Whether you are needing a will and related estate planning documents, or want a will probated, the attorneys at Pratt & Thomas will provide confidential, personal and compassionate legal counsel.
Wills & Probate
Wills
A Will is a document that disposes of your property upon your death. It passes your property to the person or persons you designate in the Will. Anyone age 18 or over needs a Will. If you die without a will, Texas statute provides who your heirs will be.
Medical Powers of Attorney & HIPPA Releases
With the Medical Power of Attorney, you can appoint an agent to make medical decisions for you in the event that you become unable to make those decisions for yourself. The HIPAA Release and Authorization allows your agent or other designated persons access to your medical records and information.
Declaration of Guardians
Parents with minor children should appoint a guardian for their minor children in case both of the parents do not survive until the children reach the age of majority (18 years of age in Texas). This can be accomplished by including guardianship language in your Will. If one parent should die before the children reach majority, the other parent is the natural guardian. If both parents die before the children reach majority and the parents have not designated a guardian for their minor children, the probate court will appoint one for them. A court-appointed guardian may or may not be the person you would have chosen.
Agents for Disposition of Remains
With this document, you can appoint an agent to control the disposition of your remains. You would set forth in the document any special requests you might have such as burial, cremation, a specific funeral home, and other such details. Your agent would make sure your wishes are carried out. A Will is not a good place for these instructions, as generally the funeral is over by the time the Will is read.
Directives to Physicians & Family
With this document, you state whether you wish to be left on life support in the event of a terminal condition (i.e. you are expected to die within 6 months) or an irreversible condition (i.e. you are not necessarily expected to die, but you are not expected to recover), in the opinion of at least two doctors.
Probate
It is better to file a Will for probate, especially if there is real property in the estate. The State of Texas gives us four years in which to probate a Will, but the probate process in Texas is relatively simple if a Will is properly drawn. A word of advice is that if you have a Will, it should be probated. Ultimately, this will probably save your family time and money.
The attorneys at Pratt & Thomas have helped dozens of people with will drafting and probate matters. We will meet with you at no cost to help determine the correct approach to solving your particular issue. We will help you ensure all requirements are fulfilled so that your estate planning goes smoothly.
For a consultation and evaluation of your situation, call us today!
214-741-2186