. Sudden health events cause a disability – stroke, fall, or heart attack leading to either temporary or permanent incapacity requiring legal decision-making.

Alternatives to guardianship, like power of attorney, may provide the ability to make decisions that are needed. In the absence of alternatives and if there is an immediate danger to the parent or their estate, a court petition for emergency guardianship may be necessary to protect a parent or their estate.

Understanding the Emergency Guardianship Process in Texas

Texas Estate Code allows temporary emergency guardianship of up to 60 days, or you may file for permanent control immediately. The process may involve multiple agencies, healthcare providers, and legal approvals:

1. The Texas Adult Protective Services may be investigating elder abuse, neglect, or exploitation allegations if a report is made.

2. Temporary guardian shall be appointed with limited powers if substantial evidence is presented that the person may be incapacitated and there is probable cause to believe that the person or their estate requires the immediate appointment of a guardian to protect the proposed ward against imminent danger.

3. If there are no actions that can be taken to protect the parent and the parent is in imminent danger of harm to their person or estate, then a temporary guardian may be appointed.

4. The guardian will be authorized to make the decisions necessary to protect the parent from harm in the immediate future. The temporary guardian may be authorized to make health care decisions, decide residence, or make financial decisions depending on what is necessary to protect the parent.

5. After 60 days, the court can extend the temporary guardianship if circumstances warrant it, or an individual who has completed the permanent guardianship application process may be appointed permanent guardianship.

The court will always favor the least restrictive alternatives to guardianship and only authorize the guardian to make those decisions that the parent is without the capacity to make for themselves. Our attorneys can help craft a guardianship strategy for your parent’s needs.

Qualifying for Emergency Appointment of a Guardian

To qualify for emergency guardianship, you have to prove there is an imminent threat of danger to their person or estate.

Specifically, Texas law requires:

1. Showing risk factors that jeopardize the parent’s health and welfare without quick intervention, like self-harm, lack of food or water, or living conditions that endanger safety.

2. Showing that no other alternatives are viable, such as medical power of attorney to arrange their care until the guardianship hearing.

How to Get Emergency Guardianship of a Parent

If believing emergency guardianship may be necessary to protect your parent, the process involves the following:

1. Choosing guardianship needed – temporary(60-day) or permanent.

2. Filing emergency application -outlining the circumstances that are causing immediate danger to the person or property and what authority is necessary to protect the person

3. An Attorney Ad Litem is appointed to represent the potential ward. Attending court hearing – judge decides whether to appoint an emergency temporary guardian.

4. Officially granting guardianship – you gain limited authority to make decisions necessary to protect the ward

We guide families through assembling the necessary medical and background paperwork and represent your case in court.

Ensuring Your Parent Gets Proper Care Under Guardianship

Gaining permanent guardianship is just the first step to getting a parent suffering from dementia, Alzheimer’s, or other incapacity the support they need.

A permanent guardian’s responsibilities include:

1. Monthly visits to determine that the Ward is taken care of.

2. If the court has an assigned court investigator, they will visit annually to make sure the Ward’s needs are being met.

3. Annual Reports/Accounts: The guardians are required to file annual reports on the condition and well-being of the Ward and also file annual accountings for the Ward’s estate.

4. Utilizing community resources – Texas Guardianship Services provides experienced, accountable guardians when no family can serve.

5. Prioritizing least restrictive care – consider assisted living instead of nursing homes or allow financial oversight versus complete control.

6. Respecting the rights of the incapacitated person – make the best choices for medical care, living situation, and social engagement.

While temporary guardians are able to protect their loved ones in the short term, permanent guardians have an opportunity to improve lives during incapacitation.

This role comes with complex responsibilities but also the immense capacity to uphold dignity and personhood. With compassion and pragmatism guiding the way, guardians enable supportive solutions so that life continues on one’s own, fulfilling terms for as long as possible.

Our Texas Guardianship Lawyers Can Help

Emergency guardianship is necessary to protect loved ones in immediate danger, but permanent guardianship allows for long-term management of a parent’s affairs and aligns them with progressive health condition changes. Our guardianship lawyers at Your Legacy Legal Care™ can help you decide whether to file for temporary guardianship or make it permanent.

We counsel guardianship needs, focusing on your loved one’s comfort, dignity, and best interests.

If you need to pursue emergency guardianship of a parent in Texas, trust our dedicated attorneys to guide your family compassionately through this complex process. Reach out today to schedule a consultation.

When a loved one passes away, it can bring out the worst in some family members. Greed and entitlement rear their ugly heads as certain relatives try to get more than their fair share of the inheritance.

As estate planning attorneys, we have seen this scenario play out far too many times. Families that were once close can become bitterly divided over money and possessions left behind.

In this post, we want to have a thoughtful yet straightforward conversation about how to handle greedy family members after a death. We will share some of the common tactics we see and offer tips on how to move forward. We will also discuss making sure that your own estate planning documents are in order so this doesn’t happen when your time comes.

Watch Out for These 5 Inheritance-Grabbing Tactics from Greedy Relatives

We have seen more than our fair share of “inheritance vultures.” These are relatives who essentially prey upon other family members’ grief and loss for their own financial gain.

While each situation has its nuances, there are some common plays we see family members employ to angle for more inheritance assets. Being aware of these schemes can help you spot questionable behavior right away and address it properly.

Here are some of the typical tactics they tend to use:

1. Sweet-Talking and Sympathy Ploys

Some of the most cunning inheritance vultures will initially act very kind, overly helpful, and seem to take a strong interest in supporting other relatives. Don’t be fooled, though – this is often a ploy to butter up widowers, executors, etc., before making a big “ask” for money, property, or other valuables. We call this the “kindness carpet pull” scheme.

2. Crocodile Tears

These actors can turn on the waterworks to try to elicit sympathy and make others feel guilty if they don’t comply with demands. Sob stories abound, along with the “woe is me” routine. It’s emotional manipulation purely meant to weaken resistance to giving them more.

3. Veiled Threats or Ultimatums

One of the more infuriating plays in the book is making what seems like outright threats or ultimatums. “If you don’t give me that car, you will never see your grandkids again.” – be prepared for bullying attempts of this nature. It preys on fears and vulnerabilities while aggressively angling for assets.

4. Questionable Documentation

Greedy family members might also conveniently “find” documents allegedly demonstrating the deceased person intended for certain items or funds to go to them…how convenient! Don’t take it at face value. With help from a qualified estate planning attorney, verify the legitimacy of all legal documents before moving forward with distributing assets.

5. Challenging Competence or Undue Influence

Finally, if they can’t produce conflicting documentation, they may resort to contesting the wishes of the deceased via will and trust contests. They may make claims that the deceased was not mentally capable of signing them or was unduly influenced by others.

Comments like “Dad had dementia – he must not have known what he was doing” or “His new wife clearly took advantage and made him change his will” are red flags.

If this happens, stay calm and know that incompetence is very hard to prove if the documents were legally executed. Speculation alone won’t hold much weight. Our estate planning attorneys at Your Legacy Legal Care™ build in safeguards to protect you from undue influence. So, have confidence in the documents unless concrete facts prove otherwise.

Dealing With Contested Inheritances: How to Outmaneuver Greedy Relatives

​​Regrettably, some relatives let greed overpower decency when inheritances are involved. They pressure, manipulate, or outright threaten legal action to gain more assets.

Beyond deep hurt from their actions, you may feel overwhelmed navigating it all. Take heart – there are steps you can take to fight back, especially when backed by legal guidance.

Step 1: Review Signed Documents Thoroughly First

Closely review any formal estate planning documents like wills, trusts, etc. Whatever is codified, there is what governs asset distribution. If you spot discrepancies with what greedy family members claim, point to the hard evidence in writing. However, without a will or formal estate plan, your state’s intestacy laws will determine inheritances.

Step 2: See Through Smoke and Mirrors

Do not let empty words or vague threats rattle you. Request to see legitimate paperwork backing up their assertions. If they hem and haw without producing proof, you can reasonably stand upon the estate plan’s validity.

Lawyers who stir up inheritance disputes bank on beneficiaries giving in to intimidation. Fight back by gathering documentation and securing your own legal representation to challenge empty threats.

Step 3: Set Healthy Boundaries

Even when a relative causes conflict, grieving families often still care about them. You may feel tempted to give in little by little to keep the peace.

However, going along with unreasonable demands typically enables more of the same behavior later on. Setting clear, firm boundaries protects your interests and makes expectations clear moving forward. It can also cause the other party to re-evaluate their actions.

Step 4: Spot Signs Early

Looking back, many people see that greedy or controlling relatives showed warning signs even before a death happened. But when someone dies, grief can make it hard to see the truth about people.

Thinking about whether you noticed any warning signs earlier can help you decide if relatives’ claims are real and how to respond. Being prepared ahead of time is helpful.

Step 5: Divide and Conquer No More

A common strategy greedy relatives use is turning people against each other. When grieving, people can be more easily manipulated.

Joining together with others named in the will gives important emotional support and a united front based on facts. Working together makes it harder for lies to spread.

Getting past money issues after a death takes courage, wisdom, and commitment. But staying on the right path helps honor your loved one the right way. With patient friends and value-based advice, you can overcome selfishness.

Step 6: Get Help From a Probate Attorney

When beneficiaries threaten legal action against an estate, the most critical step is consulting a trust and estate litigation lawyer immediately. Contested wills and inheritance battles often come down to which party has the best legal resources and strategy.

Capable probate attorneys assist in numerous ways during times of duress, including:

1. Reviewing estate documents to identify any holes inheritance challengers could exploit so those can be reinforced proactively

2. Formally establishing the estate plan’s validity via declarations and communications with the contesting parties

3. Helping compile evidence related to the soundness of mind, intent, etc., that solidifies your defense

4. Exploring negotiation, mediation, litigation, and other resolution options while outlining risks and costs candidly so clients can make informed decisions

5. Leveraging legal pressure points through cease and desist letters, motions to dismiss unfounded lawsuits, and more.

6. Advising clients at each phase of the disputed inheritance process to prevent rash choices and maximize outcomes

While no one welcomes conflict, informed preparation can curtail much unnecessary stress when will contests loom.

Plan Ahead to Protect Your Legacy

As difficult as inheritance disputes can be, the best way to safeguard your assets and carry out final wishes is through proactive estate planning.

By working with an experienced Texas estate planning attorney to create a properly executed will, trusts, and beneficiary designations, you retain control over who inherits your legacy. Legally sound plans withstand scrutiny and prevent relatives from overturning bequests.

Through comprehensive planning, you also spare grieving relatives from having to battle each other or fend off money-driven inheritance ploys at their most emotionally vulnerable time. They can instead focus on healing and honoring your memory.

Schedule a consultation with Your Legacy Legal Care™ today to customize an estate plan upholding your values. From wills, trusts, and asset protection to legacy giving and contest prevention, our attorneys partner with you to put your family first well into the future.

Contact us today to plan your legacy responsibly and reduce inheritance conflict down the road.

A recent high-profile guardianship proceeding has captured the attention of Houston and has shed light on the intricacies and potential legal pitfalls of one subject to a guardianship matter.

The unfolding drama has not only underscored the importance of understanding guardianship laws but has also prompted a crucial conversation about how individuals can proactively navigate these complexities to prevent legal turmoil for their loved ones (and themselves).

Guardianship matters involve significant decisions that impact the lives and well-being of individuals that have been deemed unable to manage their personal and financial affairs independently. Our goal is to inform you of what guardianship matters consist of and educate you about what you can do to prevent you and your loved ones from being subjected to public court proceedings. If you find yourself or your loved one in need of guardianship, an experienced guardianship attorney is someone to visit with to discuss the options that may be available in your circumstances.

Case Analysis

On November 27, 2023, Robert Cary McNair, Jr. (“Cary”) filed an Application for Appointment of Permanent Guardian of the Person and Estate for his mother, Janice S. McNair. Janice owns interest in the Houston Texans NFL Franchise and is the Senior Chairman of the Texans and, according to the Application filed by Cary, is allegedly incapacitated and unable to make her own medical and financial decisions.

As of now most of the pleadings filed with the court are sealed due to a Temporary Sealing Order, but according to the Harris County Probate Records, the guardianship is being contested by Janice and her son, Daniel Calhoun McNair. Both Janice and her son, Daniel, have filed Affidavits with the court stating that not sealing the records of this proceeding will cause immediate and irreparable harm to all parties involved due to the confidential nature of the information that will be submitted to the court.

While most guardianship proceedings are available to the public, the judge assigned to this case has signed a Temporary Sealing Order that restricts the public’s view of the pleadings until an Order has been signed to permanently seal the court records.

How to Avoid Guardianship Disputes

According to the pleadings filed with the court that are currently available, in addition to the Application filed, Cary McNair also filed copies of Janice McNair’s Medical Power of Attorney and Statutory Durable Power of Attorney.

While these documents are executed to help prevent the need of guardianship, it does depend on what these documents allow an agent to do on your behalf.

Limiting the authority of the person you appoint as your agent may cause the need for a guardian in the future.

Properly executing legal documents such as a medical power of attorney, statutory durable power of attorney, and other healthcare directives is imperative so you can avoid being subject to a time-consuming and costly court process.

Some of the documents that your estate plan should consist of include:

1. Statutory Durable Power of Attorney

2. Medical Power of Attorney

3. HIPAA Authorization

4. Directive to Physicians (also known as a Living Will)

5. Declaration of Guardian

6. Last Will and Testament

7. Living Trust

Having a comprehensive estate plan is of paramount importance as it serves as a strategic tool to navigate life’s uncertainties and avoid potential issues such as guardianship and probate. Working with an experienced estate planning attorney can help provide peace of mind knowing that you and your loved ones will be properly protected throughout life’s “what ifs”.

The Importance of Reviewing Your Estate Plan

Regularly reviewing estate planning documents is a cornerstone of responsible financial and personal management, emphasizing the dynamic nature of life’s circumstances. Proactive planning involves not only creating a comprehensive estate plan but also staying attuned to changes in one’s life, assets, and relationships. Life events such as marriages, births, divorces, or changes in financial status can significantly impact the efficacy of an estate plan. By revisiting and updating documents such as wills, trusts, and power of attorney regularly, individuals ensure that their plans remain aligned with their current intentions and the ever-evolving legal landscape.

Plan Today

While the high-profile guardianship proceeding involving the owner of the Houston Texans, Janice McNair has shone light on the complexities of a guardianship process, it has also illuminated the importance of planning for tomorrow. Proactive planning can minimize the risk of having to go through an expensive, public, and time-consuming court process that the McNair family is currently facing, ensure your intentions are accurately represented, and provide a solid foundation for protecting your loved ones.

Engaging with an experienced estate planning attorney is a crucial step in this journey. Contact Your Legacy Legal Care™ today so we can provide you with peace of mind and security amid life’s uncertainties. Call us at (281) 218-0880 or schedule online here to get started today!

How to Create a Living Trust in 5 Simple Steps

Estate planning conversations often circle back to that mysterious legal entity – the living trust. If you’re a Texas resident considering estate planning, you may have heard about these tools and wondered if one is right for you.

A living trust can be a powerful legal tool with many benefits, allowing you to avoid probate, spare your family headaches, and even minimize taxes under the right circumstances.

While living trusts have some complex legal aspects, most people really just want the basics – what are these documents in reality, and how do I create one?

Lucky for you, creating a living trust distills down to 5 essential steps when structurally sound guidance lights the way. In this blog, we unlock the secrets to forming this powerful part of your legacy plans through simplified actions bringing legal terminology down to earth.

What is a Living Trust, and How Does It Work?

A living trust is a legal estate planning document created during your lifetime “inter vivos” rather than at your death like a will. It allows you to place assets like your home, investments, or personal property “into trust” (a separate entity) to be managed by a trustee for the benefit of trust beneficiaries.

Unlike a will, which only goes into effect at your death, you can use a properly executed and funded Texas living trust to manage your assets while you’re still alive. This feature can be helpful, especially if you become incapacitated due to an illness or injury.

Parties In a Trust Arrangement

There are three main parties in a basic living trust arrangement:

1. Grantor – This is you, the person creating the trust. You determine the terms and conditions, name a trustee, and designate beneficiaries. You can name yourself as the trustee if desired.

2. Trustee – The trustee manages the assets placed inside the trust according to the trust agreement. Successor trustees take over if the first trustee dies or can no longer serve.

3. Beneficiaries – The people or organizations who receive assets from the trust. You designate primary and contingent beneficiaries.

Once you draft, execute, and fund assets into the trust, you officially give up individual ownership and control over the property. Under Texas law, the trustee has a fiduciary duty to manage and distribute trust assets in your best interests and only as legally allowed.

This separation of asset ownership and control makes trusts powerful estate planning vehicles.

Benefits of Setting up a Living Trust in Texas

Living trusts offer several advantages that make them a popular choice for estate planning in Texas, including:

Avoiding Probate

The primary benefit is avoiding probate for property transferred into your living trust, simplifying estate matters after your passing. The court-supervised probate process can be quite lengthy and costly in Texas. It also makes all your assets public record, exposing sensitive financial information.

Property left in your will must go through probate before beneficiaries can access it. A living trust lets you ensure that the property it holds can circumvent this process entirely after your death. A probate lawyer will guide you through the probate process in Texas.

Privacy

In most situations, living trusts are much more private than probated wills since they allow you to avoid court involvement after death. Only the trustee and beneficiaries know your trust’s details and contents.

Possible Tax Savings

Certain types of trusts, like irrevocable income or property trusts, can minimize estate taxes when properly structured. Our trust lawyers can advise if any tax planning trusts may benefit your specific situation.

While Texas does not have a state estate or inheritance tax, you could still face federal estate taxes without proper planning. Even revocable living trusts may allow for some tax savings at the margins.

Managing Your Affairs If Incapacitated

Unfortunately, many of us may become incapacitated by illness or injury before we pass away. Your living trust includes contingency provisions so someone you choose can step in to manage the trust assets when you become impaired. Many Texans find this an invaluable benefit, sparing relatives from court-supervised guardianship of a minor child.

While a will does nothing to help while you are alive, your living trust plan keeps working even if you become incapacitated.

Step-By-Step Guide to Creating a Living Trust in an Estate Plan

If you want greater certainty over what will happen to your assets when you pass away or become incapacitated, read on for step-by-step instructions on making your living trust in the Lone Star State.

Step 1. Choose a Trustee

Start by deciding on an initial trustee to manage trust assets and administer distributions to beneficiaries per the trust agreement. Many Texas grantors name themselves trustees to simplify control and reduce costs during life.

Just be sure to name a successor trustee who can take over handling trust administration if you die or otherwise cannot continue serving – with clear guidance around the trustee succession order spelled out in the agreement.

You also have the option to appoint a corporate trustee, like a trust company or bank, instead of naming friends or family members. This feature costs more but provides neutral, professional asset administration.

Step 2. Designate Beneficiaries

Next, name primary and contingent trust beneficiaries – those who will receive distributions of income, principal, or assets at certain events (like your death) as defined in the trust agreement.

Spouses with joint property often name each other as primary beneficiaries. Children are common choices, too. You can split percentages between multiple beneficiaries.

When naming minors, consider if custodial trusts may be appropriate to provide some oversight of assets until beneficiaries reach an age you deem sufficiently mature.

Step 3. Draft and Execute the Trust Agreement

Now, work with a skilled Texas estate planning attorney with whom you establish a fiduciary relationship to draw up tailored trust documents reflecting your goals.

Documents should cover issues like:

1. Exact trust property descriptions.

2. Beneficiary rights to income and principal.

3. Trustee powers and limitations.

4. Trust rules around asset management.

5. Trustee succession order.

6. Contingency plans if beneficiaries die before you.

7. Instructions for final asset distribution.

Relying on pre-made, “one-size-fits-all” internet trust forms is extremely risky and not advised. After you execute all necessary documents, your attorney can assist in recording deeds or property titles and storing original documents securely if needed later.

Step 4. Fund the Trust

This vital step involves retitling assets from your name over to the trust ownership. Work methodically through the accounts and property you want to be held in trust, filing the correct paperwork that transfers legal and beneficial ownership.

Remember that any assets not properly transferred into your trust by your death may need to go through probate. Also, fund your trust right away after execution for optimal results. Your attorney can guide you on meeting funding requirements.

Common assets placed into Texas living trusts:

1. House and other real estate.

2. Financial and retirement accounts (stocks, bonds. etc).

3. Artwork, jewelry, collectibles.

4. Life insurance if avoiding estate tax is desired.

5. Business shares or ownership stakes.

How Funding a Living Trust Works

A living trust has no real effect until it is “funded” by retitling assets from your personal ownership to ownership by the trust.

Typical steps are:

1. Open a new bank or brokerage account in the name of the trust.

2. Execute new deed paperwork to transfer real estate into the trust.

3. File change of ownership and beneficiary paperwork on financial accounts.

4. Retitle vehicles and boats by changing registration.

5. Update property and casualty insurance policies.

Texas law does not require special transfer taxes or filings when you transfer property into or out of a living trust, which keeps costs down.

You must adequately fund your living trust for it to work as intended. Our estate planning attorneys can assist you in doing everything correctly.

Now that you understand the basics of a living trust and its functions, let’s examine why creating one can benefit Texas residents.

Contact us for more information about this critical process.

Step 5. Maintaining and Modifying a Texas Living Trust

Simply signing your living trust documents alone doesn’t finish the process. Proper ongoing funding, management, updates when life changes happen, and responses to notices are critical over the years ahead.

The Trustee’s Key Role

Your hand-picked trustee plays one of the most vital parts in keeping your Texas living trust running smoothly after creating it. The role of a trustee typically includes:

1. Adding newly acquired property into the trust.

2. Investing, protecting, and growing trust assets.

3. Paying taxes and expenses.

4. Making beneficiary distributions if you become incapacitated.

5. Wrapping up trust affairs if you pass away.

Signing on as trustee is a major commitment requiring time, diligence, and impartiality in carrying out fiduciary duties.

Modifying Beneficiaries or Assets

Need to change designated beneficiaries or trustee succession details as time goes on? Or do you want to update the property held in trust after creating it?

If you structured your living trust as revocable, you retain total flexibility as a grantor to alter anything whenever you wish. You simply file trust amendments with a Texas estate planning attorney whenever life events impact your plan – marriages, births, relocations, deaths, etc.

Transfer any after-acquired property into the trust to keep it aligned with your current reality.

When The Trust Terminates

Upon the grantor’s death, specific administrative steps must happen before a living trust can wind down and distribute assets, including:

1. The trustee files final tax returns for trust activity.

2. Assets appraised to value the estate.

3. The trustee formally notifies all beneficiaries.

4. Outstanding debts and expenses are paid.

5. The remaining property gets distributed to beneficiaries per trust instructions.

6. The trustee files a termination certificate, legally closing the trust.

At this point, your living trust has protected and passed on your legacy.

Is a Living Trust Right for You?

As you can see, living trusts involve some upfront effort to set up a trust. Still, these trusts provide substantial long-term benefits including incapacity provisions, simplifying your estate. Avoiding probate and court involvement, shielding families from hassles, and even minimizing taxes make them handy estate planning tools for many Texans.

We hope this guide gave you valuable insight into what’s entailed when creating a living trust in the Lone Star State. Your next step is to schedule a consultation with one of the estate planning lawyers at Your Legacy Legal Care to explore whether adding a customized living trust to your plan may be worthwhile.

Trust us to guide you in making better legal decisions, benefitting you and your loved ones for generations to come.

Contact us today to start a conversation. Our team looks forward to assisting with all your Texas estate planning and living trust needs.

Thoughtful estate planning allows us to care for our loved ones even when we can no longer be with them. For most, the first step in this journey is outlining their wishes and intentions for their estate in a last will.

But with so many different types of wills available, how do you know which is the right fit for your situation? Basic wills, holographic wills, and pour-over wills all have different purposes.

To light your way, our will lawyers will explore the key aspects in everyday terms.

By understanding what makes one will different from another, you can embrace peace and purpose as you plan.

What is a Last Will and Testament?

First, let’s review the basics. A last will and testament is a legal document communicating a person’s final wishes regarding their property and dependents.

It identifies beneficiaries who will take from the estate and an executor to oversee the estate settlement. Wills may also outline arrangements for heirs requiring special care.

Elements that all wills have in common include:

1. Naming beneficiaries to receive property/assets.

2. Appointing an executor to handle estate administration.

3. Directing asset distribution to beneficiaries.

4. Nominating guardians for minor children.

5. Establishing trusts to manage assets.

6. Covering debts, taxes, and expenses.

7. Outlining funeral and burial instructions.

Crafting a customized will allows you to distribute your property as intended, avoiding disputes between heirs. It also helps minimize estate taxes to preserve more value for your beneficiaries.

Legal Will Requirements in Texas

For a will to be legally valid in Texas, it must hold specific criteria:

1. Testator (person making the will) must be at least 18 years old.

2. Testator must be of “sound mind” when making/signing the will.

3. Will must be signed by the testator.

During the execution of the will, these additional requirements apply:

1. Have at least two credible witnesses aged 14+ sign

2. Notary, optional, though recommended.

Meeting these elements of a valid will ensures the document accurately reflects your intent and will stand up to legal scrutiny after you pass away. Our estate planning attorneys stay current on the state’s will drafting rules.

One Size Does NOT Fit All: Types of Wills in Texas

Texas recognizes several types of wills, each with pros and cons and specifics regarding creation and use.

Formal or Attested Wills

These testamentary documents are the most commonly used in Texas. The testator and two witnesses aged 14 and over must sign formal or attested wills in each other’s presence. After proper execution, the witnesses sign an affidavit swearing the testator wasn’t incapacitated or under duress.

Key attributes of a formal will include:

1. Testator signs in the presence of two witnesses aged 14 years or older.

2. Witnesses sign affidavits regarding the testator’s capacity.

3. Holds clear and unambiguous terms.

4. Higher fraud protection with witnesses.

5. Attorney drafted and reviewed (recommended).

This will type provides excellent fraud protection and minimizes uncertainty when interested parties question its validity. The witness requirement prevents undue influence, fraud, or coercion on the testator.

At the same time, the affidavits deter disputes over testamentary capacity questions. For those with substantial assets or complex estate plans, a customized formal will crafted by a probate attorney is ideal to ensure optimal execution of your wishes.

Holographic or Handwritten Wills in Texas 

Holographic wills are written, dated, and signed in the testator’s handwriting. No witnesses are required. And the testator can create the instrument privately without legal help. Flexibility and convenience make these testamentary documents suitable for those with minimal assets or simple wishes.

However, the lack of witness testimony and potential ambiguity in its handwritten terms make will challenges more likely after the testator passes away.

Attributes of a Valid Holographic Will:

1. Entirely in the testator’s handwriting.

2. Dated and signed by the testator.

3. No witness requirements.

4. Convenience for simple estates.

5. Risk of unclear terms or instructions.

When properly executed, heirs and beneficiaries can readily admit these wills to Texas probate. The courts often authenticate the testator’s handwriting by comparing it with other samples.

While convenient, the lack of witness protection makes holographic wills more vulnerable to will dispute claims like testamentary capacity or probate fraud. Unclear instructions can also prompt disputes between heirs. Thus, holographic wills are generally best reserved for smaller, simple estates.

Pour-Over Wills

Pour-over wills work in conjunction with separate living trusts that direct property distribution. First, the courts admit the will to probate. Then, any property in the probate court “pours over” into the trust. Often used for larger estates, a living trust handles asset distribution among heirs and beneficiaries according to the trust agreement. A pour-over should only be necessary when the trust is not fully funded.

Key Features Include:

1. Assets transfer to a living trust.

2. Pour-over will covers the remaining assets not funding prior to death.

3. Trust handles principal distributions.

4. Will ties up loose ends.

5. Ideal for more extensive or complex estates.

Combining a living trust with a pour-over will let you direct valuable asset distribution through the trust with precision while unfunded assets will be in probate court and poured back into the trust.

When to Modify an Existing Will

Even with a formal valid will in place, changes in life circumstances make periodic modification of your will essential. Some common scenarios that compel prudent updates of testamentary documents include:

1. Marriage or Divorce – asset distribution and beneficiaries often need modification to reflect new marital status conditions.

2. Birth or Adoption of Children – reassess guardianship decisions when minors enter your estate.

3. Purchasing Property outside of Texas – ensure your will is valid under the laws of states where you own property, and review distribution wishes accordingly.

4. Health Changes – updating is wise if diminished health requires more care oversight for heirs.

5. Tax Law Changes – revised estate tax exemptions or adjustments may enable your heirs to take more from the estate.

Beyond life events, periodic reviews help catch out-of-date instructions or beneficiary info. We recommend that testators conduct formal will evaluations every 2-3 years. Please reach out if you need assistance amending your will to prevent disputes or unwanted outcomes for heirs.

Tailor Your Texas Will To Your Legacy – Call Now

No matter which type of will you select, periodic updates to your will are essential as life circumstances evolve.

Contact us at Your Legacy Legal Care™ in Texas anytime to evaluate changes and ensure the courts properly fulfill your last wishes.

We offer personalized guidance about each available will type in Texas to serve your unique needs and priorities.

Cher’s recent decision to file for conservatorship over her son, Elijah Blue Allman, sheds light on the importance of estate planning in managing complex family situations and potential crises. While it is a challenging time for Cher and her family, there is a valuable lesson for everyone in the significance of having a well-thought-out estate plan.

Why Cher Filed for Conservatorship

According to pleadings filed with the Los Angeles Superior Court, Elijah’s struggles with severe mental health and substance abuse issues have necessitated Cher’s intervention, which has emphasized the crucial role an estate plan plays in navigating such circumstances. Ideally, an estate plan should be comprehensive. This means that your plan should not cover only death and the distribution of your assets, but also contingencies for potential incapacity during your lifetime.

One key aspect of estate planning is the appointment of someone you trust to manage financial and medical decisions in the event of your incapacity or inability to make those types of decisions yourself. Without these, many families and loved ones find themselves grappling with the legal complexities of a guardianship proceeding, as seen in Cher’s case. Hiring an estate planning attorney is an important step to be proactive to ensure you or your loved ones don’t have to endure what Cher is currently going through. An estate planning attorney will help you with the process of drafting legal documents, such as powers of attorney and healthcare directives, to help avoid having to go through a time-consuming and expensive court process.

How Cher’s Situation Could Have Been Avoided

These powerful legal instruments not only empower you to make these important decisions about who to appoint to make critical decisions on your behalf but can also prevent the need for court-appointed guardians. Eliminating the need for guardianship will help reduce stress and potential conflicts within families during already challenging times.

Estate planning is not just for the wealthy (or the elderly); it is a crucial process for anyone looking to protect their interests and well-being of their loved ones. Cher’s situation serves as a reminder that life is unpredictable, and having a comprehensive estate plan is a responsible and loving choice.

Beyond the legal implications, estate planning also involves thoughtful consideration of family dynamics and individual needs. Part of the planning process is expressing your wishes regarding your healthcare, end-of-life decisions, and the legacy you wish to leave behind.

How An Attorney Can Help Avoid Guardianship In Texas

Working with an experienced estate planning attorney allows you to create a customized plan that is tailored to your individual needs and family dynamics. Regardless of celebrity status or amount of wealth, everyone can benefit from a well-considered and carefully executed estate plan. Planning ahead is what could have prevented Cher from having to endure a public court proceeding and could have also prevented Britney Spears from being subject to the conservatorship she was released from in 2021 after 13 years. Reach out to our team at Your Legacy Legal Care® to take the first step in securing your legacy and ensure the well-being of your loved ones by calling (281) 218-0880 or schedule online here.

Probate court is a place where the stories of people’s lives unfold. It’s where emotions run high, where the past meets the present, and where the future is shaped.

As the surviving loved ones, you are tasked with distributing assets, paying off debts, filing taxes, and more. It’s a lot to take on while mourning.

Having an experienced probate attorney to guide you makes all the difference during this difficult time. At Your Legacy Legal Care, our team has helped countless families navigate Texas probate courts.

We know this process can feel daunting and confusing, especially when you’re grieving. Our goal is to empower you. In this guide, we walk through the key steps of what happens in probate court so you can feel fully prepared and supported.

What Documents Are Needed for Probate?

The probate of an estate in Texas involves preparing and filing various legal documents throughout the proceedings.

Some of the core documents include:

1. Last Will and Testament – This document executed by the deceased outlines their final wishes for distributing their estate. It must be filed initially to commence probate.

2. Application to Probate Will – This application is filed to initiate the probate process and officially request the appointment of an executor.

3. Letters Testamentary – After a hearing and the Court approving the will, the Court issues these letters after appointing an executor. They verify the executor’s legal authority to act on behalf of the estate.

4. Inventory, Appraisement, and List of Claims – The executor must file this inventory, providing a complete list of the decedent’s assets and liabilities.

5. Notice to Creditors – The executor must publish a notice in order to notify any potential creditors of the estate administration.

6. Estate Tax and Income Tax Returns – The executor must file all required final individual, estate, and inheritance tax returns.

7. Final Accounting and Petition for Distribution – This accounting and petition requests court approval to distribute assets to beneficiaries and close the estate. It is not necessary in independent administrations unless the will or a beneficiary requests the accounting.

Proper preparation and filing of these documents is critical to moving efficiently through the probate process.

What is the Probate Process in Texas?

When a person passes away without leaving a valid will, their estate must go through probate court if they own real estate, oil and gas, and minerals, as well as any asset without a beneficiary designation. This involves a series of legal procedures intended to collect assets, pay debts and taxes, and distribute property to beneficiaries according to the will.

Here is a more in-depth look at what happens in each phase of probate court proceedings:

Initiating Probate by Filing a Petition

The first step is to file a petition with the appropriate county probate court in Texas to officially commence proceedings. This petition asks the court to admit the decedent’s last will and testament to probate and appoint the executor named in the will.

Initial Court Hearing to Appoint the Executor

At the initial court hearing, the probate judge reviews the will to validate it. The judge then officially appoints the executor named in the will to oversee administering the estate.

Notifying Beneficiaries and Creditors

The executor must provide proper legal notice to all beneficiaries named in the will and to any known creditors. This allows interested parties to assert any claims on estate assets and funds.

Filing an Inventory of Assets and Liabilities

The executor must file a detailed inventory that accounts for all of the decedent’s assets as well as any outstanding debts and liabilities.

Handling Claims Against the Estate

The executor must address any claims made against the estate by creditors. This involves reviewing claims for validity, negotiating repayment, and using estate funds to settle legitimate debts.

Filing Necessary Tax Returns

The executor must file applicable tax returns on behalf of the estate, including estate tax returns. Any taxes owed must be paid out of estate proceeds.

Distributing Assets to Beneficiaries

Once all valid claims and taxes are paid, the executor distributes the remaining assets to the beneficiaries as outlined in the decedent’s will.

Closing the Estate

Finally, the executor can petition the court to close the estate after completing administration and distribution. Once approved, the executor is discharged from duties by the judge. Most will not file to close the estate as it is more costly to reopen if assets are found in the future.

Variations to the Typical Probate Process

While standard probate with a valid will follows the main steps outlined above, there are some common situations that can alter the usual proceedings:

1. Small Estates – If the estate value is under $75,000, it may qualify for simplified small estate procedures.

2. Contested Wills – If the will’s validity is challenged by heirs or beneficiaries, probate can be significantly prolonged through litigation.

3. Claims Against the Estate – Disputes over debts owed or asset ownership can complicate probate, potentially requiring negotiation or legal action.

4. Lengthy Asset Sales – If assets like real estate must be sold during probate, this can extend timelines considerably compared to liquid assets.

Having an experienced probate attorney allows us to help you navigate any variations from normal proceedings. We have the legal skills to handle complications and customize our counsel to your specific situation.

How an Attorney Can Guide You Through Probate

Having an experienced probate attorney assist you through the probate process can be invaluable. A knowledgeable probate lawyer can ensure that all of the required legal filings and notices are handled properly and deadlines are met.

They will help you gather and prepare the necessary documentation, such as the inventory of estate assets.

A probate attorney can also negotiate creditor claims against the estate and make sure any required taxes are filed and paid correctly. They will counsel you on your options for distributing assets to beneficiaries and closing out the estate according to the specifications in the will.

Overall, having an estate planning attorney to guide you helps the probate process go as smoothly and efficiently as possible while avoiding costly legal errors. Their counsel can prove invaluable well beyond the closure of the estate, too, as they can continue assisting you with any residual matters related to the estate or probate proceedings even after the court formally closes the case.

Don’t Navigate Probate Court Alone – Your Legacy Legal Care Can Guide You

Going through probate can be complex and emotionally draining – but you don’t have to go through it alone. The dedicated attorneys at Your Legacy Legal Care provide tailored guidance through the probate process when there is a valid will.

We will handle the proceedings on your behalf so you can focus on honoring your loved one’s wishes.

Our decades of combined probate experience in Harris County, Galveston County, Brazoria County, Chambers County, and Liberty County allow us to protect your rights, efficiently execute the will, and ensure proper asset distribution. We are your compassionate legal partners, here to support you every step of the way.

Contact us today to schedule a consultation – we’re ready to help you move forward during this difficult time.

Losing someone you love is hard enough without money concerns weighing you down. But after their passing, your grief now comes with Texas-sized probate costs. Between attorney’s fees, appraisal costs, creditors, court charges, and more, probate expenses can quickly snowball. 

You want to honor your loved one’s wishes, but are probate fees draining their estate?

Navigating probate while grieving is overwhelming without understanding the real costs. Get the information you need to preserve assets and gain closure. In this post, we break down the average probate fees in Texas so you know what to expect. Learn the costs involved, what influences the price, and how our probate lawyers can help you along the way.

What is Probate?

Probate is the court-supervised process for administering a deceased person’s estate. It involves validating the will, inventorying assets, paying any outstanding debts, and finally distributing the remaining property to the rightful heirs.

The probate process takes place in a specialized probate court, with a judge overseeing the proceedings. Depending on the situation, probate can take anywhere from six months to two years to fully complete.

Texas Probate Fees

There are several main categories of fees and costs associated with probate in Texas:

Court Costs

Probate fees can vary significantly by county in Texas. The probate court charges filing and publication costs over the proceedings, but totals are set at the local level. For example, in Chambers County, the probate filing fee is $411, while in Liberty County, it’s $420.

Some other common probate costs include:

1. Inventory filing fee (if filed 90+ days after appointment)

2. Claims against the estate filing fee

3. Letters of testamentary issuance fee

Executor Fees

The executor or personal representative of the estate is entitled to compensation for their administration duties. Texas law states that an executor can be paid up to 5% commission as standard compensation for what comes into the estate and what goes out of the estate (10% total).  This does not include the sale of real property when a realtor is involved or the decedent’s current bank accounts. 

This commission is based on funds that are received and paid out in the course of administration of the estate. They may also be entitled to alternative compensation under special circumstances, such as when the commission is unreasonably little, or they had to go above and beyond in managing a business of the estate.

Appraisal Costs

If the estate includes real property, business interests, jewelry, art, or other uncommon assets, professional appraisals may be needed to determine fair market value. Appraisal fees vary depending on the asset type and appraiser. 

Attorney Fees

Probate attorneys typically charge based on an hourly rate, and the total fees can be influenced by the complexity of the case, the attorney’s experience, and the location.

If you own property in another state as well, attorneys may charge a percentage of the estate’s value instead of an hourly rate. This percentage can range from 1% to 5% or more.

Estimating Your Probate Costs — An Example

Probating a will in Texas involves various court costs, executor fees, appraisal charges, and attorney bills. Expenses can add up quickly, so understanding common probate fees in Texas can help you budget appropriately.

Let’s look at a hypothetical scenario to illustrate potential costs for a $500,000 estate going through probate in Chambers County:

Court Costs

1. Initial probate filing fee

2. Inventory filing fee

3. Letters of testamentary issuance fee

4. Other minor court costs

Executor Fees: Up to $25,000

1. 10% of $500,000 estate value if no real estate nor decedant’s bank accounts

Appraisal Costs: Around $5,000

1. Professional appraisals are needed for real estate, jewelry, art, etc.

Attorney Fees

1. Fees are based on reasonable hourly rate and time spent on the case

Total Probate Costs =  $60,000++

So, in this hypothetical case, the total fees could amount to around 9-11% of the overall estate value. Costs vary case by case, but this illustrates the major expenses involved. Understanding the potential costs allows proper planning and budgeting.

What Impacts Probate Costs in Texas?

Because each situation is unique, it’s impossible to know the exact cost at the outset. But several factors influence the total cost of probate in Texas, including:

1. Size of the Estate — Larger estates have disproportionately higher probate costs. For a $100,000 estate, total fees might be $14,000. But for a $1 million estate, fees could reach $100,000 or more.

2. Complexity — The more complicated the estate, the higher the legal bill will likely be. Contested wills, family disputes over inheritance, separate business valuations, out-of-state property, and estate litigation can all drive up costs quickly. Working with an experienced probate attorney is essential in these cases.

3. Location of Assets — If some estate assets are located in another state, ancillary probate proceedings will be required in that state. This adds separate court and attorney fees for those assets.

4. Type of Assets — Difficult or unconventional assets like ownership shares in small businesses, intellectual property, digital assets, and cryptocurrency often necessitate specialized legal and tax expertise. 

Juggling these different factors can be a lot to handle, adding emotional and financial stress to an already difficult situation.

A knowledgeable probate lawyer can handle all court filings and give you an estimate of what to expect.

This lifts a huge burden on family members already grieving their loss. The attorney also ensures full compliance with each step of the complex probate process, avoiding costly mistakes or omissions. If disputes arise, your attorney can mediate and negotiate on your behalf. For large or contentious estates especially, legal expertise is invaluable.

How to Avoid Probate in Texas

For those wishing to avoid the costs and delays of probate, there are several options:

1. Living trusts transfer property outside of probate but require planning and legal fees upfront.

2. Joint tenancy with the right of survivorship automatically passes property to the surviving owner.

3. Transfer-on-death accounts and payable-on-death assets name beneficiaries who can take ownership directly and pass outside of probate.

4. Gifting assets while living also removes them from the future probate estate but could cause tax implications and prevent eligibility for long-term care benefits.

An estate planning attorney can advise whether these probate avoidance strategies make sense for your specific situation.

Take Control Over Your Legacy

Losing someone you love is painful enough without the added stress and cost of probate. The experienced estate planning attorneys at Your Legacy Legal Care are here to guide you through this challenging process. Having helped hundreds of families through probate in Harris, Galveston, Brazoria, Chambers, and Liberty Counties in Texas, we bring compassion along with solid legal knowledge.

Our goal is to help you honor your loved one’s wishes while minimizing costs and complications for you and your family. We know this is an emotional time. Let us handle the legal complexities so you can focus on healing. 

Contact us today for an initial consultation to discuss your probate situation in complete confidence. The sooner we can get involved, the more we can do to streamline the process for you.

If you’re like most people in Texas, your home and other real estate make up a significant portion of your total assets. You have invested a lifetime of hard work and savings into your property. So what will happen to it when you’re gone?

For many, the best way to ensure their real estate passes on as they wish is using a trust. Trusts provide you control over your assets while avoiding potentially lengthy and costly probate court proceedings after your death.

At Your Legacy Legal Care, we have helped hundreds of Texas families set up trusts tailored to their unique needs and assets. In this article, we’ll explore the key benefits our clients have experienced from putting their property into a trust.

What Types of Real Property Can Go Into a Trust?

In Texas, the main types of real property assets that can be transferred into a trust include:

1. Houses

2. Condos

3. Land

4. Rental properties

5. Commercial property, such as office buildings, retail space, and warehouses

6. Any legal interest in real estate, such as easements, mineral rights, water rights, leaseholds, etc.

All forms of real property in Texas can be conveyed to a trust for administration during your life and future distribution to beneficiaries.

The Many Advantages of Putting Property in a Trust

Placing your real estate into a customized trust provides numerous benefits for Texas property owners. Below, we will explore the key perks of titling your property in a trust:

1. Avoid Probate to Transfer Property Faster and Cheaper

The top reason Texas homeowners put their property into trusts is to avoid probate. The court-supervised probate process can sometimes take over a year in Texas. All assets in the deceased person’s name must pass through probate before being distributed.

With a trust, your property transfers immediately to beneficiaries without probate. This saves significant time, legal fees, and court costs associated with probate.

Texas allows independent probate administration, but even this streamlined process takes a minimum of 6 months and has court filing requirements. A properly structured trust lets you transfer real estate faster and without the hassle and cost of probate.

2. Maintain Privacy Over Your Assets and Plans

Probate records are public in Texas, meaning anyone can find out the details of the estate’s assets, debts, and distributions. Trusts maintain complete privacy over your property and estate plans.

The terms of your trust stay private. Only your chosen beneficiaries and the trustee need to know the details. Keeping sensitive information secret can help avoid family disputes over inheritances.

3. Protect Assets from Creditors and Lawsuits

Placing property in certain types of trusts, like irrevocable spendthrift trusts, can protect it from your creditors and beneficiaries’ creditors even after inheriting trust assets.

This can be important for beneficiaries in high-liability professions like medicine. Trusts can also help insulate property from divorcing spouses, lawsuits, and other claims.

4. Safeguard Your Property if Incapacitated

Unfortunately, many adults eventually become incapacitated by illness or declining mental capacity before death. Trusts include legally binding instructions for how your property should be managed if you become incapacitated or unable to make decisions.

This avoids the need for a court-appointed conservatorship over your assets. Your hand-selected trustee will step in to manage the trust according to your wishes in the event of incapacity.

5. Avoid Family Disputes and Will Contests

Heirs sometimes challenge wills in Texas probate court, especially when they feel treated unfairly. However, property transferred via a trust is not part of the probate estate.

This makes it virtually impossible for disgruntled relatives to contest your wishes or try to claim a portion of trust assets. Trusts help avoid bitter family fights over the estate.

6. Modify Plans Easily as Circumstances Change

Wills become locked at the time of death, but trusts can be updated. You can amend the trust terms anytime if your relationships, financial situation, or intentions change.

This flexibility allows you to modify your plans when needed rather than being stuck with an outdated will.

Putting Property Into a Trust is Easier Than You Think

Now that you know the many potential benefits of placing property into a trust, you may wonder how complicated the process is. We are here to tell you that it’s actually quite straightforward.

Here is an overview of the simple steps:

1. Work with an estate planning attorney to draft your trust agreement. We will help tailor it to your unique assets, intentions, and beneficiaries.

2. You will sign a new deed transferring your property into the trust. As the Grantor, you transfer ownership to yourself as the Trustee of the trust.

3. We record the deed with the county to officially document the new ownership by the trust.

4. Your dedicated trust attorney assists with any needed coordination with lenders, tax authorities, insurance, etc.

We strive to make the process hassle-free from start to finish. Don’t hesitate to reach out if we can answer any questions or provide a free trust consultation.

Types of Trusts for Real Property in Texas

The main kinds of trusts that can hold real estate in Texas include:

1. Revocable Living Trust: The most popular trust for property transfers in Texas. You retain complete control and can modify it anytime.

2. Irrevocable Trust: Removes assets from your taxable estate and provides creditor protection. It cannot be changed once created.

3. Testamentary Trust: Outlines management of assets and is created in your will, taking effect at death, and requires probate first to set it up.

4. Bypass/Credit Shelter Trust: Commonly used by married couples to double the federal estate tax exemptions for each spouse.

5. Spendthrift Trust: Protects inheritance from beneficiaries’ creditors and misuse by limiting their control.

6. Special Needs Trust: Holds assets to provide for disabled beneficiaries without affecting government benefits.

7. Charitable Trust: Leaves property to charity but allows the donor to retain income interest during life.

8. Land Trust: Holds real property anonymously while retaining control through the beneficial interest, which is the equitable right to receive profits from the property.

The most common voluntary trusts for real estate are revocable trusts, irrevocable, testamentary, and bypass trusts. Your Legacy Legal Care can help you determine the best trust option for your specific circumstances and goals.

Ensure Your Real Estate Is Handled as You Wish

Ultimately, trusts give you total control over your real estate. Your trustee will carry out your instructions for managing and distributing trust assets after your lifetime.

Without a trust, your property would pass via default intestacy laws, which may differ from your intentions. A customized trust allows you to ensure your real estate is handled exactly as you want.

Trusts offer significant advantages for Texans who want to maximize control and privacy over their property while minimizing legal fees. Consult a Texas estate planning attorney to craft a personalized trust providing the benefits you seek.

Take the Next Step to Protect Your Legacy With an Estate Planning Attorney

Get help from a Houston Estate Planning Lawyer putting a property into a trust in Texas. You worked hard to acquire your home and other real estate. Now, let’s make sure it stays in the family. A trust allows you to pass them to heirs securely and privately after your lifetime.

The skilled attorneys at Your Legacy Legal Care have decades of combined experience setting up customized trusts to meet our clients’ unique needs. If you’d like to learn more about which type of trust is right for your situation or to seek assistance with trust administration, we offer complimentary initial consultations.

Contact us today to schedule a call and implement your legacy plan. The time to prepare is now.