Estate Planning

An online will may suit some straightforward situations, but home ownership, minor children, blended families, and complex assets can require additional planning. A Texas estate planning attorney can help determine which documents are appropriate and ensure they are properly executed.

Costs depend on the documents required, your assets, family circumstances, and the complexity of your plan. Ask the attorney for a clear fee estimate covering preparation, execution, and any additional services. Confirm Kate Smith’s current fees directly with her office.

Depending on their circumstances, they may consider a durable financial power of attorney, medical power of attorney, and advance directive. These documents serve different purposes and should be prepared while the person has the required legal capacity.

Parents can consider naming a guardian in their wills and establishing a plan for managing assets inherited by minor children. The appropriate arrangements depend on the family’s circumstances and Texas law, and a court may still need to make certain appointments.

A review is advisable after major family changes. Your will, beneficiary designations, guardianship provisions, and any trusts may no longer reflect your wishes. An attorney can assess which updates are appropriate under Texas law.

Not necessarily. Texas intestacy laws determine who inherits when someone dies without a valid will. The outcome depends on factors including whether property is community or separate property and whether the deceased has children or other surviving relatives.

A will directs the distribution of property through the applicable probate process, while a properly funded living trust may allow assets held in it to pass outside probate. The best option depends on property ownership, your other assets, and your planning goals.

Not automatically. Assets generally need to be properly transferred to the trust or coordinated with it through appropriate ownership and beneficiary arrangements. An attorney can review the trust’s funding and identify any gaps.

A carefully designed estate plan may balance a surviving spouse’s needs with children’s inheritance interests. A trust may be one option, depending on property ownership, family relationships, and how you want assets distributed.

Trust-based planning often involves higher initial preparation costs and the additional work of funding the trust. Whether the expense is worthwhile depends on your assets, privacy concerns, probate goals, and long-term needs. Request a personalized comparison before deciding.

Start by locating the original will, identifying the estate’s assets and debts, and reviewing urgent obligations. The will may need to be admitted to probate before you can exercise executor authority. An attorney can explain applicable deadlines, court filings, and fiduciary duties.

Possibly, but it depends on the assets, family relationships, debts, and whether the heirs can agree. Texas provides certain procedures for estates without wills, but ownership or inheritance disputes may require court involvement. A probate attorney can assess the available options.

Costs depend on the estate’s complexity, the applicable probate procedure, court costs, attorney fees, and any disputes or additional administration required. A probate attorney can review the estate and provide a more realistic estimate. Kate Smith’s fees should be confirmed directly with her office.

Not necessarily. Your authority to sell property depends on the will, the probate process, court requirements, and the estate’s obligations. Debts, expenses, and beneficiary rights must be addressed before distributions are made. Obtain legal guidance before selling or distributing assets.

A will may be challenged on legally recognized grounds, including lack of testamentary capacity, depending on the evidence. Texas probate deadlines can be strict, and the applicable deadline depends on the circumstances. Speak promptly with a Texas probate attorney to evaluate the evidence and timing.

Estate planning names who inherits, who manages your affairs if you’re incapacitated, and who raises your kids. Anyone with assets or children needs one.

Typically a will, durable power of attorney, medical power of attorney, and directive to physicians, plus a trust and updated beneficiary forms if needed.

State intestacy law decides who inherits, and a court may appoint an administrator and guardians. Your wishes don’t count.

Cost depends on complexity. A simple will costs less than a trust-based plan. Ask for a fee quote at your consultation.

Review it every three to five years, and after marriage, divorce, a birth, a death, a move, or a major change in assets.

Yes, but signing, wording, or ownership errors can invalidate documents or cause disputes. Attorney review lowers that risk.

Choose people who are trustworthy, organized, and willing, and name backups. Different roles can go to different people.

Texas intestacy law decides. A spouse generally takes community property unless you have children from another relationship, who then share half. A will overrides this.

Yes, if entirely handwritten and signed (Estates Code §251.052). Typed wills need two witnesses; a notary isn’t required, but a self-proving affidavit helps.

Use a will or trust for your half of community property and your separate property. Beneficiary forms override wills, so update them.

Divorce voids will provisions for an ex (Estates Code §123.001), but retirement plans may follow old forms. Update everything.

Yes. Texas has no forced heirship, but say so clearly. No-contest clauses fail if the challenge was in good faith with just cause (§254.005).

Often a will is enough because Texas probate is simple. A trust adds privacy, incapacity planning, and control for minors or blended families.

Only assets deeded or retitled into the trust are covered. An unfunded home may still go through probate, so sign and record a deed.

Don’t leave assets outright. A third-party special needs trust holds money for extras while preserving SSI and Medicaid eligibility, usually without Medicaid payback.

Sometimes, but only with early planning. Texas Medicaid looks back 60 months at transfers, so act years before care is needed.

File in Tarrant County Probate Court No. 1 or 2. Uncontested estates open in weeks; closing takes months.

No. Beneficiary designations, joint ownership, transfer on death deeds, living trusts, and small estate affidavits can avoid it. Real estate often still needs a court order.

Intestacy rules apply. Heirs usually need a determination of heirship or letters of administration to transfer the house and access accounts.

Heirs and beneficiaries can sue within two years of probate (§256.204) for incapacity, undue influence, fraud, or improper signing. Contestants carry the burden of proof.

Family may need a costly, public guardianship. A durable power of attorney and medical power of attorney avoid court involvement.