Every matter begins with listening. I explain your options in plain language, identify practical next steps, and help you make informed decisions. Select any item below to read more about it.
A will tells the court who should receive your property and who you trust to handle your estate as executor. If you have young children, it is also where you name the guardian you want to raise them. Under Texas law, a typed will must be signed in front of two witnesses, and I add a self-proving affidavit so your witnesses won’t need to testify later. A properly written will can also allow independent administration, which usually makes probate simpler and less expensive for your family. Without a will, Texas law decides who inherits, which may not match your wishes.
A trust holds property for the people you choose and lets a trustee manage it under your instructions. A revocable living trust can be changed at any time, keeps assets titled in the trust out of probate, and provides a plan if you become unable to manage your own affairs. An irrevocable trust generally cannot be changed once it is signed, but it can be useful for asset protection, Medicaid planning, or providing for a family member over the long term. A trust only works for the assets actually transferred into it, so I help you retitle property and update beneficiary designations. I’ll explain which type, if any, fits your goals.
Nursing home care can cost thousands of dollars a month, and Texas Medicaid can help pay for it if you meet strict income and asset limits. Medicaid reviews gifts and transfers made during the five years before you apply, so planning ahead matters. I help families understand which assets count, how a spouse at home can be protected, and when a Qualified Income Trust (also called a Miller trust) is needed because income is over the limit. I also explain the Texas Medicaid Estate Recovery Program, which may seek repayment from an estate after death. The goal is to get care paid for while protecting as much as the law allows.
Texas law protects certain assets, such as your homestead and most retirement accounts, from many creditors. Planning can make the most of these protections through the right mix of ownership, trusts, insurance, and business entities. Protection has to be put in place before a claim or debt arises; transfers made to avoid an existing creditor can be undone. On the tax side, Texas has no state estate or inheritance tax, but large estates may still face federal estate tax, and gifts and property transfers can have income tax effects. I help you plan with both in mind and coordinate with your CPA when needed.
Texas is a community property state, so most property acquired during marriage is presumed to belong to both spouses. A prenuptial agreement, signed before marriage, lets a couple decide in advance how property, income, and debts will be treated. A postnuptial agreement, made during marriage, can do much of the same, including converting community property into separate property. To hold up, an agreement must be in writing, signed voluntarily, and should be based on fair disclosure of each person’s finances. Each spouse should have their own attorney, and I represent one party in these agreements.
Probate is the court process that confirms a will, appoints an executor, and transfers property after someone dies. Texas offers several paths, and I help families choose the simplest one that fits: independent administration, probate as a muniment of title when there are no unpaid debts other than real estate loans, or a small estate affidavit for certain smaller estates without a will. When there is no will, a determination of heirship may be needed to establish who inherits. I guide executors through notices, inventories, paying valid debts, and distributing property. A will generally must be filed for probate within four years of death, so it’s best not to wait.
When an adult can no longer make safe decisions about their care or finances, a court can appoint a guardian. In Texas, a guardian of the person handles decisions about care and living arrangements, and a guardian of the estate manages money and property, what many other states call a conservator. The process requires a court application, a physician’s evaluation, and a hearing, and the court appoints an attorney to represent the person who may need a guardian. Texas courts must consider less restrictive options first, such as powers of attorney or a supported decision-making agreement. I help families decide whether guardianship is necessary and, if it is, guide them through each step.
