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  • Estate Planning

    • Why do I need a Will?

      A Will is a crucial legal document that ensures your wishes are followed regarding the distribution of your assets and the care of your loved ones after your passing.

    • What are the benefits of a Trust?

      In Texas, establishing a trust offers several benefits:

      1. Probate Avoidance: Assets in a trust bypass the probate process, allowing for a quicker and more private transfer to beneficiaries.
      2. Asset Protection: Trusts can protect assets from creditors and lawsuits, depending on the type of trust.
      3. Control and Flexibility: Trusts allow you to specify how and when assets are distributed, providing control over your estate.
      4. Tax Benefits: Certain trusts can offer tax advantages, such as reducing estate taxes.
      5. Privacy: Trusts are not public records, so they offer more privacy than a will.
      6. Incapacity Planning: Trusts can manage your assets if you become incapacitated, ensuring continuity in asset management.

      These benefits can vary based on the type of trust and individual circumstances.

    • Is my Will still valid/When does my Will expire?
      •  A Will does not expire. It remains valid indefinitely as long as it meets the legal requirements of your state (e.g., properly signed, witnessed, and executed) and has not been revoked or replaced by a newer Will.
      • However, certain life events or changes in circumstances can affect the relevance or enforceability of your Will.
    • Where do I keep my Will?
      • With other Important Documents
        • Keep your Will stored in the same place you store your other valuable documents.
      • Personal Safe
        • Ensure your executor or trusted person knows the safe’s location and combination or key.
      • Safety Deposit Box
        • Access can be problematic if you are the sole owner of the box. Your executor or a trusted person should be named as a co-signer or granted access through estate planning.
      • Online Document Storage Services
        • A physical, original copy of the Will is still required for probate in Texas.
      • Possibly in County Clerk’s Office
        • Fees may apply, and retrieval may require proper identification and proof of authority.
    • If I have a Trust, do I need a Will as well?
      • Yes, even if you have a trust, it is still important to have a Will. Trusts and Wills serve different but complementary purposes in estate planning. 
        • To address assets not included in your trust
        • To name guardians for minor children
        • To minimize legal complications
        • To clarify intentions
        • To capture assets that may have not been transferred to your trust
    • Why is Estate Planning necessary?
      • Estate planning helps you do the following:
        • Protect your assets
        • Minimize taxes and expenses
        • Avoid probate where possible
        • Ensure your wishes are honored for health and financial decisions
    • What documents are included in a basic Estate Plan in Texas?
      • A Last Will and Testament
      • Statutory Durable Power of Attorney
      • Medical Power of Attorney
      • HIPPA Release
      • Advance Directive
    • How often should I need to update my Estate Plan?
      • You should review and update your estate plan after major life events, such as:
        • Marriage or divorce
        • Birth or adoption of children
        • Significant changes in finances
        • Significant changes in owned assets
        • Death of a beneficiary or executor
        • Changes in Texas or federal estate laws
    • What are payable-on-death (POD) and transfer-on-death (TOD) designations?
      • POD and TOD designations allow you to name beneficiaries for financial accounts or real estate. These assets pass directly to the named beneficiaries, bypassing probate.
    • Who should I appoint as my Executor?
      • Appointing an executor is a critical decision when creating a Will. The executor is responsible for managing your estate, settling debts, distributing assets to beneficiaries, and ensuring that your wishes are carried out.
      • By carefully selecting an executor who is capable, trustworthy, and willing to serve, you can ensure your estate is managed effectively and your wishes are respected.
    • Why should I hire an Estate Planning attorney and not do it myself?
      • While not legally required, consulting an estate planning attorney ensures your documents comply with Texas law, are enforceable, align with your goals, and address complex situations like blended families or significant assets.
    • What is a Trust?
      • A trust is a legal arrangement where one party, known as the trustee, holds and manages assets for the benefit of another party, called the beneficiary. The person who creates the trust is known as the grantor or settlor. Trusts are used to manage and protect assets, provide for beneficiaries, and achieve specific financial or estate planning goals. They can be revocable or irrevocable, depending on whether the grantor retains the ability to modify or terminate the trust.
    • What is a Lady Bird Deed?
      • A Lady Bird Deed, also known as an Enhanced Life Estate Deed, is a legal document used in Texas to transfer property upon the owner's death without going through probate. It allows the property owner to retain control over the property during their lifetime, including the right to sell or mortgage it. Upon the owner's death, the property automatically transfers to the named beneficiaries, bypassing the probate process. This type of deed can also help protect the property from Medicaid estate recovery.
    • What documents need to be in place when my child turns 18?
      Turning 18 is a major milestone but it also comes with serious legal changes that many families don’t realize. Once your child becomes a legal adult, you may no longer have the automatic right to access their medical information or make important decisions on their behalf in an emergency. Without the proper documents in place, this can lead to unexpected legal hurdles during critical moments. Our College Protection Package is designed to help families stay prepared. It includes essential documents like a Medical Power of Attorney, HIPAA Release, and a Statutory Durable Power of Attorney, giving you the ability to step in when it matters most.

  • Probate

    • What is Probate?
      • Probate is the legal process through which a deceased person’s estate is settled. Through the probate process, the decedent’s Will is validated. A Will does not transfer assets until it is probated.
    • What happens when a person dies without a Will in Texas?
      • If there is no Will, the estate is distributed according to Texas intestacy laws, which prioritize heirs based on their relationship to the deceased, such as a surviving spouse, children, or parents.
    • Is Probate always required in Texas?
      • No, probate is not always required. If the deceased’s assets are non-probate assets (e.g., jointly owned property with right of survivorship, payable-on-death accounts, or assets held in trust), probate may not be necessary. Our Denison probate attorney can discuss probate and possible alternatives to probate if there are assets that need to be transferred to a deceased’s beneficiaries.
    • What types of Probate and estate administration exist in Texas?
      • Affidavit of Heirship
      • Small Estate Affidavit
      • Muniment of Title
      • Full Probate for Letters Testamentary
      • Full Probate for Letters of Independent Administration with Heirship
    • Is there a time limit to probate a Will?
      • In Texas, a Will must be filed for probate within four (4) years of the testator’s death.
    • What assets go through probate in Texas?
      • In Texas, probate involves transferring ownership of assets that were solely in the deceased person’s name or were not otherwise transferred through a mechanism like a trust, survivorship agreement, or a beneficiary designation.
    • Does having a Will avoid Probate?
      • No, having a will does not avoid probate. A Will simply provides instructions for how your assets should be distributed and your affairs settled after your death. A Will does not transfer title to assets until it is probated. In order to avoid probate, a person should consider other estate planning strategies such as a living trust, Transfer on Death Deed or Lady Bird Deed, and making sure certain assets have beneficiary designations.
    • What are Letters Testamentary or Letters of Administration?
      • Both are legal documents issued by a probate court to authorize an individual to act on behalf of a deceased person’s estate.
        • Letters Testamentary: A document issued by the court that grants the executor named in the Will the authority to manage the deceased’s estate.
        • Letters of Administration: A document issued by the court that grants an administrator the authority to manage the deceased’s estate when there is no Will, or the named executor(s) cannot serve.
    • Who is responsible for paying the deceased debts?
      • The estate is responsible for settling debts. Creditors must file claims against the estate during the probate process. Beneficiaries and heirs are generally not personally liable for the deceased's debts; however, creditors may seek payment from the assets of the estate.

  • Real Estate

    • What are the steps in the eviction process in Texas?
      • The eviction process generally follows these steps:
        • Serve the tenant with a Notice to Vacate.
        • File an eviction lawsuit (Forcible Entry and Detainer) in the local Justice of the Peace court if the tenant does not comply.
        • Attend a court hearing to present evidence.
        • Obtain a Writ of Possession to have the tenant removed if they do not vacate voluntarily.
    • What is a notice to vacate?
      • A Notice to Vacate is a written notice that informs the tenant they must leave the property by a specific date. It is the first step in the eviction process and must comply with Texas property law.
    • How much notice must a landlord give before filing for eviction?
      • In most cases:
        • Nonpayment of rent: At least 3 days' notice unless the lease specifies a different timeframe.
        • Other lease violations: The notice period may vary but is typically 3 days unless otherwise stated in the lease.
        • No cause or end of lease: A landlord generally must give at least 30 days' notice in order to terminate a month-to-month tenancy.
    • What is a Writ of Possession?
      • A Writ of Possession is a court order that allows law enforcement to remove a tenant and their belongings from the property after an eviction judgment.
    • Can lease terms be negotiated?
      • Yes, both residential and commercial tenants can negotiate lease terms before signing. Negotiations are more common in commercial leases, where terms like rent escalations, improvements, and renewal options are often customized.
    • What is a legal description, and why is it important?
      • A legal description precisely identifies the property being transferred. It is more specific than a street address and typically includes details like lot and block numbers, survey information, or metes and bounds.
    • What all goes into a “closing”?
      • The real estate closing process involves a lot of detailed steps, documentation, and financial transactions. It’s important to review all documents thoroughly before closing day and ensure that all obligations are met, both legally and financially, to ensure a smooth transfer of ownership. Working with a real estate attorney, title company, or closing agent can help ensure everything is handled properly.
    • What is a lien?
      • A lien is a legal claim or right against a property, typically used as security for the repayment of a debt or obligation. It gives the lienholder (the person or entity holding the lien) a legal right to take possession of or sell the property if the debt is not paid according to the terms of the agreement.
    • Do I need a real estate agent to buy/sell a house?
      • You do not need a real estate agent to buy or sell a home, but you do need to be aware of the process and legal requirements, which is where an attorney can assist.

  • Business Entity Formation

    • What are the most common types of business entities in Texas?
      • Sole Proprietorship
      • General Partnership
      • Limited Partnership
      • Limited Liability Company
      • Corporation
      • Professional Corporation
      • Non-profit
    • What is required to form an LLC in Texas?
      • To form an LLC in Texas, you must:
        • Choose a unique business name that complies with Texas naming rules.
        • File a Certificate of Formation with the Texas Secretary of State.
        • Designate a registered agent for service of process.
        • Create an operating agreement (not legally required but recommended).
        • Obtain an Employer Identification Number (EIN) from the IRS.
    • What is a Professional LLC (PLLC) or Professional Corporation (PC)?
      • A PLLC or PC is a special business entity for licensed professionals (e.g., doctors, lawyers, accountants) that combines liability protection with compliance requirements specific to their profession.
    • What is a Limited Liability Company?
      • An LLC is a flexible and popular business structure that combines the benefits of a corporation’s limited liability protection with the operational simplicity of a partnership or sole proprietorship
    • What are the advantages of forming a Limited Liability Company?
      • An LLC offers the best of both worlds: limited liability protection and operational flexibility. It’s ideal for small to medium-sized businesses that want to protect personal assets while enjoying tax benefits, fewer formalities, and the ability to structure the company according to their needs.
    • Can I use my home as my business address in Texas?
      • Yes, many small business owners use their home address as their business address. However, you may want to consider privacy concerns and zoning regulations before doing so.
    • Can I change my business entity type in Texas later on?
      • Yes, you can convert your business entity (e.g., from a sole proprietorship to an LLC) by filing the necessary paperwork with the Texas Secretary of State and updating tax or licensing records.
    • Do I need an Employer Identification Number (EIN) for my business entity?
      • Yes, an EIN is required if you:
        • Hire employees
        • Operate as a corporation or partnership
        • Need to file employment or excise tax returns
        • Open a business bank account
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