Estate Planning and Probate
Our estate planning attorney at Edmondson Law, PLLC prides himself on taking the time to learn the goals and objectives of our clients. He is dedicated to making sure that our clients understand what every document does and what role it plays in their estate plan. As an estate planning professional, he takes the time to incorporate our client’s goals and objectives into truly customized Wills and Trusts your family will appreciate.
The Basic Estate Plan
Last Will and Testament
Last Will and Testaments is an instrument used to transfer your assets to the people you choose after you die. Putting together Last Will and Testament can be difficult, but it can give you peace of mind. Texas law also provided us with tools that can automatically at death, without the need of a probate court or an expensive trust document.
At Edmondson Law, PLLC, we will draft a last Will that outlines your wishes and meets your needs. We will help you put in place the basic elements that every simple Will needs, and then we will add to it and fine-tune it to your situation. Every family and their needs are unique. Everyone should have a Will. Whether you need to appoint a guardian to take care of your minor children or disabled family members, or you want to establish how your estate should be distributed, your Will can be what you need it to be.
Power of Attorney for Healthcare and Your Financial Matters
A power of attorney is a legal document in which one person gives another person the power to manage the principal’s financial affairs or to make health decisions on their behalf.
Financial Power of Attorney
This is a trusted person you designated to act on your behalf regarding financial matters, for example, withdrawing money from your bank account or signing papers for you at a real estate closing. A Power of Attorney can become effected immediately or upon the occurrence of a future event.
The person you name may be a spouse, another family member, friend or member of a faith community. Even if you have other legal documents regarding your affairs, not all situations can be anticipated, and some situations will require someone to make a judgment about your wishes. So, choosing the right person is important. Our attorney is here to assist you with understanding legal documents and answer any questions you have.
Medical Power of Attorney
A Power of Attorney for Healthcare is a legal document that names a trusted person to make healthcare decisions for you in a time you cannot. This ensures that your wishes, concerning medical treatment, are met. This is attained by naming an adult advocate that represents your best interests in the time you cannot make medical decisions for yourself.
Power of Attorney occurs in such cases, if you are under anesthesia, suffer from a mental illness, or if you are in a coma. Once your doctor has certified (in writing) that you are incompetent to make healthcare decisions, Medical Power of Attorney comes into effect.
Under Texas law, this is when you lack, “the ability, based on reasonable medical judgment, to understand and appreciate the nature and consequences of a treatment decision, including the significant benefits and harms of and reasonable alternatives to a proposed treatment decision.” Texas Health and Safety Code §166.002(4).
Living Wills
Living Wills have to do with your medical affairs, and what kind of life supports treatment your physician can administer in case of terminal illness or injury, in the event you cannot communicate your wishes. You will need to appoint one or more health care “proxies.” These are people you trust who will communicate your end-of-life decisions to medical personnel.
Living Wills do have limitations, but our skilled attorney will help you understand the terminology and guide you through the process. Our Edmondson Law, PLLC, attorney is here to discuss your options.
Transfer on Death Deed
A Transfer on Death Deed (TODD) is a legal document that allows property owners to transfer ownership of their property to designated beneficiaries upon their death. By using a TODD, a person can transfer the property directly without going through probate.
This procedure can be used for property like land, houses, buildings, and vehicles. A person may choose to leave the property to one or more people (referred to as “beneficiaries”). If a person changes their mind about transferring property to a beneficiary, they can cancel the TODD.
The records must be recorded before the property holder’s death. Transfer on death deeds are recorded in the county the property is located in.
What is Probate?
Probate is the legal process that typically takes place after someone dies. A Will is “proved” in a court and accepted as a valid public document that is the true last testament of the deceased. The actual legal steps themselves vary depending on a variety of circumstances. In some cases, the probate process under Texas law involves proving that a Last Will and Testament is valid or should be contested, disputed and invalidated. In other cases, the probate process involves identifying a decedent’s legal heirs. In some cases, the probate process can be avoided entirely.
The goal of probate and the reason for the legal process is to ensure the orderly and legal transfer of property from a decedent to the person or persons entitled to receive the property. In other words, the executor must work with the court to be sure everything stipulated in the Will is carried out. In Texas, state and local court rules govern the various time periods that the executor must follow in probating a Will.
Our Probate Practice
Edmondson Law offers an experienced representation of clients in both routine and difficult probates. We understand it is hard to lose someone you love and then become overwhelmed with the financial and legal complexities resulting from a probate. The probate process can be very difficult for families. We are here to ensure a smooth probate process, and make it as simple, efficient, and understandable as possible. We also want to ensure the protection of our clients by making sure all legal requirements are met.
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