The State of Texas requires a deceased person’s assets to be distributed according to a specific procedure, known as the probate process. For this reason, when a loved one dies and leaves behind personal property and/or real property, that person’s estate must go through the Probate Process in order to pass the title to the property to the deceased person’s beneficiaries as listed in their Will.  If the deceased person leaves behind a Will and owns property at the time of death, the Will must typically be probated before the estate assets and decedent’s property can be distributed to the surviving beneficiaries.

Heirship simply means you are the legal heir of someone who has died without a Will. Heirs are different from beneficiaries. Beneficiaries are the people named in a Will who inherit from someone who has died. When there is no Will, an heirship is created. In general, when a person dies without a Will, their assets are passed down to their heirs through a process called administration of the estate. A surviving relative files a petition with the probate court asking that the deceased’s assets be distributed to their heirs. The court then distributes the assets according to the laws of intestacy in the state where the deceased person resided at the time of their death.

An inevitable outcome of estate planning is the need to manage its results. Executors and trustees frequently engage our team to oversee the administration of estates and trusts and to handle the required legal, tax and accounting work. We also assist in carrying out various fiduciary functions, such as collecting, valuing and disposing of assets and maintaining all records, with the assistance of our experienced team of fiduciary accountants and administrators. Even in this more settled area of law, important steps need to be taken to reduce taxes and preserve wealth, while ensuring that the intentions of the grantors are preserved and the needs of beneficiaries served.

A last will and testament is one of the most important estate planning documents you can prepare. Not only does it allow you to direct where your property will go upon your death, but it can also provide you great peace of mind during your lifetime, knowing that your affairs will be taken care of in the way you want. Although state law varies regarding requirements, a will generally must be executed by an adult who is of sound mind. This person is called the “testator.” The testator chooses an executor to handle the distribution of the estate and names the people who will inherit the estate.

A power of attorney (POA) is a legally binding document that allows you to appoint someone to manage your property, medical, or financial affairs during your lifetime. Although it can be uncomfortable to think about needing one, a POA is an important part of any estate plan. Anyone over 18 can create a POA, and it’s a common starting point for people who are ready to start formalizing plans for their future. A POA is typically used by those who cannot manage their affairs. This is generally due to an illness, aging, a disability, or simply being away for an extended period of time.

Living wills and other advance directives are written, legal instructions regarding your preferences for medical care if you are unable to make decisions for yourself. Advance directives guide choices for doctors and caregivers if you’re terminally ill, seriously injured, in a coma, in the late stages of dementia or near the end of life. Advance directives are not just for older adults. Unexpected end-of-life situations can happen at any age, so it’s important for all adults to prepare these documents.

When a patient is not able to speak for themselves, patient advocacy is paramount to ensure that a patient receives compassionate care and a comprehensive care plan. As a patient advocate, a person will often assist in the plan of care, admission process, and discharge process to be sure that the patient receives optimal care while navigating legal issues.