I see estate planning as a vital service to my clients. My accounting, business and real estate background helps me to better understand and provide clients with the plan they need
For most people a properly drafted Will, Power of Attorney for Business, Power of Attorney for Healthcare and a Directive to Physicians and Loved Ones are the only documents needed for an effective estate plan. While a Will is a basic part of any estate plan, trusts and family limited partnerships can also be important estate planning tools. No matter how simple or complicated an estate may be, everyone must coordinate their probate and non-probate assets as a part of their estate plan.
Probate in Texas, if you have a properly drafted Will and a competent attorney, is not a difficult process. Living Trusts can be used to avoid Probate, but for most people avoiding Probate does not justify the creation and funding of a living trust.
Probate is actually the court procedure by which a will is proved to be valid or invalid. The common usage of the term “probate” includes the process of administering an estate. Typically the administration of an estate includes paying debts and transferring titles to the benefactors named in the will.
A will can be probated as a Muniment of Title, which does not require the appointment of an Executor/Executive. Muniment of Title should only be used when you know there is no need for an administration.