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Families frequently come to me needing to know how to figure out who gets what when a loved one dies without a will. Unfortunately, the answer is that they may be in for a lot of expense and time in a very complicated legal proceeding. A judge will need to determine who will receive portions of the estate, either using an Affidavit of Heirship or an Application for Determination of Heirship.

Estate planning is even more important for LGBTQ+ individuals, yet it is often overlooked until it is too late. Whether you are married or not, you should consider drawing up a Will, a statutory durable power of attorney, a medical power of attorney, a power of attorney to dispose of remains, and review possible beneficiary designations to ensure your wishes are honored in the event of your passing.

In this series of blogs, I have outlined various different types of probates and probate alternatives to help you settle an estate and understand the potential costs. A dependent administration is significantly more expensive than any other type of probate. Wise estate planning could avoid this high cost.

Guardianships are complicated and time-consuming. Unfortunately, they can also be expensive. The cost of guardianship will depend on the type, labor involved, and the specific situation of the ward. While a guardianship will likely cost you several thousand dollars, in many instances, it may be necessary to avoid heartache in the future for you and your loved one.

An Affidavit of Heirship may be used where there is no Will, and even if there is a Will, if you can determine a third party will accept it to transfer the assets of the estate. The affidavit sets out the family history of the decedent fully enough to determine, under the Texas laws of inheritance, who would be entitled to receive the estate. The cost will depend on several factors but typically is less than $1,000.

Many people turn to free online forms or online templates to complete their estate planning, rather than meeting with an attorney. Unfortunately, there are many unexpected consequences to online or DIY estate planning. These "cheaper" options can lead to your Will being contested, invalidated, or requiring extra expense to probate. It can also result in an outcome that isn’t what you would have wanted. When it comes to estate planning in Texas, working with an experienced probate attorney is the best way to ensure your assets and wishes are protected.

The cost of a living trust in Texas depends on the type of trust you need. A revocable trust is one that can be completely or partially revoked either during the lifetime of the person creating the trust or afterward. An irrevocable trust means just that: it cannot be revoked. The cost of a very simple living trust is a minimum of $1,500 - $2,000. The average cost goes up incrementally with the complexity of the trust document.

Trusts are an excellent tool to provide for the future needs of yourself or your loved ones. A trust can be especially beneficial if you have children with special needs, including minor children and adult children with disabilities. There are two types: general support and supplemental care. You can also create a trust for yourself if you need to apply for Medicaid and your assets exceed the limits to qualify.

One of the first questions the family of a loved one who has passed will ask is, 'What will it cost to settle the estate in Texas?' The answer to this question depends on four key factors: the type of assets that will be transferred, if payable on death designations were made on the assets, whether there was a Will, and if the heirs agree with the terms of the probate. Based on these factors, you could expect to pay anywhere between $1,000 to upwards of $5,000.

Even well-meaning people can make mistakes, especially when overwhelmed with obligations and grief. When a loved one passes away, however, it is important that you don't wait too long to start the probate process, distribute their property before probate has finalized, contact their bank or retirement accounts too soon, forget to inform social security or pension, fail to maintain their property, or drive their vehicle. These common mistakes could end up causing more trouble and expense for you and your family in the long run.