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Texas law has recognized an estate planning trick that is extremely effective to help avoid probate and is low cost, called a deed with an enhanced retained life estate, or “Lady Bird” Deed, or Transfer on Death Deed ("TODD"). These are basically the same form with minor differences. These tools can be used for all types of real estate interests in Texas and are expanding to many other states as well.

With so many estate planning and probate lawyers out there, how do you pick the right one for you? You don’t have to settle for an attorney who isn’t a good fit for you or your legal matter. These 6 questions will help you determine whether an attorney will have your best interests at heart.

When researching potential attorneys for your case, always do your homework. Choosing an unqualified or dishonest attorney could not only result in a negative outcome for your legal situation, but it could also cost you more money in the long run.

An important component of an estate plan is a statutory durable power of attorney, otherwise called a general power of attorney. This power of attorney allows you to name an agent to carry on business-type activities on your behalf if, for any reason, you are not able to do so yourself. Essentially, it helps you avoid needing a guardianship, which can be a costly and complicated process. You should not procrastinate this critical estate planning tool, as you never know what the future has in store.

An independent administration is the form of probate available when a Will contains the proper legal provisions authorizing the independent administration of the estate. This means you can avoid extensive court supervision of the handling of the estate once the will has been admitted to probate. This procedure will need to be used to settle an estate with a Will where the muniment of title approach cannot be used because of outstanding debts.

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.

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 a complicated legal proceeding. Most people have no clue exactly how complicated and expensive they are. In some situations, however, a guardianship is required to manage the affairs of a loved one. This typically includes a loved one becoming incompetent, a minor child losing both parents, and an individual functioning with diminished capacity in some way.

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.

Guardianships are a complicated legal proceeding, but the right attorney can guide you through the process and improve your peace of mind. The key to finding the best attorney for your family is to research your options ahead of time, consider their communication style and personality, and discuss their fee structure to ensure nothing takes you by surprise.