Estate Planning Basics

Estate planning is the process of preparing legal documents that determine how your assets, healthcare decisions, and personal affairs will be managed if you become incapacitated or upon your death.

It’s not just for the wealthy—every Texan benefits from having a clear, legally sound plan. A well-prepared estate plan helps prevent confusion, family disputes, and unnecessary expenses during difficult times.

At a minimum, I recommend that every adult Texas resident have the following key documents: a Will, Power of Attorney, Medical Power of Attorney, Directive to Physicians (Living Will), and a HIPAA Authorization.

• Last Will and Testament (Simple Will): Outlines how your property will be distributed and designates guardians for minor children if needed.
• Durable Power of Attorney: Appoints a trusted person to manage your financial and legal matters if you’re unable to do so.
• Medical Power of Attorney: Allows someone you trust to make healthcare decisions on your behalf if you cannot.
• Directive to Physicians (Living Will): States your preferences regarding life-sustaining treatment in critical medical situations.
• HIPAA Authorization: Permits healthcare providers to share your medical information with authorized individuals, such as family members.

Failing to create an estate plan can place your loved ones in a difficult position. Without clear instructions, your property will be distributed according to Texas intestacy laws, which may not reflect your wishes. 

Proper estate planning helps you to:

• Protect your family’s financial future
• Minimize legal costs and potential taxes
• Ensure your healthcare preferences are followed
• Provide clarity and peace of mind for your loved ones

Texas estate laws can be complex and can vary based on your individual circumstances. Consulting an experienced estate planning attorney helps ensure that your documents are valid, customized to your goals, and compliant with Texas law.

An estate planning lawyer can help you:

• Simplify Complex Legal Processes: Translate legal terminology into clear, practical steps.
• Prevent Family Disputes: Help ensure your wishes are documented and enforceable.
• Tailor Your Plan: Create solutions for blended families, charitable giving, or special needs situations.
• Ensure Compliance: Align your estate plan with Texas probate, guardianship, and community property laws.

I can provide more sophisticated estate planning solutions for high net worth individuals, including the use of trusts, family limited partnerships, and charitable giving.

Beyond the core documents, I also offer:

• Trusts: Manage and protect your assets while reducing or avoiding probate.
• Declaration of Guardian: Legally appoints a guardian for you, if you are later incapacitated, or your minor children or dependents to ensure they are cared for by someone you trust.
• Testamentary Trusts: Created within your Will and activated upon your passing to control how and when assets are distributed to beneficiaries.
• Burial Instructions: Clearly outline your preferences for burial, cremation, or other final arrangements.