Planning for the future can be overwhelming, but the right legal support can empower you to take control of your estate. Create a plan that ensures your wishes are carried out, and your loved ones are taken care of with the help of a wills and trusts lawyer in Texas.
Marc Whitehead & Associates has been serving people from all walks of life for over 30 years. Whether you need help drafting a will, setting up a trust, or navigating the complexities of estate laws, our lawyers can help.
Work With a Trusted Texas Wills and Trusts Lawyer
As Texas elder law lawyers, we advocate for the rights and well-being of seniors, ensuring they receive the benefits and legal protections they deserve. We play a vital role in the estate planning process, helping our clients secure their future and address their unique needs.
Create Wills and Trusts
We help you establish wills and trusts that address your unique needs. This can include creating special needs trusts, which are designed to preserve eligibility for government benefits, such as Social Security or Medicaid.
Ensure Proper Distribution
We help ensure the proper distribution of your assets by creating clear, legally binding documents that outline your wishes. By drafting a will or establishing trusts, we work with you to specify who will receive your property, money, and other assets after your passing.
Your plans are designed to comply with state laws, minimizing the risk of disputes among beneficiaries. Additionally, we reduce tax burdens and court involvement, making the process smoother for your loved ones. With our guidance, you can have peace of mind knowing your assets will be distributed according to your wishes.
Guardianship and Power of Attorney
Our lawyers can help establish guardianship or powers of attorney in situations where a person with a disability cannot manage their affairs. This ensures that a trusted person can make decisions on their behalf, particularly concerning finances and healthcare.
Navigate Legal Challenges
In disputes over asset management or challenges to a will or trust, our wills and trusts lawyers can represent you or your family in legal proceedings.
Update Existing Estate Plans
If your needs evolve or your disability status changes, the legal team at Marc Whitehead & Associates can update existing wills or trusts so the estate plan continues to meet your needs.
Everything You Need to Know About Wills
A will is a legal document that outlines how a person’s assets and belongings should be distributed after their death. It allows you to choose who will receive your property, care for your minor children, and manage your estate.
The purpose of a will is to ensure your wishes are followed and to help avoid confusion or disputes among family members.
In Texas, for a will to be valid, it must meet certain requirements:
- Written document: The will must be in writing, either typed or handwritten.
- Testator’s signature: The person creating the will (known as the testator) must sign it.
- Witnesses: At least two witnesses who are not beneficiaries of the will must sign it in the testator’s presence.
- Capacity: The testator must be of sound mind and at least 18 years old.
Common Mistakes to Avoid When Creating a Will
A Texas wills lawyer ensures that the document complies with state laws by reviewing it for legal requirements, providing guidance on asset distribution, and helping avoid common mistakes.
The most common mistakes when drafting a will include:
- Ambiguous language: Vague or unclear instructions can lead to confusion or disputes.
- Failure to update the will: Not updating your will after major life changes (e.g., marriage, divorce, birth of children) can result in unintended outcomes.
- Not considering all assets: Your will may not cover some assets, such as life insurance policies or retirement accounts.
- Improper witness signatures: Without the proper witnesses, your will could be considered invalid.
Working with a Texas wills lawyer ensures your will is clear, valid, and meets legal standards, giving you peace of mind that your wishes will be honored.
An Easy Guide to Understanding Trusts
A trust is a legal arrangement where one person, known as the trustee, holds and manages assets for the benefit of another person, called the beneficiary.
The purpose of a trust is to ensure that your assets are handled according to your wishes and can provide added security and protection for your loved ones.
There are several types of trusts, each serving different purposes:
- Revocable trust: A trust that can be changed or revoked by the person who created it (the grantor) at any time. It offers flexibility but does not protect assets from creditors.
- Irrevocable trust: Once created, this trust cannot be changed or revoked. It provides stronger asset protection and potential tax benefits but gives up control over the assets.
- Living trust: A trust created during the grantor’s lifetime. It helps avoid probate and allows for the management of assets if the grantor becomes incapacitated.
- Testamentary trust: A trust created through a will that comes into effect after the grantor’s death. It helps manage assets for beneficiaries over time.
A Texas will and trusts lawyer can help you choose the right type of trust based on your goals. They will consider factors such as your asset protection needs, tax planning, and whether you want flexibility or control over the trust.
Call a Texas Wills and Trusts Attorney Today
The team at Marc Whitehead & Associates provides valuable assistance with various aspects of estate planning. We can help you draft or update your will or trust to ensure it reflects your current wishes.
Your attorney will also make sure everything is in line with Texas laws so your plans are legally sound. In addition, we can help you distribute your assets fairly and efficiently, considering potential tax implications.
If your loved ones need help after your passing, your lawyer can assist with probate and the administration of your estate. Also, if any disputes arise concerning your will or trust, a knowledgeable lawyer is ready to help resolve issues and protect your intentions.