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Why You Need A Living Will And Medical Power Of Attorney?

If you have ever gone through a hospital admissions process, you’ve likely been asked if you have a living will (also known as a directive to physicians) and a medical power of attorney.

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How Much Does It Cost To Set Up A Trust?

If you are considering setting up a trust, you are most likely wondering how much it will cost you. Unfortunately, the standard lawyer answer is “it depends.”

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How Much Does It Cost To Set Up A Guardianship?

To put it simply, guardianship are very expensive. 

Most guardianships are for both:

  • The person - actual physical and medical care for the person.                                                                                  
  • The estate - taking care of all the business affairs of the person.
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Worried About A Loved One's Ability To Take Care Of Their Own Affairs?

Hopefully, you recognize the issue before it’s too late to pre-plan. The time to seriously review all of a loved one's financial and estate planning affairs is in the early stages of Dementia or Alzheimer's. Progression of the degree of incapacity varies from person to person. Obviously, a visit to a physician for a diagnosis and treatment plan should be your first priority. Then a visit to an attorney should be next.

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How Do I Avoid Needing a Guardianship?

Pre-Planning is Key

Pre-planning is necessary to avoid needing a guardianship. People live much longer these days, and Dementia and Alzheimers are a common issue families face with loved ones or themselves. Pre-planning to deal with incapacity is very smart.

Failing to pre-plan means that it may be necessary to open a court-administered guardianship. This proceeding is very complicated, time consuming, and expensive. The time to avoid all this is before you or your loved one becomes incapacitated. If you are your loved one are already incompetent, it is too late! Guardianship is the only option then.

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What Do I Do If A Loved One Dies Without A Will? (Part Two)

This blog is part two of What Do I Do If A Loved One Dies Without A Will. Part One discussed an Application To Determine Heirship proceeding, the more formal court proceeding to determine heirs and order transfer of property. Sometimes, we determine after a review of the assets of the deceased loved one that a more informal, less expensive “Affidavit Of Heirship” would be sufficient. It is not always certain that third parties will accept the informal “Affidavit,” but because it is so much less expensive than the formal court proceeding, it may be worth trying this first.

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When is probating a will in Texas not necessary

Sometimes, if your loved one has no assets that are not already disposed of by beneficiary designation or payable on death provisions, there is no need to probate a will. This frequently happens if they had already sold their home and were residing in a nursing home, and the only assets they still owned were liquid assets.

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Avoid Probate: 3 Easy Estate Planning Tools

Here are three simple tools that help you pass on assets at death without the necessity of probate, saving all parties money, time, and stress.

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What Happens In Probate in Texas?

There are generally two types of probate in Texas where the decedent had a will. A full probate or a muniment of title are the two main options. A muniment of title probate is only available when there are no debts of the estate other than those secured by liens on real estate.

A full probate in Texas is complex and can be difficult to navigate without the legal counsel of an experienced probate attorney. There are many steps in the process, all of which are essential to legally settling an estate.

After the Will is located and it is determined who will serve as executor, the executor (or someone on his or her behalf) applies to the court in the county where the deceased had legal residence to probate the will.

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Is There More Than One Type Of Probate? [Probate Q&A Video Series]

Is there more than one type of probate? In Texas, there are two broad types of probate.

Learn more about the two types of probate in Texas by watching the video.

 

 

 

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