FAQS
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September 16, 2022
Why Do People Avoid Or Delay Creating An Estate Plan?
Why Do People Avoid Or Delay Creating An Estate Plan? No one wants to talk about death or incapacity. It’s not a fun subject to think about. We find that a good number of people come to us because either they’re planning the birth or adoption of a child, there’s been a death in the …
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September 16, 2022
Necessary Parties Involved In Creating An Estate Plan
In regards to a will, there is the person making the will, who is the testator, and the beneficiaries, who are going to benefit from that will. Oftentimes, contingent trust provisions are included in the will, so there might be trustees involved. If there are minor children, we usually designate guardians. In incapacity planning, there …
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September 16, 2022
What Is A Will?
A will is a document whereby the testator can name beneficiaries to receive property upon their passing. It can also define other roles, such as the executor, who would be the person to wind up the estate. It could designate guardians for minor children and provide for the care of pets. If there is a …
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September 16, 2022
What is a Trust?
A trust is an arrangement that is legally recognized. A trust is not a contract. It’s not an entity. It’s an arrangement with three different roles. You have the grantor, trustor, or settlor, who creates the trust. Then, you have the trustee, who manages the trust. Next, there’s the beneficiary of the trust, who benefits …
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September 16, 2022
What is probate?
Probate is the legal process of wrapping up an estate. It is getting the court to authorize someone to serve as the executor, paying any remaining bills, liquidating the estate, and distributing assets or proceeds to beneficiaries. If there is a will, it’s getting the court to acknowledge that the will is valid, to acknowledge …
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September 16, 2022
The Probate Process In The State Of Texas
Assuming there’s a will, we would file the original will with the court, along with an application to probate the will, and appoint our client as the executor. We would prepare an oath for that client whereby they would swear that they’re going to fulfill the terms of the will and they will sign that …
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September 16, 2022
The Role of an Attorney in the Probate Process in Texas
The Role of an Attorney in the Probate Process in Texas The attorney prepares the application and the initial pleadings. Additionally, the attorney prepares all the motions and documents that the court requires. We typically provide the notices to creditors and to beneficiaries. An attorney’s job is to make the client’s life as smooth and …
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September 16, 2022
What About Medicaid In The State of Texas?
If qualifying for Medicaid and asset preservation are a concern, we can help the client prepare. Medicaid, unlike some other government programs, is not an entitlement program; if you receive benefits, the State of Texas wants to be reimbursed upon your passing. There are also income and asset requirements to qualify. The income threshold to …
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September 16, 2022
What is a Transfer on Death Deed and how can it benefit me?
What is a Transfer on Death Deed? A Transfer on Death Deed is a tool that allows you own and control real property during your lifetime and then pass your real property to beneficiaries after your death without having to probate your estate. A Transfer on Death Deed needs at least one beneficiary but can …
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September 16, 2022
How do you make an estate plan when you have a blended family?
Estate planning for a blended family There are many ways to estate plan for a blended family and below are four of the most typical ways to address estate planning for a blended family: Reciprocal wills: Each spouse makes a will to provide for the surviving spouse and then the children/step-children. This is the simplest …
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