Estate Planning Legal Help

Plan your estate with confidence and legal clarity.

In this video:

What is the difference between a will & a trust?
What can I include in my estate?
Can I include funeral plans in my will?

Estate Planning and Will Services in Texas

Estate planning is important, especially in a community property state, like Texas. It can get complicated to divide assets. When a person is married and has children with the surviving spouse but also has other children, it can become challenging. The legal fees and stress of dividing a property among five children and a spouse can be tedious. At that point, a lot of people waive their rights to receive any proceeds from an estate. It’s just simply not worth it. A simple estate plan can help you avoid these scenarios which makes it easier for the people you care about after you pass. Naming beneficiaries to your IRA and deciding how to plan for gift taxes and other estate taxes are important. Price: $750 (Setup an appointment here).

Comprehensive Planning for Your Legacy

Avoiding Court Costs for Your Loved Ones

A handwritten will can be costly to uphold for your family. There are many loopholes that can invalidate this type of will. If you are planning to leave your estate to your family with a handwritten will, it could cost tens of thousands of dollars to determine your beneficiaries. You need a clear plan for your estate, and you need to know the costs ahead of time. We can help you with a plan to determine the best option for your family.

In the state of Texas, a married person who has children or doesn’t have children can leave his/her estate as community property to his/her surviving spouse upon death. When a married couple agrees in writing that all or part of their community property goes to the surviving spouse, this is called a survivorship agreement.

If property other than real property must be transferred to your heirs’ names, simpler methods cannot be used. It has to go through a court process to be completed. Then a costly application a proceeding to declare heirship will need to be filed with the court.

What Are Some Issues That Can Arise Without Estate Planning

Contracts like term life insurance and whole life insurance policies have no cash value until the insured person dies. The policy benefit is paid to your beneficiary when you die. It is important to name a beneficiary by their legal name. If you write terms like “my estate” or “my heirs,” then probate will determine who gets your estate. It can make it difficult, and it can be a lengthy process for the policy benefits to be paid out to the beneficiary if you use those terms.

What happens to your debts after you die? The deceased person’s estate owes the debt. If there isn’t enough money left to cover the debt, then it may go unpaid. Your survivors may be responsible for the debt if they co-signed for the obligation or live in a community property state. In California, the deceased person’s spouse and state law requires repayment of certain debt like health care expenses. You may be legally responsible for resolving the estate if you didn’t comply with certain state probate laws.

Under the FDCPA, collectors can contact and discuss a deceased person’s debts with the; surviving spouse, parents (if the deceased was a minor), guardian, executor, and any other person authorized to pay debts with assets from the deceased person’s estate.

FAQ

What is the Difference Between a Will and a Trust?

When Should You Consider a Trust?

Can I Include Funeral Plans in My Will?

What Can I Include in My Estate?

Who Pays Estate or Gift Tax?

View Other Types of Probate & Estate Planning Transactions

Land Trust With Assignment of Beneficial Interests

Durable Power of Attorney

Create a Valid Simple Will in Texas

Affidavit of Heirship

Maas Law Firm, Texas Real Estate Attorney

We are a San Antonio Real Estate Law firm that offers fixed fee rates for a variety of legal transaction services, including Owner Finance & Wraparound Closings, Foreclosures, Deeds & Releases, Real Estate Contracts, Title Issues & Judgments, Wills & Estates, Probate & Administration, & LLC Formations. If you need help assessing your case give our office a call.

Victor has been doing real estate transactions as a lawyer since 2002 & as an investor himself since 2003. There are a lot of nuances with real estate & we hope that if you have any questions to contact us during regular business hours. Along with being a Real Estate Attorney, Victor is also a Real Estate Broker, making his expertise long standing & efficient.

What Our Clients Say

Victor is a mover & shaker in the Real Estate Investment business...I recommend him anytime.

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