Estate Planning Attorney
Estate planning is a critical area of law. My clients have worked diligently throughout their lives to save money, provide for, and protect their families. What most families want is to keep things simple, but unfortunately, our legal system in general, coupled with changes to the law, can make the process very confusing. The internet can be a great source of information but also a great source of misinformation! I love that, as an estate planning attorney, I help clients continue to care for and protect their families after they’re gone. I get so much satisfaction from helping my clients sort through all of the noise and advice out there and zero in on the right tools to accomplish their goals. Good estate planning attorneys do not make things complicated, but rather simplify the process to minimize complications and fighting, and to ensure clients’ wishes are followed.
In Texas, the concept of rights of survivorship is not automatically assumed, which is unique compared to some other states. This means that if one spouse passes away, their share of the property does not automatically transfer to the surviving spouse, even if both names are on the title. Unless specified in the estate plan, this situation could lead to probate, which can be time-consuming and costly. Understanding and addressing this aspect is crucial for effective estate planning in Texas. Texas law uniquely requires explicit rights of survivorship in estate plans for property to automatically transfer to a surviving spouse, unlike some states where this is assumed. Without this specification, even jointly titled property may necessitate probate upon a spouse's death, potentially causing delays and expenses. Therefore, addressing rights of survivorship is a critical component of Texas estate planning.
Houston truly has the most diverse population. We have so many amazing clients that are born and raised Texans, but just as many from all over the country and the world. I love getting to meet so many people from different walks of life.
At Oath, we understand that estate planning can be a stressful and confusing process for people. We’ve worked hard to develop systems to make things simple and as stress-free as possible. In addition, having a large national presence ensures that our clients and their families can be supported wherever life takes them.
I prepare Texas-specific Statutory Durable Powers of Attorney as well as Medical Powers of Attorney. I also prepare Texas-specific deeds, wills, and trusts executed according to the statutory Texas requirements.
This really can depend even county by county within the state. On average, simple uncontested probate typically takes 6–12 months. However, a complicated probate or those with disputes could take far longer.
At workshops, I always talk about the number of potential clients I meet who have a trust but have not funded it. Their attorney set them up with a trust but never taught them that it needed to be funded or helped them fund it. Unless a trust is properly funded, probate cannot be avoided, so it is essential to work with an attorney who is going to walk you through that process.
The most rewarding thing for me is to hear from my clients when their documents are completed and signed that they feel such a weight off of their shoulders. Most clients feel such immense relief that things are spelled out and taken care of and express that the process was not stressful or complex like they feared.
I love all of my communities, but Tomball, Conroe, and The Woodlands are for sure my people!
This is truly the worst feeling. Earlier this year, we had a client that needed help with financial advice and unfortunately asked for help after making some devastating decisions that could not be undone.
The question I get asked most often is: what is the difference between a trust and a will, and which one do I need? I answer by explaining that there are many different types of trusts; a revocable living trust is often the most relevant for many clients. While various trust types exist, the primary distinction in Texas is that wills necessitate probate, whereas trusts avoid this process. Whether or not someone needs a trust comes down to what is important to them and their values. My approach involves actively listening to clients to understand their unique situation and their estate planning goals. Ultimately, these values should guide the choice between a trust and a will.
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