Cy-Fair Area Will Preparation Lawyer
While many individuals feel uncomfortable discussing the topic of their death, it is an essential matter to consider when beginning the process of planning for the future. Whether you require the creation of one individual document or are interested in the will package we offer, The Lincoln Law Firm, PLLC, is happy to serve your needs. The documents which are included in our will package are as follows:
- Living Will, also known as Directive to Physicians
- Medical Power of Attorney
- Durable Power of Attorney for Financial Management
The State Bar of Texas and the American Bar Association recommend that every adult person have a will. A will is a legal document that allows you to direct the distribution of your property upon death in an economical and efficient manner. If you die without a will, the rules of intestate distribution dictate how your property will be passed. In Texas, your estate will be encumbered with significant additional legal expenses and delays in probate court if you do not have a will.
A trust is a legal entity in which legal title and management of the property are vested in a trustee who administers the property for a designated beneficiary. Property may be put into a trust while the donor is alive, or the trust may take effect and property transferred to it after a person dies. A trust may be included in a will. Sometimes there are tax advantages for creating a trust in your will. Additionally, if a minor child is a beneficiary of the estate, it is advisable to create a trust in the will for the benefit of the child.
If you move to a different state or country, we suggest that you have your will reviewed by an attorney licensed in that jurisdiction to determine if the will is valid in such state or country and whether or not probate of the will may be complicated by the use of an out of state will. We also advise our clients to place the original will in a safe place such as a safe deposit box, keep a copy of their will at home and also retain an electronic copy of the will. It is also a good idea to give a copy of the will to the executor named in the will. The will should be reviewed periodically so that it may be kept current. You should revise your will whenever your personal circumstances change significantly, such as with a birth, death, remarriage or divorce, or if your assets change substantially.
If you die without a will, you are considered to have died intestate. Consequently, your property will be distributed pursuant to the state's probate code provisions relating to intestacy. Perhaps one of the most important reasons for having a will is to streamline and reduce the probate process and to simplify the winding up of one's financial affairs. Intestacy can create hardships for your family and can significantly increase the cost of closing out your financial affairs. It may cost your heirs significantly more money to have your estate administered if you have not executed a valid will which appoints an independent executor to serve without the requirement of posting a bond.
In addition to preparing wills, The Lincoln Law Firm, PLLC can also prepare Living Wills (Directive to Physicians), Medical Powers of Attorney and Durable Powers of Attorney for Financial Management.
- What is a Living Will?
This document allows your doctor to withdraw or withhold life sustaining medical procedures. The living will must follow a strict legal form which your physician or lawyer can help you prepare. Physicians are legally bound to honor the living will or to help you find a doctor or healthcare provider who will honor the living will. If you decide that you want to cancel a living will, you may do so if you change your mind. You should inform your doctor that you have canceled your living will, and you should tear up or destroy all known existing living wills so the healthcare provider will not mistakenly assume that you still desire to have life sustaining medical treatment withheld from you. Some healthcare providers and institutions have special procedures regarding withholding life saving measures. For instance they may place a note in your medical records which instructs the staff not to dispatch a resuscitation team to a dying patient's bedside.
- What is a Medical Power of Attorney?
This document gives the person you name as your agent the authority to make any and all healthcare decisions for you in accordance with your wishes, including your moral and religious beliefs, when you are no longer capable of making them yourself. Because "healthcare" means any treatment service or procedure to maintain, diagnose, or treat your physical or mental condition, your agent has the power to make a broad range of healthcare decisions for you.
- What is a Durable Power of Attorney for Financial Management?
This document may be used to appoint an agent to manage your property or financial affairs if you become incapable of doing so. A power of attorney that lasts while you are incapacitated is known as a durable power of attorney; whereas a nondurable power of attorney expires when you, the principal, become incapacitated. A durable power of attorney is usually given to a spouse, close friend, or relative. The person that you give your power of attorney to should be someone you know and trust who is familiar with your wishes and is willing to accept the responsibility of making the decisions for you if you are incapacitated.
The case of Terri Schiavo brought living wills and medical powers of attorney to the collective attention of the nation. Had a comprehensive estate plan been in place, her family would have been spared the trauma and conflict that was endured. Your estate plan can also help minimize any family dispute over your end of life wishes, prevent additional family stress, and leave everyone, including you, with peace of mind.
Contact a Cy-Fair will preparation lawyer that shares your desire to plan for the future. We can assist you in understanding the various types of documents necessary to create security for your loved ones and peace of mind for you. Our firm can also aid in enhancing your knowledge regarding the many facets of estate planning and how they apply to your entire family.
Monday-Thursday 8:30 a.m.-5:00 p.m. and Friday, 8:30 a.m. - 12:00 p.m. Please be advised the firms' hourly rate applies to the initial consultation.