Probate Estate Law

Probate Lawyer Arlington, TX

Probate Lawyer Arlington, TX

If you are at that point in your life where you are thinking about the “what ifs,” then it is probably time to discuss your estate plan. You might be wondering how to handle the disposition of a parent or grandparent’s estate. Brandy Austin Law Firm has caring and helpfull staff to guide you through the estate planning process.

Medicaid Planning and Asset Protection

Long-term care in a skilled nursing home can be very expensive. The average cost for nursing care is between $4,500 and $6,000 per month. How long will your retirement savings last? You can afford that care if you qualify for Medicaid and avoid the penalty periods Medicaid imposes for gifting and estate recovery after your death. Let our skilled legal team review your plan to see if you are eligible for Medicaid and to protect the assets you currently have.

Estate Administration And Planning

For many people, the thought of addressing the issue of their own mortality is understandably difficult. It usually takes a bit of coaxing by a family member to get that person to start putting “paperwork” into a folder for the inevitable lawyers consultation.

On the other hand, we also think about our families and the burden that will be placed on them if we leave everything for them to figure out after we are gone. We at Brandy Austin Law Firm, have thought about these same questions and have helped many people craft their estate plans. We can help you, too.

  • You do not need to have every document in hand in order to meet with us. At the first consultation, we will let you know the documents we require to put a plan in place.
  • The schedule is mostly yours to decide.
  • We help to make the whole planning process manageable — not overwhelming. Please call us at 800-958-4948 or complete our online form.

Probate And Will Contests

After a person passes away, his or her estate must be finalized and distributed to the living heirs. If a person left a will, he or she has already determined how to distribute the assets in the estate. If there is no will, assets will be distributed according to state law. The law provides for a minimum percentage to go to certain heirs, such as spouses and children.

However, sometimes the heirs to an estate do not believe that part or all of the will is valid. Someone may challenge the will and file a lawsuit in court to stop the probate process until a judge can review the evidence and decide how to proceed. We will help you through the probate process and assist with any litigation over the estate that might arise.

Everyone Should Have A Will

A will ensures that everything you have worked for during your life will go to the people you want it to go to. Having a will can prevent problems among children, stepchildren, second marriages and long-lost cousins.

Do I Need a Guardianship if I have Power of Attorney?

 

As is the case with many areas of law, it depends according to a probate lawyer Arlington, TX trusts. A guardianship of an adult is a legal proceeding that allows one person to make decisions on behalf of another. A Power of Attorney is a legal document that gives one person that authority to make decisions on behalf of another. Similar? Absolutely.

 

A Power of Attorney is a document created during the estate planning process with the help of a probate lawyer in Arlington, TX. The goal is for a person to choose another, trusted individual to act on their behalf should they become incapacitated. The Power of Attorney allows that chosen person to make financial and healthcare decisions on behalf of the other. This document is created when the person still has capacity.

 

A guardianship, on the other hand, is a legal process that is commenced after the individual has lost capacity to make financial and healthcare decisions on their own. This is a legal proceeding that will require court appearances, doctor evaluations, and testimony. This process is not taken lightly and it shouldn’t be – after all, it’s taking away the rights of another person.

 

Is a Guardianship needed if a Power of Attorney exists?

 

A Power of Attorney grants someone the right to make decisions on behalf of another. A guardianship takes the rights away. So if you’re at a point in the life of a loved one where they are unable to make decisions on their own behalf, then commencing guardianship proceedings may be the right decision. You may also need to initiate guardianship proceedings if the Power of Attorney is insufficient. It’s possible the Power of Attorney was only drafted to cover financial decisions but not healthcare decisions. As a result, guardianship proceedings would be necessary to ensure healthcare decisions are being made accordingly.

 

Another situation that might require guardianship proceedings is if you fear your loved one may be subject to being taken advantage of by another person. Your Power of Attorney allows you to make decisions jointly with the other person. A guardianship, however, allows you to make all of the decisions for the incapacitated person.

 

Complexities require lawyers

 

The decision to initiate guardianship proceedings is not an easy or light decision. You need to discuss this decision with an experienced estate or probate lawyer in Arlington, TX. At Brandy Austin Law Firm, we pride ourselves on being the compassionate advisor you are looking for. We help you determine what is the best course of action, taking into account any existing estate planning documents and what you genuinely feel is in the best interest of your loved one.

 

If your loved one is in danger, it will only hurt the situation to wait. This is not an easy or quick decision and we must act quickly to ensure your loved one is protected. By working alongside us, you ensure your loved one is protected and you have skilled and trusted advice coming to you to help you act as their guardian and their advocate.

 

We know this is a stressful but we also know we can help you. Contact us today to take the next steps.

Contact A Probate Lawyer Arlington, TX Trusts

We offer a free consultation to discuss your estate planning and probate options with you. We also serve Burleson and Arlington, Texas. Please call us at 800-958-4948 to arrange a consultation with one of our experienced attorneys.

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