FAQs

Category: Probate and Estates

It depends. As a general rule, if you did not co-sign the debt or otherwise agree to be responsible for it, the creditor will only go after the estate of the person who owes the debt. Creditors may be able to go after heirs/beneficiaries if they take property from the estate before the debt is paid. This should always be discussed with an attorney to determine if you have any personal liability.

Category: Probate and Estates

Usually accounts and property that have a surviving transfer-on-death beneficiary are not part of the probate estate. It is a good idea to talk to an experienced estate planning attorney to make sure your beneficiary designations won’t cause unexpected problems.

Category: Probate and Estates

In many cases, yes. Sometimes this requires court permission or the agreement of the beneficiaries or heirs.

Category: Probate and Estates

Texas has very set procedures that must be followed in probate cases. There are some types of probate processes that are quicker than others, but the types of processes that are available depend on the facts of each case. The county where the case is filed and the court that handles the case can also affect the timeline.

Category: Probate and Estates

While this is possible in very limited situations for the purposes of clearing up confusion, the terms of a Will usually cannot be changed once the person passes away.

Category: Probate and Estates

If you want to ensure the Will is enforceable, the answer is generally yes. There are situations where families decide not to probate a Will, but this decision should be made after consulting with an experienced probate attorney. Failure to probate the Will within 4 years of death can make it difficult to probate/enforce later. Contrary to popular believe, a surviving spouse or only child DOES usually have to go through the probate process, even if all property is co-owned.

Category: Probate and Estates

It depends. It is often necessary to hire a probate lawyer to establish who gets what and who is in charge of making sure everything is handled correctly. This usually happens through a special court process called “probate.” Even if the person who died had a Will, it is usually necessary to go to probate court to enforce it, especially if there are bank accounts or investments. Even if the estate only includes real estate, a court may still need to get involved. The most common reasons people hire probate attorneys is to access bank accounts that can only be accessed with “Letters Testamentary” or “Letters of Administration” or to sell property the person who passed away owned (even if it was co-owned with a spouse or someone else).

Category: Probate and Estates

Probate cases are public record. Names and addresses of beneficiaries/heirs as well as the deceased person’s assets and debts are often disclosed through the probate process.

Category: Probate and Estates

Estate planning can sometimes avoid the probate process altogether. In other cases, it can ensure that your wishes are known and enforceable and that the process is as simple as possible. Poor planning or no planning can not only create a lot of costs, but also a lot of grief and fighting among family members. This firm strives for having as much control as possible and keeping the process as simple as possible.

Category: Probate and Estates

Letters Testamentary or Letters of Administration are documents generated by the County Clerk in a probate case in Texas. Obtaining these Letters requires a probate application, certain paperwork, and a hearing in court. An attorney generally must be involved in this process, preferably one experienced in probate law.

Category: Probate and Estates

State probate courts can usually only control real estate within that state. Some states will accept certified copies of another state’s probate orders, but other states require a completely separate probate process. I.e. it is sometimes necessary to file a probate application in every state where the deceased person owned real estate. A good estate planning attorney can often avoid this result through proper planning during life.

Category: Probate and Estates

Each state has its own probate or estate code. Never rely on someone else’s experience when it comes to probate and estate planning. Even within the state, probate looks very different in different cases.

Category: Probate and Estates

Many estates have more than one person benefiting from the estate. This does not always create complications, but it can if there is no Will or people do not get along.

Category: Probate and Estates

How long the process takes and how much it costs depends on many factors, including whether there is any conflict, whether there is a valid Will, how long it has been since the decedent died, how many beneficiaries or heirs are involved, whether any beneficiaries are under 18 or incapacitated, what types of assets and debts are involved, etc. A simple uncontested probate of an original Will within four years of death can take as little as 30-60 days, or as long as needed to handle all of the deceased person’s affairs. Without a Will, the process to appoint an administrator and establish the heirs of the estate usually takes at least 6 months to a year. If there is no Will and there are minor/disabled heirs or the family cannot agree on who will serve as administrator, this process rarely takes less than 2 years to complete.

Category: Probate and Estates

Fees for a probate lawyer’s services vary substantially depending on the attorney and the case. Ramsey Law, PLLC believes in transparency when it comes to fees. More information about our fees can be found [here]. Most of Ramsey Law’s services are billed on a flat fee based on the anticipated complexity and time involved, though hourly fees can also apply, depending on the situation. Ramsey Law fees are designed to cover not only attorney fees, but also court costs and other ancillary costs related to the legal matter. This is done to reduce the risk of big surprise expenses. Ramsey Law offers competitive and reasonable prices because it is ethical to charge reasonable fees.

Category: Probate and Estates

This depends on where the person lived, the type of assets in their estate, whether or not they had a Will (and if there are any issues with the Will), the number and type of debts, family dynamics, and many other factors. These factors can effect what court costs apply, attorney fees, and other expenses. This firm publishes some fees at ramseylawtexas.com. Probate costs are usually higher if the person did not have a well-written, valid Will.

Category: Probate and Estates

Probating a Will is a complicated and very specific legal process. In some cases, it may be possible to probate a Will without involving a lawyer. This is typically limited to situations where there is no need for an executor or administrator, no third party is asking for Letters Testamentary or Letters of Administration, there are no financial assets (bank accounts, investments, uncashed checks) in the estate, and there are no unpaid debts. Whenever an executor or administrator is appointed, an attorney is required. Regardless of the situation, it is best to consult with an experienced probate attorney before taking any action related to a Will or estate. An attorney can advise as to your options. Choosing the wrong path because it is cheaper or choosing not to act at all could end up costing significantly more money in the long run. Failure to take action before the fourth anniversary of someone’s death could limit options and increase costs dramatically.

You might wonder ‘how does a probate lawyer get clients’? For most experienced probate attorneys, word-of-mouth referrals are the most common source, either from colleagues or past clients. In this age of technology, internet searches (either from a search engine like Google or from websites that have information or online reviews) are increasingly significant sources. Proximity is also a factor for many people, but Amber Ramsey has represented clients in many areas, including San Antonio, Boerne, New Braunfels, Spring Branch, Schertz, Converse, Universal City, Seguin, Bulverde, Georgetown, Floresville, Burnet, Goliad, Corpus Christi, and Houston area, among others. When researching probate lawyers, it is advisable to look for any online reviews of that attorney. Use website ratings or rankings of attorneys with caution. If a website shows that an attorney has a 5/5 rating, but no client reviews, how is that website coming up with that number? It is also worth considering that negative reviews are not always legitimate, but look at how the lawyer responds to the review. Are they able to provide a reasonable response/explanation or are they defensive and mean to the reviewer? To see reviews of probate lawyer Amber Ramsey, Visit Attorney Profile on AVVO

A good probate lawyer should have substantial experience in probate matters. It is also beneficial if probate attorneys are experienced in preparing estate planning documents. The area of probate law is very specific and complicated. Even what appear to be simple cases can involve very different legal issues and complications because the outcome and requirements of each case is so fact specific. An attorney who dabbles in several areas of law may not have the same level of experience with specific probate issues or procedures as one who focuses on probate law, even if the attorney has been practicing for a long time. Probate court is completely separate from family court or criminal court. The laws and rules of individual judges are constantly changing. Judges are becoming more and more particular about following the rules whereas attorneys may have been able to “wing it” in the past. To find a good probate lawyer, you should be able to speak directly to the attorney (though you will likely need to schedule an appointment in advance) and ask questions. A good probate lawyer should be able to explain your options and the process in an understandable way. They should not talk down to you or dismiss your questions or concerns without addressing them. They should inform you of what the total process can cost, not just their fees. They should be able to give you direct answers if you ask about their experience. After you have hired an attorney, they should return phone calls and emails (though it may not be reasonable to expect an immediate response as the attorney could be in court, meetings, or dealing with a pressing matter). They should be open to discussing any concerns or questions you have regarding your billing.

Q: My husband passed away October 15, 2017 and is retired from the City of Dallas. When requesting survivorship benefits I was initially denied because we were married after he retired – when I pointed out we were common law married over 20 years, they then claimed he had a 10 year certain policy and I was not eligible for benefits because he had been retired for over 10 years, but will not show me a copy of the policy to verify this change in their statement. My husband has stated many times over the years he had full survivorship coverage on his policy. What I can I do to see the policy, and if full not a 10 year policy, claim common law marriage since their rules seem to have changed as of 01/01/2018 and will no longer recognize common law when in 2017 they would?? I have been trying to resolve this November 2017, when common law was still recognized by the City of Dallas according to new laws in 2015 in Texas. – – I am currently living in Michigan, but am looking for a TX attorney to help.

A: If they won’t provide information or documentation with a death certificate, you may have to file an heirship determination proceeding to establish your status as the spouse. If I am not mistaken, Texas law presumes there was no marriage if you don’t file suit to enforce your interests within one-year of death, so you need to act soon. Common law marriage is allowed in Texas, but it is not always easy to establish in court. It could be even more complicated if he resided outside of Texas at the time of his death (unless Michigan also allows common law marriage). I would try to find a probate attorney in Texas who talks about common law marriage on his/her website and also has experience with probate litigation. The first thing to determine will be whether you can file in Texas or if you have to file in the state where he resided at death.

Category: Probate and Estates

Executors should seek legal advice to make sure they understand their role and fulfill their duties properly. An executor has no authority until the Will is admitted to probate court. What seems “fair” to an executor may not be allowed under the law, so it is important to always stick to what the law allows.

Category: Probate and Estates

Heirs are the people who have an interest in a deceased person’s estate (generally spouses and certain relatives). These people are chosen by the law, not by the deceased person or their family. What is the difference between an heir and a beneficiary? A beneficiary is a person or entity named in a Will, trust, or other legal document to receive a gift when a person passes. An heir is a person who has an interest in a person’s estate under the law, usually when the deceased person does not have a valid Will.

Category: Probate and Estates

Letters of Administration is a document the court provides after a hearing to an administrator of an estate have they have completed the steps to “qualify” for this position. This document or Letters Testamentary is usually necessary to access bank accounts, talk to creditors, and sell property from an estate. This is not simply a letter written by an attorney, but is part of the probate process. The law requires an administrator to be represented by an attorney.

Category: Probate and Estates

Letters Testamentary is a document the court provides after a Will has been admitted to probate and the executor has completed the steps to “qualify” for this position. This document or Letters of Administration is usually necessary to access bank accounts, talk to creditors, and sell property from an estate. This is not simply a letter written by an attorney, but is part of the probate process. The law requires an executor to be represented by an attorney.

Category: Probate and Estates

Probate assets are part of someone’s estate after they die. Non-probate assets are set up to pass automatically on death to a named beneficiary (who survives the owner of the account/vehicle/property) through a transfer-on-death beneficiary designation, living trust, or similar. If a person has a Will, their Will controls all probate assets.

Category: Probate and Estates

A probate lawyer can assist in a variety of matters related to a person who is incapacitated or deceased. This could involve helping to probate a Will in court; determining the legal heirs of someone without a Will (or with a Will that fails to distribute all property of the deceased); preparing a Small Estate Affidavit or Affidavit of Heirship; negotiating and drafting an agreement between heirs or beneficiaries; drafting deeds; dealing with third parties (banks, creditors, witnesses, co-owners, family, etc.); negotiating, reducing, or even eliminating a decedent’s debt; obtaining legal guardianship; removing and/or appointing a successor executor, administrator, or guardian; helping to collect property; evicting tenants or squatters; drafting leases; preparing estate planning documents; assisting with the complications that arise when minor child or disabled person is received an interest in an estate, and a myriad of other services.

Category: Probate and Estates

Sometimes, a will’s validity or terms are challenged in a lawsuit known as a Will contest. This can prolong probate and lead to discovery, mediation, multiple hearings, and even trial. The cost and length of the process are much greater than a regular probate case.

Category: Probate and Estates

If you die without a Will, you will have an “intestate” estate. The government will determine who gets your property and who has to be involved in the process. Legal fees in these cases tend to be higher and more people may have an interest in the estate than you would prefer.

Category: Probate and Estates

Probate can sometimes trigger family disputes. Emotions are high and money is involved. Disputes and contests can delay the process and increase costs substantially. A well-written Will can reduce the opportunity to cause problems. Sometimes explaining why documents are set up the way they are with family members during life or in writing can avoid conflict as well.

Category: Probate and Estates

Debt usually does not go away at death. In Texas, certain creditors are entitled to notice during the probate process. It is sometimes possible to shorten how much time a creditor has to pursue a debt through the probate process as well. The estate must settle valid debts before distributing assets to beneficiaries, which could affect inheritances. It is advisable to talk to an experienced probate attorney before paying a deceased person’s debt that you are not personally responsible for. Secured creditors, such as car lenders and mortgage companies, can still usually foreclose for nonpayment after the owner has passed away.

Category: Probate and Estates

A Small Estate Affidavit is a document that can be filed with the court in very limited situations to obtain a court order identifying a deceased person’s heirs. It is harder than it sounds to complete this process successfully. Many banks will tell people they can access accounts with a Small Estate Affidavit when the estate does not meet the legal requirements for a Small Estate Affidavit.

Category:Probate and Estates

This is a document listing information related to a deceased person and their heirs. This document does not transfer ownership or appoint someone who can act on behalf of an estate. Banks usually won’t accept affidavits. It can be useful in limited situations.

Category: Probate and Estates

“Intestate succession” is how the law says real estate, money, vehicles, and other assets pass when a person dies without the right paperwork to control how their assets are distributed (Wills, trusts, beneficiary designations, etc.). This applies when no planning is done, when documents are not done properly, or when something gets left out of the paperwork. Intestacy usually makes the probate process more complicated, longer, and more expensive. How property is divided up under the laws of intestate succession can cause a lot of stress and conflict, especially when spouses and children inherit co-ownership of property. Without proper planning, property may pass to family members the person who died did not talk to, like, or want to get anything. Even children who were given up for adoption may have an interest in a biological family member’s estate.

Category: Probate and Estates

Muniment of Title is a court process to enforce a Will without appointing an executor. This process can be quicker and less expensive than the regular probate process, but it may not help with accessing bank accounts/investments/insurance policies, depositing checks, or pursuing lawsuits on behalf of the deceased person.

Category: Probate and Estates

Probate is a legal process through the courts where people can wrap up a deceased person’s estate. This can involve confirming a deceased person’s will (if any) is valid, identifying the person’s heirs, appointing an estate representative (if needed), settling debts and claims, and distributing assets after a person’s death.

Category: Probate and Estates

Probate is a court process involving a deceased person’s estate. Probate is generally necessary to enforce a Will, officially determine a decedent’s legal heirs, and/or appoint a legal representative to the estate.

Category: Probate and Estates

Probate court is needed to enforce a Will and appoint an executor or administrator to an estate. The courts can also officially identify someone’s heirs. In some cases, the court’s involvement ends after one hearing. In other cases, the courts oversee every aspect of an estate, including paying bills, collecting assets, selling property, and making distributions. It can be time-consuming and costly, so many people try to avoid it through proper estate planning.

Category: Probate and Estates

Many people wonder what questions to ask a lawyer for probate or estate planning matters. You should be able to ask the following questions and get a straightforward answer:

• What are your fees? Do you charge a flat fee or hourly? What is included in your flat fee or retainer?
• What is the typical total cost of this process given the facts of my case?
• Will I be subject to additional costs or expenses?
• How long have you been practicing in this area of law?
• What other types of law do you handle?
• What percentage of your cases are probate/estate planning?
• How long do you expect the process to take in my situation?
• How easy is it to get a hold of you if I have questions or need an update on my case?
• Please explain the process.
• What are my options?

Category: Estate Planning

Most estate planning documents can be changed. However, you need an estate planning attorney familiar with estate law to make sure the changes are done properly. Changing legal documents usually involves an amendment or a new document altogether. Some types of documents, such as Contractual Wills and Irrevocable Trusts are more difficult to change.

Category: Estate Planning

Yes, you can choose to disinherit someone, but this must be done with the proper documents and wording. Please note, however, sometimes people may have an interest in property you own under the law that you can’t easily take away (like surviving spouse homestead rights in Texas)

Category: Estate Planning

Yes, you can add a charity as a beneficiary to your Will or Trust.

Category: Estate Planning

In situations where you want money set aside for a pet’s care, a pet trust can be prepared for this purpose. This is more complicated than simply naming the pet as a beneficiary.

Category: Estate Planning

Yes, with the right documents and information.

Category: Estate Planning

Yes and this firm does include a document to do this as a standard part of our estate planning packages.

Category: Estate Planning

In my opinion, yes. Also, it needs to be an experienced estate planning and probate attorney, not just any attorney. Mistakes in DIY planning are usually not discovered until it is too late. There are a lot of factors that non-attorneys (including notaries, legal assistants, and other people who have “experience” with Wills/Trusts/probate) and attorneys who focus on another area of law do not consider when preparing estate planning documents. Poor wording or poorly thought-out plans can do a lot of damage. Examples include: loss of government benefits, creditors or government taking estate assets, relationship-ending conflict between family members, avoidable probate proceedings, young adults squandering their entire inheritance, and lawsuits.

Category: Estate Planning

Transfer on Death Deeds and TOD beneficiary designations can be great tools when utilized properly, but they are definitely not an end-all-be-all solution for most people. This type of planning is extremely limited. You can generally only control the outcome if at least one of the named beneficiaries outlives you and there is very little by way of protections for minor or disabled beneficiaries. Also, there are often pitfalls to outright beneficiary designations that are not common knowledge, such as the disputes that often arise between siblings that co-own property together.

I recommend consulting with an estate planning lawyer regardless of what you have put in place yourself, even if you think you don’t have “enough” assets to worry about estate planning. You might be surprised at the things you did not even know to consider.

Category: Estate Planning

Yes, estate planning is important for everyone, regardless of what they own. At a minimum, you are ensuring only the people you trust the most can manage your affairs if you become seriously injured, ill, or disabled. You can even disqualify people from acting on your behalf. You can also dictate who would have physical care of minor/disabled children, as well as who would manage money for those children. When it comes to someone passing away, there are only a few different legal processes available to access bank accounts and transfer title to real estate. The cost of these processes is a much larger burden for small estates that do not involve proper estate planning. With proper planning, using an experienced estate planning attorney, sometimes these expensive processes can be avoided altogether.

Category: Estate Planning

If you own a business, you have to address who will be in charge and who will receive your interests if you become incapacitated or pass away. It is also a good idea to consult with an experienced commercial insurance agent to see if there are any products that may ease this transition or allow certain interests to be bought out.

Category: Estate Planning

This firm can provide advice regarding things not to do for the purposes of Medicaid. Do not make large lifetime gifts without talking to an experienced estate planning attorney. Do talk to an experienced financial advisor as soon as possible to see what options you have to prepare for future costs of long term care. By the time you need it, your options will be much more limited.

Category: Estate Planning

Income taxes and capital gains are factors that affect a lot more people than estate taxes. All of these need to be discussed with an estate planning attorney and CPA, particularly before attempting DIY estate planning through lifetime gifts or other strategies. Often the tax risks are not what people expect and an attempt to avoid the wrong kind of taxes can cause a larger tax bill in the end.

Category: Estate Planning

No. A Will is not designed to avoid probate court. In fact, it is usually necessary to go to probate court to enforce the gifts in a Will. There are other strategies that can avoid probate court, but the different options need to be discussed with an experienced estate planning attorney to avoid creating other problems.

Q: My husband has two children from another marriage. I have one child from a previous relationship, and we have a child together. I bought two rental properties (the title and mortgage are in my name only) after we were married. My husband and I manage them and use the rental income for our bills and improvements to our residence. I collect the rent and pay the mortgages out of a checking account that is in my name only. If my husband dies first, will his daughters have any claim on the property? Is it a probate item? Is there any way to protect the property, such as placing it in a trust?

A: If you want this to be considered you separate property, the best thing to do would be to hire an attorney to prepare an agreement for you AND your husband to sign (assuming he will agree to sign). As the other attorney mentioned, the law presumes property purchased during marriage is community property (owned jointly), regardless of whose name it is in. You can convey your interest in the property through a Will, Trust or deed. If you don’t, the law will decide how the property passes after death. If it is community property, his kids may have a at least a partial interest (also depends on whether he has a Will). I suggest talking to an estate planning attorney about a separate property agreement, Will or Trust, and/or a Transfer-on-Death Deed. There are a lot of factors to consider, so I wouldn’t recommend trying to do this without an attorney’s assistance.

Category: Estate Planning

The estate tax exemption amount is quite high (over $12 million in 2024 with a possible reduction to about $7 million per person in 2026). As a result, many Texans do not have a large enough estate for estate taxes to apply, though other types of taxes may apply. When estate taxes are a factor, CPA, financial advisor, and attorney should work together to put together a plan, which will be far more complicated than plans that aren’t designed to avoid taxes.

Category: Estate Planning

This cannot always be avoided, but the best defense is having well-drafted estate planning documents that allow someone to act on your behalf without a guardianship. It is also important to formally designate who you would want your guardian to be (or not be). The best time to prepare these documents is when you are healthy, long before you need to use them.

Category: Estate Planning

The process of going to probate court after someone passes to “probate” a Will or establish heirs is not as bad in Texas as some states, but is still something many consider to be an expense and hassle they would rather avoid. One well-known strategy to avoid probate is a Living Trust, which is the most flexible option. Sometimes other strategies such as Transfer on Death Deeds or Ladybird Deeds and pay-on-death beneficiary designations (POD) can be useful, however, they are not right for everyone and are not enough by themselves. Using trust alternatives for beneficiaries who are minors, incapacitated, disabled, or just do not get along can have very costly consequences.

Category: Estate Planning

It is important to acknowledge that there is no good alternative to one’s own parents. With that in mind, we must choose the best option available, which could be family or friends. Different people will have different priorities when evaluating potential guardians. This can include their values, lifestyle, location, and ability/willingness to care for your kids. An experienced estate planning attorney can help you sift through your options.

Category: Estate Planning

Start by meeting with an experienced estate planning attorney who can create a customized plan based on your goals, preferences, and circumstances. The attorney should ask a lot of questions and be able to explain your options and their fees in a way that you understand.

Category: Estate Planning

For a majority of Texans, income taxes are a more realistic concern than estate taxes. For those who have reason to believe they will have an estate that exceeds the estate tax exemption amount, you will need the assistance of a financial advisor, estate planning attorney, and CPA to form a plan. Estate tax avoidance strategies tend to be complicated and come with strings attached.

Category: Estate Planning

For minor children or disabled beneficiaries, trusts (either in a Will or Living Trust) are often necessary to provide protection and avoid the cost of a guardianship or court-managed trust. It is also important for parents to designate who they prefer to be the child’s guardian in case of a tragedy. This type of planning should be done with an experienced estate planning attorney.

Category: Estate Planning

Estate planning documents can allow someone to access certain digital accounts after you pass. Some platforms have their own criteria, so it is important to look into this yourself to see if there is a way to give someone access directly through that platform. When it comes to cryptocurrency, it is very important to leave detailed instructions and possibly even a video explaining exactly how to access your wallet.

Category: Estate Planning

The Medicaid Estate Recovery Program (MERP) can go after an estate for money paid on a Medicaid recipient’s behalf. There are ways to set up a homestead to pass automatically on death to a beneficiary to keep Texas from taking the house. Even though this may seem like an easy process, it is best to go through an attorney who is familiar with Medicaid rules and can explain the potential downsides of naming certain people as beneficiaries. Do not give away real estate during your lifetime without talking to an attorney who knows the Medicaid rules.

Category: Estate Planning

Lifetime gifting should be done with extreme caution. There may be practical and tax consequences to giving someone a large gift during life instead of upon death. Also, large gifts can cause issues when it comes time to apply for certain government benefits.

Category: Estate Planning

You should review your estate plan every few years and after significant life events, such as marriage, divorce, birth, death, or a significant change in financial circumstances. You should contact an estate planning attorney right away if you change your mind about the people you have listed in your documents.

Category: Estate Planning

There are a lot of factors to consider when hiring an estate planning attorney. Here are a few you may want to consider:

• How long have they been practicing in this area of law?
• Wha percentage of their cases are estate planning/probate?
• Do they also have experience in probate court? Seeing how estate planning documents play out in the real world is an invaluable asset when it comes to drafting these documents.
• Do they have experience with the type of documents they are recommending to you? For example, if your plan addresses concerns related to Medicaid, are they very familiar with the Medicaid rules? If you think you may have a taxable estate, how extensive is the attorney’s tax knowledge?
• Does the attorney simply plug names and addresses into a form or are the documents customized to each client’s individual needs?
• What are their fees? Is it a flat fee or billed hourly? What is included? Are there additional costs or expenses?
• Can they explain the process and timeline in a way that you understand?
• Can they explain your options to your satisfaction or do you feel like they are pushing you towards a particular service?
• Do you get a good feeling from your conversation with the attorney? Do they seem knowledgeable/ethical? Keep in mind, a good lawyer may have to tell you things you don’t want to hear, but they should be able to do it in a way that shows you they know what they are talking about and will treat you with respect.
• Bonus points if they ask you a question you don’t know the answer to or that you hadn’t thought of before that conversation. This is a sign the attorney is thoroughly analyzing your needs.

Here are some red flags (in my opinion):

• They don’t ask you any questions before you hire. Every situation is different and the services I recommend and language I draft varies significantly from case to case.
• They utter the words “EVERYONE needs a trust” or “NO ONE needs a trust.” Estate planning solutions are not one-size-fits-all.
• You feel like you are being pressured or the attorney is talking down to you.
• You ask the attorney to explain a term or concept that is over your head and they refuse.
• You feel like they are talking down to you.
• They try to upsell you on estate tax planning when you are not and do not expect to become a multimillionaire (this is a Texas-specific red flag).
• They will not explain the documents or answer any questions before you sign.
• They do not let you review the documents before your signing appointment.
• They do not use a written contract when clients hire them. The services being provided and associated costs should ideally be in writing.

Category: Estate Planning

It is important that beneficiary designations reflect your actual wishes and are consistent with your estate plan. Sometimes this means adding beneficiaries and sometimes it means having none. If you intend to benefit a minor child or disabled person, talk to an estate planning attorney. It is often necessary to incorporate a trust into this type of planning and not rely on beneficiary designations through your bank.

Category: Estate Planning

Yes. A durable power of attorney allows someone to manage your money, property, legal matters, and taxes if you become incapacitated (and sometimes just for convenience).

Category: Estate Planning

Involving your family in discussions about your estate plan can help prevent misunderstandings and conflicts later on. Every family is different though, so the answer depends on the family dynamics.

Category: Estate Planning

Thorough estate planning requires several documents to appoint agents during life and after death, control how property passes after death, and control who handles final arrangements. The documents necessary to meet a person’s specific needs will vary.

Category: Estate Planning

Ramsey Law packages include a Will, Durable Power of Attorney, healthcare proxy or Medical Power of Attorney, Directive to Physicians (a/k/a living will), Designation of Guardian Before Need Arises, Appointment of Agent for Disposition of Remains, and when applicable, a Designation of Guardian for Minor/Disabled Children. Additional documents often included in Ramsey Law estate plans include a Living Trust, Transfer on Death Deed, and related documents.

Category: Estate Planning

If you die without a will or trust, your assets will be distributed according to state intestacy laws, which may not align with your wishes. Verbal wishes and improperly executed documents are not going to be enforceable in court as a general rule. Estates without a valid Will or trust are more likely to involve conflict and expensive, drawn out court proceedings.

Category: Estate Planning

It’s a legal document that allows someone to make medical decisions on your behalf if you can’t make or communicate your wishes.

Category: Estate Planning

A letter of intent is a non-binding document that provides additional guidance and personal wishes to your executor, trustee, or beneficiaries.

Category: Estate Planning

A living will (or directive to physicians) specifies your preferences related to life support measures if you become unable to communicate and the doctors do not expect your condition to improve. This is particularly important if you do not want to be kept on machines in an end-of-life situation. This is different from a do-not-resuscitate (DNR) order.

Category: Estate Planning

A Will or “Last Will” is a legal document that directs how your assets (money, accounts, real estate, personal belongings, vehicles, etc.) should be distributed after your death and who is in charge of your estate. It must be signed and witnessed according to state laws. A Will generally has to be taken to probate court after the person passes away to carry out their wishes.

Category: Estate Planning

Estate planning generally involves doing paperwork that controls how your property will be managed and distributed if you become incapacitated (whether due to a temporary injury/illness or permanent condition) and after death. It also covers who can make medical decisions for you when needed.

Category: Estate Planning

A Will and Revocable Living Trust can both establish who benefits from your estate and who is in charge. One main difference: a Will must generally be taken to court to be enforced and a Living Trust does not. Also, some third parties (banks, title companies) are more accepting of the authority of a Trustee than a Durable Power of Attorney agent. However, having a Living Trust is not a guarantee that the probate process will be avoided. Additionally, a Living Trust is not the only way to avoid probate court. The decision whether to do a WIll or Trust should be made with the advice of an experienced estate planning attorney who can explain the pros and cons of each option.

Category: Estate Planning

Both documents establish who will be in charge and who will get what. The main difference is a Will must be taken to probate court to enforce and a Living Trust does not. Also, assets must be transferred to the Living Trust for the trust to control those assets. Trusts are usually more expensive to set up than Wills, but probate tends to be more expensive than a Living Trust. Which option is best depends on each person’s individual needs and wishes.

Category: Estate Planning

It is important to choose someone responsible and trustworthy who can manage your affairs and carry out your wishes. There are many factors to consider when deciding who is a good fit for the role.

Category: Estate Planning

A Will controls how assets you own when you pass away (real estate, personal belongings, vehicles, money, etc.) are distributed and can also appoint guardians for minor or incapacitated children. Without a Will, state laws decide who gets what, potentially causing disputes, delays, and extra costs.

Category: Estate Planning

Estate planning, including Wills, Trusts, Durable Powers of Attorney, Medical Powers of Attorney, Directives to Physicians/Living Wills, etc., provides protection by appointing the right people to step in if you need them to, controlling how your property passes, protecting your loved ones, and minimizing costs, hassle, and conflict. Some estate planning can have tax benefits or creditor protection for beneficiaries as well.

Category: Guardianship

Yes, you can disqualify someone from serving as your guardian (while you still have capacity) with the right paperwork.

Category: Guardianship

Yes, if they are unable to serve or have done something wrong that allows for removal (not filing required reports, any sort of crime against the incapacitated person, etc.).

Category: Guardianship

Yes, though they are required to act in the person’s best interests. This is different from a power of attorney, which does not allow your agent to override your own choices.

Category: Guardianship

Yes, with the right paperwork. This doesn’t guarantee a specific person would be their guardian, but the court gives a lot of weight to your preferences.

Category: Guardianship

Yes.

Category: Guardianship

The guardianship is controlled by the court in the county where the incapacitated person (Ward) lives. If they move, the guardianship has to be moved as well. This is not a simple process.

Category: Guardianship

To execute a Power of Attorney, the signer must be able to understand the nature and consequences of that document. Guardianship is usually sought after a person is no longer able to execute a Power of Attorney.

Category: Guardianship

Only in limited situations.

Category: Guardianship

While guardians are usually family or friends, even private professional guardians can also serve as someone’s guardian.

Category: Guardianship

By setting up trusted people who can act on your behalf if needed without a court order.

Category: Guardianship

That is the court’s decision, though the individual is represented by a court-appointed attorney as well.

Category: Guardianship

The total cost of a guardianship includes court costs, attorney’s fees, ad litem fees, bond fees, annual reporting fees, notice fees, and other expenses. These costs are dependent on the type of guardianship, value of assets, the number of family members who must be notified of the process, and other factors.

Category: Guardianship

A court management trust is a trust created by the courts, usually when an incapacitated person or minor child inherits property or needs to qualify for government benefits. It is preferred that a trust be set up by an individual before it is needed, instead of going through the court system. Court management trusts often require a corporate trustee, who often charge large fees to manage trusts.

Category: Guardianship

This is a guardianship over money and property. This is usually sought when a person is unable to make financial decisions for themselves or are at risk for financial abuse.

Category: Guardianship

This is a guardianship over residence and medical matters. This is usually sought when a person cannot make medical decisions for themselves or will not leave a dangerous living situation. Parents of children who will be incapacitated even as adults should consult with an experienced guardianship attorney before the child turns 18 to evaluate this option. They may find it harder to talk to medical providers and other service providers after the child turns 18.

Category: Guardianship

Guardianship is a process where a person is deemed incapacitated (unable to make certain decisions for themselves) due to disability or age. The incapacitated person’s rights to make certain decisions are taken away and given to someone else: a Guardian. This is intended to be a last resort when nothing else will protect the incapacitated person.

Category: Guardianship

This type of guardianship exists as long as the incapacitated person needs it. If the person no longer needs a guardianship, the guardianship can be terminated through the courts.

Category: Guardianship

This type of guardianship is created in emergency situations only and is only in effect for a couple months. However, a temporary guardian is still required to report back to the court regarding activity during the course of the guardianship even if the guardianship has expired.

Category: Guardianship

In Texas, the guardianship process is complicated and takes time. All alternatives to guardianships must be considered before going down this road. If guardianship does seem to be necessary, you must hire a guardianship-certified attorney to help you through the process. This process involves applications, background checks, training, a hearing, the appointment of an attorney to represent the incapacitated person, the posting of a bond, and annual reporting to the court.

Category: Guardianship

A guardian is appointed by probate court and completely takes over an incapacitated person’s decision making for certain rights. A guardian has strict reporting, training, and bond requirements. A conservator (in Texas) is appointed in family court, often for a minor child, to make decisions about the child’s residence, education, and finances. Guardianship for minors are usually only sought when a bank or other company or agency will only accept the authority of a guardian to distribute funds or grant access to benefits. Conservatorships are not usually an option for incapacitated adults outside of custody matters.

Category: Guardianship

The court determines whether or not someone is incapacitated, whether they need a guardianship (and if so, how extensive the guardian’s powers will be), and monitor the guardian to make sure they are doing what they are supposed to be doing.

Category: Trusts

Yes, though Wills are contested more often than trusts.

Category: Trusts

Most living trusts do not offer estate tax benefits. There are some types of trusts and other estate planning tools that can, but these tools are complicated and are not always desirable.

Category: Trusts

Yes, depending on how it is drafted.

Category: Trusts

Most living trusts do not offer creditor protection for the person who sets up the trust, but do offer some creditor protection for beneficiaries. There are ways to incorporate creditor protection in a trust, but those options come with strings attached.

Category: Trusts

Yes and this is something that should be seriously considered with the help of an attorney familiar with special needs planning. A well-drafted special needs trust can be a much better option than cutting out a special needs child or leaving them an inheritance outright.

Category: Trusts

Yes. It is never a guarantee that everything you own will make it into the trust. A Will is a necessary backup measure.

tegory: Trusts

Yes, privacy is a valuable feature of living trusts since they do not need to be filed in probate court to enforce.

Category: Trusts

It depends on what you own, how you want your property to pass, whether you prioritize saving money now or simplifying the process later, and how likely you are to follow through with funding your trust. This needs to be a conversation with an experienced estate planning attorney who can explain the pros and cons to you in a way that you understand. If you are told “everyone needs a trust,” you may want to seek a second opinion.

Category: Trusts

U.S. states generally recognize the validity of trusts and other estate planning documents prepared in other U.S. states. Trusts can be particularly useful when a person owns real estate in more than one state. That being said, since laws differ from state to state, it is important to consult with an attorney in your present state of residence regarding any estate planning documents you have.

Q: I live in Dallas tx my mother passed in Cleveland, ohio Feb 5, 18 I know there is a trust fund I have two sisters who live in Cleveland, ohio and they can’t find out much is there a way to find out who is the trustee?

A: If you know what bank the trust uses, you may be able to get the name of the trustee from them (or they may not be willing to provide that information). You should talk to an attorney in Ohio to see if you can demand information through the courts.

Category: Trusts

A living trust can be a useful way to provide protection if you become incapacitated. A trustee will often have an easier time managing your assets than a Durable Power of Attorney agent. The Trustee can only control assets that are titled in trust, however, so “funding” the trust (i.e. setting up your assets to be owned by or paid to the trust) is important.

Category: Trusts

Assets that are not included in the trust and that don’t have a transfer-on-death beneficiary will become part of a probate estate.

Category: Trusts

The most common type of living trust is a revocable living trust, which is a document that appoints “trustees” to manage assets for your benefit for life, then for your beneficiaries after you pass away. Living trusts can help avoid probate court and can be useful to maximize control, minimize conflict, minimize costs, maximize privacy, and avoid guardianship in some cases. It is a myth that trusts are only for the wealthy. They are not right for everyone, so consult an estate planning attorney for more information.

Category: Trusts

An irrevocable trust is a trust that cannot be easily modified or revoked. No one should prepare an irrevocable trust without the help of an experienced estate planning attorney because there can be serious consequences related to Medicaid and access/control over property. It is always best to involve a CPA when considering irrevocable trusts as well as they are taxed differently than revocable trusts.

Category: Trusts

A revocable trust can be changed or revoked by the grantor, while an irrevocable trust cannot be changed without the consent of the beneficiaries or a court order. It is usually complicated and expensive to make changes to an irrevocable trust.

Category: Trusts

This will depend on how much control you want to have over what happens to your property after you pass, any special planning you require, and how much real estate you own.

Category: Probate Avoidance

In many cases, yes. These strategies need to be used with caution and on the advice of an attorney who understands all of the potential consequences.

Category: Probate Avoidance

Yes.

Category: Probate Avoidance

Yes, but this is only part of what needs to be done to avoid probate. There may be other factors to consider or trust alternatives before you transfer anything to a trust.

Category: Probate Avoidance

Yes.

Category: Probate Avoidance

Probate avoidance strategies may be more tax beneficial for beneficiaries than giving someone a large gift during your lifetime. It is always a good idea to consult with a CPA and estate planning attorney when evaluating these options.

Category: Probate Avoidance

Not necessarily. For property to pass to a surviving owner automatically, specific steps need to be taken.

Category: Probate Avoidance

It is important to consult with an attorney who is experienced with both probate court and estate planning to ensure you are set up to avoid probate. Not only can you get bad information about how to avoid probate, but in some cases, avoiding probate can cause problems that are far worse than going to probate court. It is not recommended to attempt probate avoidance on your own if you have minor or disabled beneficiaries or beneficiaries who do not get along. In other words, just because you can, doesn’t mean you should.

Category: Probate Avoidance

It is, but this is not a complete estate plan. You need additional documents to protect you in the event of a serious injury or illness and to cover anything that slips through the cracks. Naming a beneficiary is not a foolproof solution. It is particularly important to talk to an estate planning attorney if you want to name a minor child or disabled person as a beneficiary.

Category: Probate Avoidance

It is likely your estate will go through probate court – even if you have a surviving spouse or child – even if you co-own property. Talk to an estate planning attorney to explore your options.

Category: Probate Avoidance

The beneficiary designations you have in place will usually have control unless the law automatically voids them. It is important to keep beneficiary designations up to date.

Category: Probate Avoidance

Consult with a solicitor or attorney in each country where you have assets.