Fort Worth Estate Planning Attorneys Explain Estates with a Will
Testate (Estates with a Will)
What will happen after you or your loved one are gone? Per the directions in your or your loved one’s last will and testament prepared by Fort Worth Estate Planning Attorneys, what is left behind will go to the beneficiaries named in the last will and testament. If you or your loved one have a properly drafted and executed estate plan, it will make your or your loved one’s passing much easier on the friends and loved ones that are left behind. They will know exactly what you or your loved one want done and will be able to obtain the legal authority to carry out those wishes. The attorneys at Hurr Law Office P.C. know exactly what to do when someone brings a will to us and tells us that it is time to carry out the wishes of the person who has passed away.
Intestate (Estates without a Will)
What if you or your loved one didn’t leave a will or an estate plan? The State of Texas has made provisions for those without a will or estate plan. Who will receive your or your loved one’s possessions and in what percentages, and how your or your loved one’s creditors will be paid is laid out in The Texas Estates Code. But before anything can be done with your or your loved one’s possessions or debts, the heirs (the people who will get the possessions) will have to be determined (Heirship Determination), then someone may have to be appointed by the Court to represent the estate in dealing with heirs and creditors. The attorneys at Hurr Law Office P.C. are adept at answering questions and walking those left behind through this difficult time.
What if you don’t have any possessions? It is a very rare instance indeed when someone dies and leaves absolutely no possessions behind. More often someone will die and leave behind a minor child who stands to inherit a small life insurance policy, a car or truck, a house with a mortgage, a bank account with a few thousand dollars in it, and some household possessions. Unfortunately, that minor child does not have the legal authority to take possession of your possessions or be appointed by the Court to deal with your creditors. Someone will have to apply to the Court on your minor child’s behalf (usually the natural mother of the child) to have your heirs determined and someone (possibly the natural mother of the minor child) appointed to represent your estate.
In some cases there is not a Will, the value of the estate is sufficiently small, and there are either no creditors or the value of the estate is sufficient to pay the creditors and a Small Estate Affidavit will suffice. The Fort Worth Estate Planning Attorneys at the Hurr Law Office P.C. are adept at determining when a Small Estate Affidavit is the best choice.
But what if there is a Will and really only the name on the titled property needs to be changed? Then a Muniment of Title may be the proceeding of choice. Again, the attorneys at Hurr Law Office P.C. are able to advise clients of the options available and assist them in determining the best one for their particular situation.
Affidavits of Heirship can be useful in certain situations. The attorneys at Hurr Law Office P.C. can help you determine if an Affidavit of Heirship will work for you.
A Guardianship in Texas is a very delicate and sometimes difficult situation. At HLO we understand the nature and process involved in all Guardianship matters. We will work closely with you to ensure that your needs are met and respected throughout the Guardianship Process
Creation of a Guardianship
Do you know someone who has lost or never had capacity to care from him or herself? At HLO, we can work with you in situations where you need to create a guardianship over the person, estate, or both.
Representation of a Guardian
A guardian of the estate requires representation by an attorney. The attorneys at Hurr Law Office P.C. are experienced in assisting guardians of the estate with the duties and responsibilities required by the court and state law.
Is someone trying to establish a Guardianship when it isn’t necessary?
Is someone seeking appointment as Guardian and you do not feel he or she is qualified or appropriate?
Is someone trying to establish a guardianship over you and you don’t feel it’s appropriate?
The attorneys at Hurr Law Office P.C. are able to assist when a guardianship isn’t necessary and/or a guardian isn’t qualified or appropriate. Call us and discuss your situation so that we can assist you.
How do you create a will or estate plan? Simple, call the attorneys at Hurr Law Office P.C. With your desires as the end goal, we will create an estate plan to accomplish them. If you tell us what you have and what you want done with it, we will properly draw up and execute the documents that you will need to ensure that your wishes are carried out when you have passed away. A little time and effort on your part today will save your loved ones countless hours of stress and frustration after you have passed away.
What if things have changed and now you want to change your will and/or estate plan? A marriage, a birth, an adoption, a divorce, a death, an inheritance . . . these are all changes that may make you want to rethink your current will and/or estate plan. The best place to start with changes to your current will and/or estate plan is with a competent attorney who will listen to you, reduce your stated wishes and desires to writing in the proper format and ensure the documents created are properly executed. The attorneys at Hurr Law Office P.C. enjoy assisting people with updating a will or estate plan. We are available to assist you changing and updating a document or two, or revising your complete estate plan.
What if you are worried about an aging friend or loved one? As people age, they aren’t as young as they used to be. It is often difficult for the older person to accept help, or even acknowledge that help is needed. He or she may be worried about appearing weak, old or a burden. There is also the real fear that someone could take advantage of him or her and that he or she would be powerless to stop that person and too embarrassed to tell anyone. With a well drafted and properly executed estate plan in place, friends and family can easily step in and assist an aging loved one. However, there are times when an estate plan is not available to follow or the situation has progressed to a point where a guardianship is necessary. The attorneys at Hurr Law Office P.C. are well versed in the guardianship section of The Texas Estates Code, and they have experience with simple straight forward guardianships, complex convoluted guardianships, and those that fall in between.
Simple Estate Planning
What if you are or someone you love is incapacitated in someway and cannot speak for yourself and/or competently carry out your daily affairs? It helps if an estate plan is in place. Here at Hurr Law Office P.C., a basic estate plan consists of a last will and testament, a durable statutory power of attorney, a medical power of attorney, an advanced directive (also known as a living will) and a declaration of guardian. If your situation calls for it, we will also include a declaration for minor child(ren). With these documents in place you can help your loved one or your loved one can help you with minimal disruption to your life or your loved one’s.
More Complex Planning
The attorneys at Hurr Law Office P.C. will want to know why you want a trust. Why you want a trust helps the attorneys focus their discussion with you and determine the best trust for you. A trust can be set up and funded during a Settlor’s lifetime, or even at the death of the individual who established it. Even if you aren’t wealthy, trusts can help you ensure that your assets are managed according to your wishes during your lifetime and after you die. Contact an attorney at Hurr Law Office P.C. for more information.
Are you a trustee of a Trust? If so HLO can assist you in carrying out your required duties to ensure that you fulfil the terms of the Trust agreement.
Trust Litigation/Breach of Fiduciary Duty
What if you are involved in a Trust? In a perfect world, a trust will do what the person who established the trust wants the trust to do. Sometimes issues arise that prevent this from happening. A beneficiary may not like how the trustee is handling trust assets or making distributions. A trustee may not be clear on who exactly the beneficiaries of the trust are or be able to carry out their duties because the terms of the trust are not clear. The attorneys at Hurr Law Office P.C. are available to assist you in navigating the trust document, determining your options and reaching a resolution.
Did your loved one leave everything to a stranger, or, even a trusted employee but completely cut out close family members? There could be a case of undue influence and/or capacity. If you feel that your loved one’s true wishes are not accurately reflected in the Will that is proposed for probate, contact the attorneys at Hurr Law Office P.C. to find out what your options are at this point.
Estate and Probate Litigation
What if you are a beneficiary of a will but the will is not being followed? Unfortunately, the process of probating and administering an estate can sometimes bring out the worst in people. If you feel that something is amiss with how an estate is being handled, the Fort Worth Estate Planning Attorneys at the Hurr Law Office P.C. can help you. Whether it is a contest, claim for breach of fiduciary duty, claim for undue influence or just a suspicion that something isn’t quite right, the attorneys at Hurr Law Office P.C. are available to assist you. Call 877-350-9181 today!