Providing for the future of one’s family and heirs is not just a goal for the present. People also need to consider what will happen after they pass away. This process is called estate planning.
A Houston trusts and estates lawyer could help during every stage of this process. A knowledgeable attorney could help you identify your needs, explain your options, and craft legal documents that make your goals a reality.
Working to Craft Estate Plans that Meets a Family’s Needs
Having a comprehensive estate plan is something that every adult should pursue. These plans can provide for the future of your family as well as for your business. They can also function as a way to provide funds to a charity of your choice and avoid taxation.
The traditional way to accomplish this goal is to create a will. These documents only have a legal impact upon a person’s death and can serve as a way to create certainty for your heirs. Another option is a trust. Trusts can transfer property at any time, as well as provide protection against taxation or lengthy probate battles.
The goal of any estate plan is to minimize the impact of the state’s intestacy laws. Contained in Texas Estates Code § 201.001, this statute determines what will happen to a person’s property if they die without a comprehensive estate plan. In many situations, this can lead to animosity among prospective heirs, high probability that the deceased asset will pass to children outside the marriage, and worse unintentionally disinheriting children. A compassionate Houston trusts and estate attorney could work to craft estate plans that aim to avoid this unfortunate outcome.
Arguing for Individual’s Rights During Probate
A seasoned Houston trusts and estates lawyer could also help to protect a person’s rights when they are an heir or beneficiary under an estate plan. All interested parties have the right to contest the validity of a will under state law. This can include making an argument that a will is invalid on its face, that another will exists that supersedes a will in the court’s possession, that the current will is a forgery or the fraud, duress, or undue influence was involved.
Successfully arguing for these points could help individuals to increase their shares of an estate. In other situations, this could disinherit parties that individuals may suspect of fraud.
Let a Houston Trusts and Estates Attorney Help You Today
Forming a comprehensive estate plan does not need to be a lengthy or intimidating process. From identifying your assets, to choosing beneficiaries, to crafting legal documents, a Houston trusts and estates lawyer may be able to help.
A diligent attorney is prepared to make arguments in court concerning the validity of testamentary documents. This includes arguing for why a will is valid or arguing that a document should carry no legal effect. Schedule a consultation with a Houston trust and estates lawyer to discuss your goals.