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Losing a loved one is never easy, and the probate process can be a challenging time for everyone involved. Once probate is over in Texas, you may think that everything is settled and taken care of, but there are still several important steps that you need to take. There is a lot to consider, so we’ll explore post probate actions in Texas and how a Houston probate lawyer can help you navigate this process with confidence. Understanding Probate in Texas Before we dive into what to do after probate is over, it is important to understand what probate is and how it works in Texas. What is Probate? Probate is a legal process to distribute a deceased person’s assets to their heirs or beneficiaries. The probate process typically involves several steps, including the validation of the will, the appointment of an executor or administrator, the payment of debts and taxes, and the distribution of assets. How Does Probate Work in Texas? According to Texas probate law, the probate process is governed by the Texas Estates Code. The process typically begins when the executor or administrator files a petition for probate with the probate court. The court will then validate the will (if there is one) and appoint an executor (if there is a will) or administrator (if no will) to oversee the distribution of assets. Once all debts and taxes have been paid, the executor or administrator will distribute the remaining assets to the beneficiaries. What to Do After Probate is Over in Texas Once probate is over, there are several important steps that you need to take to ensure that everything is properly settled. 1. Obtain Certified Copies of the Death Certificate The first step after probate is to obtain certified copies of the death certificate. You will need these copies to close accounts, transfer assets, and handle other matters related to the deceased person’s estate. You can obtain certified copies of a death certificate from the Texas Department of State Health Services. 2. Review the Will and Trust Documents After probate, you should review the will and any trust documents to ensure you understand your rights and responsibilities as a beneficiary. If you have any questions or concerns, it’s important to consult with a probate attorney who can help you navigate the legal process. 3. Transfer Assets to the Beneficiaries Once the assets have been distributed, you must transfer them to the beneficiaries. This may involve closing accounts, transferring titles, and other legal processes. It’s important to follow the proper procedures to ensure everything is done legally and ethically. 4. File Estate and Income Tax Returns After probate, you must file estate and income tax returns for the deceased person’s estate. This includes filing a final income tax return for the deceased person and an estate tax return (if necessary). If you are unsure how to file these returns, consulting with legal and tax professionals is important. 5. Close the Estate In Texas, it is not the norm to formally close the estate. If assets are found in the future, it is easy to transfer them to the estate. Need Help Navigating Post-probate Actions? A Houston Probate Attorney Can Help Probate can be a complex process, but navigating it successfully with the right guidance is possible. Following these five steps after probate is over in Texas, you can ensure that everything is properly settled and that the deceased person’s wishes are honored. If you are struggling to understand the post-probate process and what is required of you, Your Legacy Legal Care™ in Houston can help you navigate these steps ethically, legally, and with as little stress as possible. Contact us today to schedule a consultation. FAQ: Post-probate Actions Do I need an attorney to handle the probate process in Texas? While having an attorney during and after probate in Texas is not legally required, most all Courts will require you to hire an attorney. A probate attorney can guide and assist throughout the process, ensuring everything is done properly and legally. What happens If there is no will? If someone dies intestate (with no will), the probate court will appoint an administrator to oversee the distribution of assets according to Texas intestacy laws. This can be a more complicated process, so it’s important to consult with an attorney if you’re in this situation. How long does probate take in Texas? The length of the probate process in Texas can vary depending on several factors, including the complexity of the estate and any disputes that arise. It can take several months or even a year or more to complete. Can beneficiaries contest a will after probate is over? In some cases, beneficiaries may be legally able to contest a will after probate is over if they believe it was not executed properly or have other legal grounds for contesting it. It’s important to consult an attorney if you are considering contesting a will. What happens if a beneficiary can’t be located after probate is over? If a beneficiary can’t be located after probate is over, the assets may be held in the registry of the court until the beneficiary is located. A Houston trusts lawyer can help you create this document and ensure the assets are protected until they can be properly distributed.

Are you a Texas resident looking for simple ways to avoid probate? Probate can be a time-consuming and costly process involving the court overseeing your assets’ distribution after your death. Luckily, there are several strategies you can employ to bypass probate and ensure a smoother transfer of your estate to your loved ones. This article explores four simple ways to avoid probate in Texas. With these easy-to-implement methods, you can save time and money while ensuring that your assets are distributed according to your wishes without going through probate. 1. Establish a Revocable Living Trust You can easily avoid probate in Texas by setting up a revocable living trust. With a revocable living trust, you have full control over your assets during your lifetime, and they are smoothly transferred to your beneficiaries upon your passing. Some other benefits of a revocable living trust include: Privacy: Unlike wills, which become public records upon probate, a revocable living trust provides privacy as the distribution of assets remains confidential. Incapacity planning: A revocable living trust allows for the seamless management of assets in the event of the grantor’s incapacity or inability to handle their affairs. The successor trustee can manage the trust assets without court intervention. Flexibility and control: As the grantor, you can modify or revoke the trust anytime, giving you flexibility and control over your assets during your lifetime. Protection against challenges: Revocable living trusts can help minimize the risk of legal challenges to your estate plan, as they are harder to contest than a traditional will. All in all, creating trust means your loved ones can receive their inheritance more quickly and efficiently, saving them time and money. 2. Designating Beneficiaries on Financial Accounts By designating beneficiaries on your financial accounts, you can ensure that your hard-earned savings in these accounts are passed directly to the individuals you choose, bypassing the probate process altogether. This saves time and money and provides a smooth transition of assets to your loved ones. Some accounts to add beneficiary designations to include: Bank Accounts: This includes checking accounts, savings accounts, money market accounts, and certificates of deposit (CDs). Retirement Accounts: Such as Individual Retirement Accounts (IRAs), 401(k) plans, 403(b) plans, and pension plans. Life Insurance Policies: Term and permanent life insurance policies can have designated beneficiaries. Certificates of Deposit (CDs): In addition to bank CDs, there are also brokered CDs with designated beneficiaries. It’s important to note that the rules and options for adding beneficiaries may vary depending on the financial institution and the specific type of account. It’s recommended to consult with an estate planning attorney to ensure proper beneficiary designations for your accounts. 3. Creating Joint Ownership with Rights of Survivorship Another popular option for avoiding probate in Texas is creating joint ownership with rights of survivorship, which allows you to share ownership of an asset with another person and ensures that the asset automatically transfers to the surviving owner upon your death. This can be a beneficial co-ownership arrangement for avoiding probate through estate planning. For example, let’s say you own a house with your sibling as joint tenants with rights of survivorship. If you pass away, your sibling will automatically become the sole owner of the house without the need for probate. 4. Using Transfer-on-Death (TOD) Deeds for Real Estate Transfer-on-Death (TOD) deeds allow you to transfer the ownership of your property directly to your chosen beneficiary upon your passing without the need for probate. This means that the property can be transferred smoothly and efficiently, saving time, costs, and potential disputes. When opting for a TOD deed for your real estate, there are three important factors to consider: Beneficiary Designation: You must clearly specify who will inherit the property upon your passing. It’s crucial to choose someone who’s trustworthy and capable of managing the property responsibly. Contingent Beneficiaries: In case your primary beneficiary predeceases you or is unable or unwilling to accept the inheritance, it’s wise to designate contingent beneficiaries as backups. Recording Requirements: To make sure that your TOD deed is effective and enforceable after your passing, it must be properly recorded with the appropriate county clerk’s office where the property is located. To use a Life Estate deed for real estate planning and probate avoidance in Texas, you will need to ensure that Life Estate deeds are legally recognized in your state and understand the specific requirements imposed by Texas law. Consider consulting an estate planning lawyer to guide you through the process. Consulting an Experienced Texas Estate Planning Lawyer Can Help You Avoid Probate When it comes to avoiding probate in Texas, consulting an experienced estate planning lawyer is crucial. Estate planning laws can be complex and vary from state to state, making it essential to have a professional who understands the intricacies of Texas law. Our experienced Texas estate planning lawyer at Your Legacy Legal Care can help you create a comprehensive plan that minimizes the chances of your estate going through probate, ensuring a smooth transition of assets to your loved ones. Don’t leave your legacy to chance; contact us today to secure your family’s future. Contact our office at (281) 218-0880 or schedule online at to meet with a member of our client services team today!

We all want what is best for our families. Ideally, we would like to help loved ones on both ends of the continuum of life: the younger generation with expenses related to college, home buying, and starting their families; and the elder generation with expenses related to retirement, nursing home costs or assisted living situations and long-term medical care, if necessary. You have likely worked hard with exactly these goals in mind. But when it comes to balancing the needs of your family, you do not want one side’s needs to erase the hopes of the other. With careful planning, you can protect your investments for your own retirement and the next generation while still providing quality care for aging family members. Long-Term Care With nursing homes averaging $79,000 a year, and many people living in nursing homes or assisted living facilities for three years (or more) on average, the expense can be staggering. Creating a trust just might be the solution to help your family manage those expenses. Medicaid To be eligible for Medicaid, an applicant’s assets, including income, must be less than a certain amount. If they exceed the financial limits, they will not qualify for Medicaid assistance. In some states, however, that money can be “spent down” – lowering the income or assets right into the Medicaid eligibility range. Certain assets are countable including bank accounts, stocks and bonds, property, cash value of life insurance policies, 401Ksand vehicles. Other assets are “non-countable assets,” which include IRA’s if getting required minimum distributions, primary residences (such as your homestead), personal property, and pre-paid funeral expenses. Irrevocable Trust Shifting a loved one’s assets from “countable” to “non-countable” assets is best done through an irrevocable trust. Under an irrevocable trust, a trustee is named to manage the fund. The trustee takes charge of the day-to-day operations of the fund and is not required to make any specific payments. But the trust also helps enable you or your loved one become eligible for Medicaid. Medicaid does have a look-back period that varies by state that may result in a delay of eligibility and can include penalties. Call An Estate Planning Lawyer to Protect Your Assets from Medicaid Advanced estate planning is pertinent as you prepare for long-term care while protecting your legacy for generations to come. Call us at (281) 885-8826 to find out how our Houston Medicaid Planning Lawyers can help.

Saving for retirement is often a delicate topic for many people. Whether they are worried about when to save, how much to save, or how to save, this is one topic that often has many people perplexed about their future. However, today, more and more people are turning to individual retirement trusts as a way to plan for their future. It has specific tax advantages, and long-term control benefits than many other retirement options, which can help you and your financial future. How Does it Work? Simply put, a trust is an estate planning tool that lets you set aside funds for certain beneficiaries to receive in the future. They can be managed by a third party, known as a trustee both during your lifetime and after your death. An IRA, which is the most common retirement saving plan, prepare you for retirement and provide tax advantages until you are 70 ½ and need to start taking distributions from the account. When these two come together in an individual retirement trust, you can enjoy the tax advantages with an IRA and the long-term control that comes with a trust. It allows you to bypass many of the complex IRS requirements and helps protect your legacy from asset seizure in the future. How Do I Set Up a Retirement Trust? The best way to set up a retirement trust is by meeting with an attorney that specializes in estate planning. While many individuals are able to take advantage of the unique benefits of retirement trusts, they aren’t necessarily for everyone. In most situations, individuals who have significant retirement assets, are tax-sensitive, have been divorced and remarried and those with blended families all find unique perks of retirement trusts. An attorney will be able to go through your individual situation and make sure you have a trust put in place that not only benefits you but any trustees you may have as well. Since every situation and every individual is different, the insight from an estate-planning attorney is necessary if you want to make sure you are making the right decision for you and your family. When planning for your future, the best thing you can do is rely on the expertise of estate planning to make certain that you are not only making smart financial decisions for your present situation but that you are setting up your beneficiaries even after you pass. Since trusts can be manipulated to fit your individual needs, together with an estate planning attorney, you can set up specific trusts that meet your requirements for today and your plans for the future. Proper estate planning can ensure you will stay financially sound well into your retirement while you still maintain some control over how your heirs are receiving their inheritance, even after you are gone. If you have questions about individual retirement trusts, you need to consult a professional attorney for more advice. Call the experts at Your Legacy Legal Care at (281) 885-8826, for all of your estate planning needs. #Retirement #retirementtrust #trust #Trusts

No one enjoys thinking about what will happen when they die, but estate planning can avoid many complications for your family. More importantly, you can make your wishes known for the end of your life and ensure your legacy is solidified. While the primary purpose of estate planning is to ensure you and your family are taken care of, you do not have to limit your plans to only financial matters. You can also use estate planning to pass on your values and highlight your principles. Charitable Gifts While many people prioritize charitable giving each year, many forget to plan for charitable gifts as part of their estate plan. Charities cannot be heirs to an estate unless expressly named in a will or as a beneficiary in a trust agreement. Consequently, it is crucial to discuss including your favorite charities in your estate plan with your estate planning attorney. Donate Assets: Your estate plan can donate assets like art, stocks, cars, or other assets to charities of your choice. Charitable Gift Annuity: You can purchase a charitable gift annuity. The annuity pays a fixed percentage of the gift each year, with the balance paid upon your death. Life Estate Deed: You can create a life estate deed for property you need to retain until death. Upon your death, the property can pass to the charity. Fund Beneficiary: You can name a charity as a beneficiary of your retirement plan or life insurance, and the funds will pass directly to the charity upon your death. Trusts You can also name a charity as a trust beneficiary or create a trust specifically for a charitable purpose. In some cases, you can even include conditions in a trust for family members to encourage pro-social behavior. Charitable Remainder Trust: With this trust, you or people you designate can receive the trust income for a certain number of years or your lifetime. When the trust term ends, your designated charities receive the remaining assets. Charitable Lead Trust: Conversely, with this trust, charities you designate can receive the trust income for the trust term. When the term ends, your beneficiaries receive the remaining assets. Incentive Trusts: While not a specific type of trust, an incentive trust refers to using incentive clauses in a trust to motivate positive behavior, specifying that the beneficiaries may only receive funds upon fulfilling a condition. Incentive clauses can help pass values down to your heirs by encouraging education or charitable giving. Incentive clauses can also discourage self-destructive behaviors like drug abuse or encourage positive behaviors by matching savings or matching salaries for a socially-relevant occupation. Family Foundation If you would like to donate a substantial amount to charities or fund ongoing work, creating a family foundation or donor-advised fund may be an option. You can set up the foundation during your lifetime and donate amounts for specific charities to the foundation. After your death, the foundation can continue to fund your charities or causes of choice. Protect Your Legacy with an Estate Planning Lawyer in Houston If you are revising an estate plan or just beginning the process, Your Legacy Legal Care can provide many comprehensive estate planning services. Call us at (281) 885-8826 or click here to schedule your consultation.

Medicaid rules are designed to protect and shield the assets of the elderly. Those who plan well in advance have more options available to them than those who delay decision-making. Here are a few of the most common Medicaid planning mistakes and what to do instead: Not Using A Lawyer While it is possible to make Medicaid plans without the assistance of an attorney, it is not a good idea. By flying solo, you run the risk of overlooking important details when planning for care or arranging for asset protection. For instance, the eligibility needs of the recipient of Medicaid can be denied if the person has assets or wealth that has been transferred within a certain time frame. When in doubt, it is best to work with a trusted Medicaid planning attorney from the start. Delaying Plans Another common Medicaid planning misstep? Waiting too long to cement plans. The earlier you start planning, the more options you will have available. Unfortunately, many people do not begin to look at their Medicaid and long-term care plans until after they become ill. You can avoid this common mistake by having a discussion with your loved ones and an experienced Medicaid planning attorney about your options well in advance of any potential health issues that may arise in the future. Overlooking Asset Protection Many people fail to realize that asset protection is available for Medicaid recipients. Immediate annuities and spousal allowances can go a long way to guard your assets in times of uncertainty, but many remain ignorant of these options. Unfortunately, it can be difficult for the average Medicaid recipient to know what they don’t know. That is where an experienced elder law attorney can help. Even if you are sure you understand all of your planning options, scheduling a strategy session with an elder law attorney to ensure you are not overlooking important assets that need to be protected is in your best interest. Taking Questionable Advice Armchair experts can occasionally offer a good perspective, but unless you are friends with an experienced Medicaid planning attorney, you should look outside of your social circle for advice. When legal matters are at stake, it pays to meet with an expert. It is fine to explore your options and ask friends about their experiences with Medicaid, but when it comes time to make final decisions, always be sure to run your ideas by a Medicaid planning attorney to ensure nothing is overlooked. To schedule a strategy session with one of our experienced elder law and Medicaid attorneys today, call (281) 885-8826 or contact us here.

Have you ever wondered what happens when someone dies without a will? It can be an incredibly difficult and stressful situation for any family when this occurs. In this article, we’ll discuss the concept of Letters of Administration and how it applies to those who don’t have a valid will in place at the time of their death. At Your Legacy Legal Care™, we understand how difficult it is to lose a loved one. The last thing you want to worry about when grieving is obtaining letters of administration if your loved one passed away without a will. We can help you navigate the legal process of handling a loved one’s estate that didn’t leave a will. Give us a call to schedule a consultation. What Is a Letter of Administration? A Letter of Administration is a legal document that grants authority to an individual or individuals to manage the financial affairs and assets of someone who has died without a will. This document is issued by the court when there is no executor named in the decedent’s will if one exists. It gives power to an administrator appointed by the court, who can then take control of any assets owned by the deceased person at the time of their death. The purpose of this letter is to ensure that all outstanding debts are handled appropriately, as well as to manage funds for beneficiaries. Who Can Apply for a Letter of Administration? When someone dies without a will, the responsibility of distributing their estate falls on those left behind. A Letter of Administration is an official document that allows a person to act as the administrator and carry out this responsibility. But who can apply for such a letter? The courts typically grant Letters of Administration to specific individuals in order of priority: Spouses Children Grandchildren Parents Siblings If none of these relatives are available, then other family members may be eligible if they can show evidence that they were financially dependent on the decedent prior to passing away. In some cases, even distant relatives like cousins may qualify. How to Apply for a Letter of Administration Applying for a Letter of Administration when someone dies without a will is essential in order to ensure that the assets of the deceased are distributed according to state law. Here are the steps to do so: Hire an attorney. Most probate courts require you to have an attorney to help you through the process. Locate an appropriate court that has jurisdiction over probate matters related to where the person died or had their estate located. You will be required to provide the following documents, such as a copy of your driver’s license or passport, the death certificate of the decedent, and other documents required by the court. Additionally, you must provide all information about any relatives who might be entitled to share in the estate, including spouses, children, and parents After filing all of the necessary paperwork, the potential beneficiaries must be notified and agree to an independent administration. Once all paperwork is filed and filing fees paid, a hearing date will typically be set so that legal representatives can present evidence regarding entitlement to administer the estate if multiple people have applied. After considering all relevant evidence presented at this hearing, if approved, Letters of Administration will then be issued granting authority over administering and distributing assets according to state law. Challenges With Obtaining Letters of Administration When a person dies without leaving a will, it can be difficult for their next of kin to access the assets in their estate. You must apply for Letters of Administration from the court. This process is often complex and time-consuming, as there are certain criteria that must be met before letters can be granted. The main challenge with obtaining Letters of Administration is proving you have a legitimate claim on the deceased’s property. Often this requires providing evidence such as birth certificates or marriage documents. What’s more, you may need to provide proof that no will exists, which could take quite some time if all family members cannot be located quickly or if relatives disagree over who should apply for the letters. These issues can make it hard to gain access to an estate when someone has died without leaving a valid will behind. It’s important to seek legal advice and guidance in order to navigate these difficulties successfully and get hold of what rightfully belongs to you or your family. Contact Your Legacy Legal Care™ Today Letters of administration can be difficult to obtain when someone dies without a will. Without the proper documents in place, family members must navigate various court systems and legal processes to gain access to assets or finances. This process is often lengthy and may create tension among family members. Having an estate plan in place makes everything much easier for those left behind. An estate plan gives clear instructions on how assets should be distributed, which eliminates any confusion over who gets what after death. Having an estate plan also allows individuals to choose their own executor rather than leaving it up to the courts. If you’d like to create an estate plan or you need help getting letters of administration for a loved one who died without a will, contact an estate planning attorney from Your Legacy Legal Care. Call now to schedule a consultation.

When meeting with a Houston estate lawyer, people discuss their financial, legal, and personal concerns and desires, but they often forget to discuss their religious or spiritual desires. If religion is a significant part of your life, it only makes sense to incorporate it into your estate plan. Where to Find the Information You Need If you would like to ensure your estate plan upholds your religious preferences, you will first want to provide that information to your Houston estate lawyer. Further, if you have specific desires related to giving to your religious organization, share this with your estate planning lawyer, as well. Setting out your goals in advance will help your attorney incorporate them into the planning process. Most Common Estate Planning Issues Affected by Religion Once your lawyer understands you goals, he or she will point out several areas of your plan that may be impacted by your religious beliefs. Here are a few to consider: Final Arrangements Burial and funeral arrangements are the most obvious aspect of estate planning that would be influenced by religion. Many religions require certain types of ceremonies or burial locations. To ensure that your wishes are followed, it’s important to include them in your estate plan. Health and End-of-Life Decisions Living Wills and Healthcare Directives are also influenced by religious beliefs. Some religions have official positions on life support, blood transfusions, etc. If you want your end-of-life care to align with your religious beliefs, be sure your wishes are properly laid out in your legal documents. Distribution of Assets Some religions require you to distribute your estate a certain way. Even if it does not, you may have a desire to leave part or all of your estate to your particular faith community. A qualified estate lawyer can help you create a charitable giving plan that faithfully conforms to your religious beliefs. Contact A Houston Estate Lawyer Today Each estate plan is unique. That is why it is important to seek the counsel of a qualified estate planning lawyer to make sure that your plan accomplishes your goals. To set up a consultation today please call the Your Legacy Legal Care at (281) 885-8826. #EndofLifePlanning #estateplanning #religousbeliefs

More than half of Americans now have at least one chronic health condition, mental disorder or substance abuse issue. That is a staggering statistic, even for me as a Houston estate planning lawyer that works with sick and disabled clients every day. There are two common definitions for chronically ill. The first definition is a disease that a person will live with for many years. This types of illness include diabetes, cardiovascular disease, lupus, MS, hepatitis C, and asthma. The legal definition of chronic illness states “the person is unable to perform at least two activities of daily living such as eating, toileting, transferring, bathing and dressing, or requires considerable supervision to protect from crisis relating to health and safety due to severe impairment concerning mind, or having a level of disability similar to that determined by the Social Security Administration for disability benefits.” Everyone needs estate planning, but for the chronically ill there is a high sense of urgency. For healthy people, a will or trust plans for the “what if?” When you have a chronic illness, you are planning for the “here and now.”  We can help you set up a plan for your care and well-being by naming someone who can make medical decisions if you are not able to do so yourself. Without a plan that includes a HIPPA authorization and healthcare directives, the person that you choose may not legally be able to speak for you. Additionally, an estate planning lawyer in Houston can help you utilize tools such as trusts to protect assets so that you can be eligible for Medicaid without totally scrambling your nest egg.  A living trust can also give you the peace of mind knowing that your estate will easily be passed to your heirs without going through the probate process when you do eventually pass away. The bottom line is this: do not assume that because you are suffering from a chronic illness that it is too late to take steps to better your financial situation or safeguard your family. Contact A Houston Estate Planning Attorney Even if you are (or have a loved one) currently in a nursing home, there may still be options!  The first step is to simply contact our office. We will schedule a planning session with you and walk through all of the avenues of protection that could work best for your family. #estateplanning #HoustonEstatePlanning #Medicaid

You have planned your life carefully. With your spouse, you have drawn up a will and established trusts to organize your estate after your deaths. You have made decisions about the guardianship of your children, should anything happen to you both before they turn 18. Together, you have put insurance policies in place for health, life, and disability. Most likely, you are also each named as beneficiaries on the other’s retirement plan. However, there is one thing you did not plan for: divorce. What happens to your estate plan now? Here are 4 key strategies to ensure your wishes are protected during and after the process of separation and divorce. Be Familiar with Existing Documents and Understand What Needs to Change The estate planning documents you will need to be familiar with include your will, medical power of attorney, statutory durable power of attorney, insurance policies, and any trusts you and your spouse may have established together, such as a special needs trust to set aside funds to care for a family member with disabilities. Most of these documents will need to be updated or replaced, as you and your soon-to-be ex may have different ideas about beneficiaries and instructions once one of you passes away. Understand How Life Insurance Works If you and your spouse have life insurance, be clear on how it is paid for and what it guarantees. Whoever owns the policy is responsible for paying premiums and keeping the policy in force. They also have the authority to change beneficiaries. It is important to make sure you and your family are provided for in the event of your ex-spouse’s premature passing. Life insurance is an important component of any divorce settlement, to guarantee the continued flow of alimony, child support, or both, as determined by the divorce settlement. Having a trust as owner of the insurance policy is a great way to avoid gaps and pitfalls in insurance planning that might otherwise arise during or after a divorce. Continue reading to learn more about using a trust for these reasons. Setting Up a Trust to Handle Alimony and Child Support, and to Direct Funds to Your Heirs A revocable living trust will spell out instructions and requirements for paying alimony and child support. The trust’s creator – the grantor – is required to fund the trust, which will make payments according to the trust’s provisions. At Your Legacy Legal Care, we take away the stress and worry of funding your trust properly by having an in-house Funding Coordinator to assist you. The added benefit of a trust means that funds can go to beneficiaries upon the grantor’s death – without being tied up in the probate process. Include an Estate Planning Attorney on Your Team As You Navigate the Divorce Process This is perhaps the most important part of your plan during a divorce. An estate planning attorney, such as one of our experienced attorneys at Your Legacy Legal Care, can review the divorce settlement and look for any gaps that may be present. Some questions our attorneys will consider can include: Are you protected from federal estate taxes? What is the impact of divorce on retirement account beneficiaries? Are you and your heirs adequately provided for in the event of your ex’s death? What are your wishes for the children if you pass away while they are still minors? Divorce attorneys may have a different set of concerns and may overlook these key considerations. Lastly, be sure to hire your own estate planning attorney rather than continuing to use the attorney who drew up the joint plan for both you and your spouse. Under most state laws, when couples are jointly represented, everything you tell the attorney, even privately, is not confidential from your spouse. For assistance with ensuring your wishes are protected during a divorce, speak with one of our experienced estate planning attorneys by calling our office at (281) 218-0880 or schedule online here.

Are you familiar with estate planning? An estate plan is a crucial document that outlines your final wishes and arrangements for your assets and properties after you pass away. Many assume that creating an estate plan only involves distributing their assets to their loved ones. However, you can include several other things in your estate plan that you may not have considered before. Let’s discuss seven things you didn’t know you could include in your estate plan, and how a Houston estate planning attorney can help you organize them. What Are the Most Common Estate Planning Documents? Before we get into some uncommon documents to include in your estate plan, let’s discuss the must-have documents that are the most common in estate planning. The most common estate planning documents include: A will is a legal document that outlines how you want your assets to be distributed after you pass away. A trust is another legal document that can help you manage your assets during your lifetime and after you pass away. Power of attorney allows you to designate someone to make financial and legal decisions on your behalf if you cannot do so. Healthcare directives, also known as living wills, provide instructions on your medical care and end-of-life decisions if you cannot make those decisions yourself. Each document serves a unique purpose in ensuring that your final wishes are carried out and that you are taken care of in the event of incapacitation. It’s important to work with an experienced estate planning attorney to ensure your estate planning documents are tailored to your unique needs and preferences. 7 Uncommon Things You Can Include in Your Estate Plan Now that we’ve discussed the most common and crucial estate planning documents, let’s get into the different documents you can include in your estate plan that you may not have thought of. 1. An Ethical Will An ethical will is a document that allows you to pass down your values, beliefs, and life lessons to your loved ones. It is not a legally binding document, but it can give your family valuable insights into your life and intentions. Your ethical will can be in the form of a letter or video, which can be included in your estate plan. 2. Charitable Donations If you have a favorite charity or cause, you can include a provision in your estate plan to donate a portion of your assets to that organization. Charitable donations can help support causes that you’re passionate about and leave a lasting impact beyond your lifetime. 3. A Digital Executor In today’s digital age, it is essential to designate a digital executor in your estate plan. A digital executor manages your digital assets, such as social media accounts, online banking, and email accounts. By designating a digital executor, you can ensure your digital legacy is managed according to your wishes after you pass away. 4. A Pet Trust You can include a provision in your estate plan to establish a pet trust if you have pets. A pet trust allows you to set aside funds to provide for your pets’ care after you pass away. You can specify how the funds should be used and designate a pet caretaker. 5. Funeral Arrangements Many people don’t consider their funeral arrangements when creating an estate plan. However, you can include your final wishes for your funeral arrangements in your estate plan. This can include details such as burial or cremation, the type of service you want, and any specific requests. 6. Instructions for End-of-life Care In addition to your funeral arrangements, you can also include instructions for end-of-life care in your estate plan. This can include details about the medical care you want or don’t want, who you want to make decisions if you can’t, and your preferences for pain management. 7. A Unique Trust A trust is a legal document that can help you manage your assets during your lifetime and after you pass away. There are several types of trusts, each with unique benefits. Setting up a trust specific to your needs ensures that your assets are managed and distributed according to your wishes. Need Help Creating an Estate Plan? Your Legacy Legal Care™ is Here to Help Creating an estate plan is essential to preparing for your future and ensuring that your final wishes are carried out. While many assume that estate planning only involves distributing assets, you can include several other things in your estate plan, as discussed today. The knowledgeable team at Your Legacy Legal Care™ in Houston can help you create a comprehensive estate plan that reflects your values and intentions. Contact us today to schedule your consultation.

There are many misconceptions about estate planning and implementing any of them into your estate plan can result in costly mistakes. Understanding who needs an estate plan and what it should cover is key to creating a plan that is right for you that will work properly when the time comes. While you are still living, a properly crafted estate plan allows you to ensure that your property will go to the people you want, in the way you want, and when you want. It permits you to save as much as possible on taxes, court costs, and attorneys’ fees. It affords you the comfort that your loved ones can mourn your loss without being simultaneously burdened with unnecessary red tape and financial confusion. The following are some common myths that people have about estate planning: Estate Planning Myth 1: “My Estate Isn’t Big Enough to Need Planning” Depending on how small your estate is, it is true that you may not need a complicated plan. But even if you only have a few assets, your estate plan should direct where you want those assets to go. Your estate plan will also allow you to name a guardian for your minor children, should the unexpected happen and you are unable to care for them. A thorough estate plan also includes a medical power of attorney and a statutory durable power of attorney, both of which protect you while you are still alive. A statutory durable power of attorney allows you to appoint an agent to handle your finances in the event that you are unable to pay bills or manage finances yourself. A medical power of attorney appoints someone you trust to make medical decisions for you in the event of your incapacity. Estate Planning Myth 2: “I’m Too Young for an Estate Plan” No one likes to think about death, but it is important to be prepared at any age so any unnecessary hardships can be avoided. In our office, we believe even if you are as young as 18, anyone with a bank account should have an estate plan. We also stress the importance for college students to have powers of attorney in place, because once a child turns 18, parents no longer have the legal right to access the child’s medical and financial information. Should your child turn 18 and leave home to attend college, you do not automatically have the right to their information if an emergency were to happen. Estate Planning Myth 3: “My Will Takes Care of Everything” A will is a legally-binding statement directing who will receive your property at your death. It also appoints a legal representative to carry out your wishes. However, the will only covers property that can go through probate; this is the court process by which a deceased person’s property is passed to their heirs or people named in their will. Many types of property or forms of ownership pass outside of probate. Jointly-owned property, property in trust, life insurance proceeds, and property with a named beneficiary, such as IRAs or 401k plans, all pass outside of probate. An ideal estate plan should be designed to avoid probate, save on estate taxes, protect assets from future nursing homes, and appoint someone to act for you if you become incapacitated or disabled. Estate Planning Myth 4: “It Is Cheaper to Create a Will On My Own” It may be tempting to try to save money by using a do-it-yourself online will service or to write your will yourself, but these poorly drafted documents may only cause additional costs and hardships in the future. Without a legal education and years of experience, it is impossible to know what the right legal solution is for your particular situation and what planning opportunities are available. If there are any complicated aspects of your family, such as subsequent marriages or children from previous marriages, using a do-it-yourself estate planning software means taking a large risk that may disinherit your children and can affect your family for generations to come. Our goal is to learn more about your specific situation and your family, determine which planning option may be right for you, and to avoid dragging out your estate administration, avoid unnecessary expenses, and prevent headaches for your heirs. Estate Planning Myth 5: “Once a Plan Is In Place, I’m Done” It may be surprising to learn, but once you have a plan in place, you will need to review it every two to three years or whenever you have major life changes. Whether it is a birth or death in the family, a marriage or divorce, or the acquisition or loss of an asset, your plan needs to reflect this. In Texas, legislators can amend legislation every two years, so it is also crucial to ensure your plan stays up to date with current legislation. Even if you do not have any major changes, you should review your plan periodically to make sure it still expresses your wishes. Whether you already have your plan in place or you still need to start your estate planning journey, we hope these 5 myths will help you know the right steps to take and the mistakes to avoid. The best way to ensure your plan will be bulletproof is by meeting with an experienced estate planning attorney. To set up an estate planning strategy session, call our office at (281) 218-0880 or schedule online here.