A Will can…

1. eliminate costly intestate (dying without a will) Administration fees;

2. let you determine who receives your property instead of the State of Texas deciding it for you;

3. allow someone of your own choosing (a trusted family member or friend) to control the distribution of your assets rather than the court deciding for you and then charging your estate to approve the distribution of your assets.

Note: Your Will has no legal effect until death and may be changed by you at any time before your incapacity or death.

Our Simple Will allows you to:

1. Specify who receives your property upon your death;

2. Name an Independent Executor to handle your affairs and distribute your estate without oversight of the probate court;

3. Include non-complex contingent trusts to provide for minor children; and,

4. Identify preferred Trustees for the trusts for minor children.

A basic contingent trust places any minor or incapacitated person’s inheritance into a trust upon your death – potentially saving thousands of dollars in court and guardianship costs. If a contingent trust is created in a Will, and the contingency is applied, the trustee named in your Will manages the property or distribution until the contingent trust terminates.

For example, if a contingent trust is created for your minor child, the property distributed to your minor child would be placed into a trust until the child reaches a certain age (specified by you), at which time the child will receive some or all of the original distribution plus earned interest, depending on when and how you choose the assets to be held and eventually distributed. Without such a trust, your child may be forced to open a Guardianship, which is costly and will be supervised by the Probate court.

Most importantly, your Simple Will services includes relevant in-person professional advice and counsel –things you cannot get from an online service or form book. Anyone can fill in a form. That’s not what we do.

We will meet with you for an initial conference, at which time we will ask questions and raise issues of concern that we see every day and warrant a discussion. We will discuss what might be best for you and your circumstances, provide you guidance with regard to beneficiary designations, explain and clarify unintended consequences that may arise from improper bank account titling that currently may exist for you.

Next, we will draft and deliver an initial version of your Will for review and invite a discussion of any issues, questions, or concerns that you may have. Then we will revise (if necessary) and finalize your Will. Next, we schedule a formal Will signing ceremony, provide the notary services, the required witnesses, and supervise the proper execution of your Will. A properly executed and notarized Will maximizes its enforceability and helps eliminate the need to have witnesses appear in court after your death to testify and “prove-up” your will. Finally, we provide you with your Will in hard copy and digital format.

One of the most difficult passages of the aging process is diminished capacity, which can occur because of disease or injury, and result in the need for someone to assume the responsibility of decision making on your behalf. When it comes to someone making decisions on behalf of another, Texas law helps those who plan ahead by allowing you to prepare directives in advance of your need. These advance directive documents provide clear direction and control when you cannot, thereby saving you precious time and money.

Advance planning has two significant benefits. First, it allows you to designate who you want making decisions on your behalf in the event you are unable, thereby allowing you to exercise control and autonomy over your life even after losing the ability to directly participate in the decision making process. Second, by allowing you to name the individual to serve in this role prior to your incapacity, it helps diminish the anxiety and confusion surrounding choices to be made by your family and friends.

There are a number of mechanisms that allow an individual to decide who will make certain decisions about money, business, health and end-of-life issues should incapacity occur and, to the extent possible, how decisions are to be made.

The legal process for determining how a person’s property and debts are handled after death is known as “probate.” Generally, probate law determines how a decedent’s property should be collected and managed, how and when her debts should be paid, and who is entitled to her remaining property.

The need for some type of probate procedure after a decedent dies largely depends on whether the decedent left behind any probate assets. Many assets of a decedent (e.g., homes, cars, household furnishings) are probate assets—that is, assets subject to the typical probate processes governing how a decedent’s assets are to be distributed after death. But some assets - referred to as non-probate assets - are not subject to these distribution rules and pass outside of probate through beneficiary designations, rights of survivorship, and other similar mechanisms (e.g., 401(k)s, IRAs, bank accounts, life-insurance proceeds. While some type of probate procedure is usually advisable if the decedent died with probate assets, it may be possible to avoid probate altogether if the decedent died with only non-probate assets and no creditors.

An Executor is the person appointed by the Probate court to gather a deceased person’s assets, pay creditors, and distribute real property and personal property according to someone’s Will.