Tuesday, July 13, 2010

4 Ways a Houston Probate Lawyer Can Help You Protect Your Family and Assets Should the Unthinkable Happen

From the desk of Kim Hegwood, Houston Probate Lawyer:

As a Houston probate and estate lawyer, I realize no one wants to think about, (or let alone plan for!) their own death or incapacity.  

However, death is something everyone must think about, especially as it relates to protecting your family physically, financially and emotionally should the unthinkable happen to you.

Yet contrary to popular belief, getting your affairs in order and proactively planning for death, incapacity and end-of-of life care can be an extremely empowering and rewarding experience.  Here are a few reasons why:

• You’ll rest easy knowing your children will never be taken into the arms of strangers or left at the mercy of a judge assigned to make painful custody/ financial decisions on their behalf.
• You’ll feel confident knowing that your family will not struggle financially or be forced sell off everything they own just to provide for your care if you were incapacitated or placed in a nursing home.
• You’ll have the peace of mind knowing your assets will be distributed privately and in a way that won’t be lost to bankruptcy, divorce or reckless spending upon your passing.

To that end, here are a few roles that a Houston estate planning attorney will play in helping you through the process:

Houston Guardianship Attorney. It's awful to think of dying before your time, but if you are a parent, you must think about who will care for your children should something happen to you. Ideally, the responsibility would fall to the spouse but what if (heaven forbid) something were to happen to both you? If nothing is documented, the state will step into the role. Yet with a good plan, you can make sure your children go to a family member or friend you trust.

Houston Asset Protection Lawyer. With a proper plan, you can protect your assets from nursing homes, creditors, etc - and avoid some of the taxes that can eat up large portions of your estate. With the help of a lawyer, you can make sure your assets go exactly where you want them…which is most likely into the hands of your loved ones.

Houston Living Will Attorney. What if you were unable to communicate or incapacitated in some manner? If you cannot make decisions, you will need someone who can in your stead.  That is where a living will comes in. You must document your wishes and appoint someone you trust to make medical decisions on your behalf so there is no question about the level of care you would want in an emergency.

Houston Executor Attorney. An executor is the one that handles your estate after you die, and by allowing this impartial attorney handle the division of the estate, you avoid the emotions and family ties that can lead to bias and strife. Impartiality will allow everything to transition smoothly.

These are just some of the areas that a Houston probate lawyer can assist you with in protecting your family, and your assets, should the unthinkable happen. However, depending on the size and complexity of your personal estate, it could require much more consideration. 

Yet it all starts by setting up an appointment with a qualified probate and estate planning attorney. We’ve made the process easier than ever than offering free Lifetime Legacy Planning sessions to readers of our blog (normally $750). However, these sessions are limited to 10 appointments per month so call 281-218-0880 to secure your spot today.