FAQ’s
FAQ's
FAQ's
ESTATE PLANNING
Yes. Without a will, Texas law decides who inherits your property — and that distribution may not match your wishes. If you have minor children, a will is the only way to name a guardian of your choosing. Estate planning isn't about age; it's about making sure the people you love are protected.
A will takes effect at death and must go through probate in Texas. A revocable living trust, by contrast, holds your assets during your lifetime, avoids probate entirely, and can provide seamless management if you become incapacitated. The right choice depends on your asset types, family situation, and privacy preferences — we'll help you decide.
A thorough Texas estate plan typically includes a Last Will and Testament, a Statutory Durable Power of Attorney, a Medical Power of Attorney, a Directive to Physicians (living will), and a HIPAA Authorization. Depending on your situation, we may also recommend a revocable living trust, a Declaration of Guardian, or beneficiary designation reviews.
Online templates can feel like a shortcut, but they're generic — not tailored to Texas law or your specific family and financial situation. A document that is signed incorrectly, lacks the right witnesses, or fails to coordinate with your beneficiary designations can create expensive problems for your family. An attorney ensures everything works together the way you intend.
Texas estate planning attorneys commonly recommend reviewing your plan every three to five years, or sooner after a major life event: marriage, divorce, the birth of a child or grandchild, a significant change in assets, the death of a beneficiary or named executor, or a move to a new state. Laws change too — what worked ten years ago may need updating.
FAQ's
PROBATE
Probate is the court-supervised process of validating a will and transferring assets to beneficiaries. Not every estate requires a full probate proceeding. Texas offers streamlined options — including muniment of title, small estate affidavit, and independent administration — that can significantly reduce cost and time. We'll assess your situation and recommend the most efficient path.
A Texas independent administration — the most common and efficient form — typically takes six months to a year from start to finish, though complex estates or contested matters can take longer. The process begins with filing an application in the county where the deceased resided; Bexar County estates are handled in the Probate Court here in San Antonio.
Dying intestate (without a will) means Texas's intestacy statutes determine who inherits — and the result is often not what the family expected. For example, a surviving spouse does not automatically inherit everything if there are children from a prior relationship. The estate must still go through probate, and the court will appoint an administrator rather than an executor of your choosing.
No. As executor you are responsible for notifying creditors and paying valid debts from estate assets — but you are not personally liable for debts that exceed the estate's value. There are important notice requirements and creditor claim deadlines under the Texas Estates Code that must be followed carefully to protect the estate and its beneficiaries.
FAQ's
TRUSTS & GIFTS
A revocable living trust is a legal arrangement in which you transfer ownership of assets to the trust — while retaining full control during your lifetime. At death, the trustee distributes assets to your beneficiaries without probate. They're particularly useful for people with real estate in multiple states, blended families, privacy concerns, or assets they want managed seamlessly during incapacity.
A special needs trust allows you to leave assets for a loved one with a disability without disqualifying them from means-tested government benefits like Medicaid or SSI. Without one, an inheritance can inadvertently cut off critical benefits. These trusts require precise drafting to comply with both federal and Texas law — this is one area where working with an experienced attorney is essential.
Strategic gifting can reduce the size of a taxable estate and transfer wealth to loved ones during your lifetime. The annual federal gift tax exclusion allows you to give up to a set amount per recipient each year without filing a gift tax return. Combined with 529 education accounts, irrevocable trusts, or other vehicles, a gifting strategy can be a powerful complement to your overall estate plan.