ADVANCED PLANNING
Wills, trusts, and estate planning attorney based in Texas, USA
ADVANCED PLANNING LAWYER Midland, Texas , USA
Planning for the Inevitable
When a loved one dies, there are often financial matters and property that must be properly administered to comply with the law. If you want to ensure your legacy is passed to your heirs in a certain way, you should consult with an attorney who has expertise in advanced planning.
If you do not have a Last Will and Testament at the time of your death, your estate could be subject to the intestacy statute. This means the law will direct your property and money to certain relatives in a certain way. This may not be best for you or your family.
At Attorney Marshall C. Herman (Principal Advocate) ESQ, we can help you to formulate a plan that will benefit your family after your death. We can assist with your advanced planning by educating you about non-probate assets, advising you about things you can do to avoid probate altogether, and explaining Indiana’s advance planning laws. In addition to wills, we can discuss important instruments such as powers of attorney, living wills, transfer on death deeds, various kinds of trusts and healthcare powers of attorney.
Of course, at Attorney Marshall C. Herman (Principal Advocate) ESQ, we can also be engaged to represent the decedent’s estate, or perhaps to just spread his will of record. Estate administrators — called personal representatives in Texas — must deal with many technical requirements, even with an unsupervised estate.
Finally, when someone dies, it can get ugly with the survivors. At Attorney Marshall C. Herman (Principal Advocate) ESQ we can assist you with estate litigation, will contests and negotiation of the sensitive issues that can arise.
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Last Will and Testament
This is a legal document through which a person provides instruction as to how he or she would like his or her property to be distributed after death. A will may be useful for other purposes as well. The will typically names one or more persons to serve as personal representative(s). It is the personal representative’s job to administer the estate until its final distribution. Many states refer to the personal representative as the executor or administrator. In Texas, an executor is a personal representative who has been appointed by the Court when a decedent died without a valid Last Will and Testament.
Power of Attorney
This is a legal document that authorizes another person to handle legal and financial matters for an incapacitated person. There are different types of powers of attorney. Some of these types include a general power of attorney, a durable power of attorney, and a limited power of attorney.
A power of attorney is recommended for almost everyone. It can save time and money if the person granting the power becomes incapacitated. If a person becomes incapacitated without doing a power of attorney, it is too late. Your significant other or family member may need to seek a guardianship in Court, which can cost time and money, and which may take some time to accomplish.
Appointment of Healthcare Representative
This is legal document similar to a power of attorney but it is used for the sole purpose of delegating to a third party the authority to make your medical and healthcare-related decisions. It typically takes effect when the person making the appointment can no longer make his or her own medical decisions. Texas also has a statute that allows use of a healthcare power of attorney. Either way, when done in advance, the healthcare representative appointment or healthcare power of attorney may eliminate the need for a loved one to seek guardianship over you if you are incapacitated. If an accident or critical illness occurs, it can be a literal lifesaver to have the decision-making appointment already in place.
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Disclaimer: The results provided are not necessarily representative of the results or of the experience of all clients or others with the lawyer/firm. Every case is different, and each client’s case must be evaluated and handled on its own merits.
