Whether you are preparing your loved ones for a future without you, experiencing a divorce, or going through will admission or trust litigation, professional estate planning and probate services are key parts of those processes, both of which are offered by Harold “Hap” May, P.C. Attorneys at Law.

Houston Estate Planning Services

Although estate planning is usually considered by most to deal primarily with wills, advanced directives, estates, and power of attorney, this umbrella can also cover areas such as prenups, partition agreements, postnups, designation of guardianship, family limited partnerships, and future interest.

Wills

The compilation of a will extends beyond deciding the distribution of assets. It can also include arrangements for minor children, the naming of beneficiaries, and the choosing of an executor.

Trusts

Individuals wanting to withhold assets to a third party or trustee until a certain time may want to establish a trust. While trusts can be similar to wills, they usually allow heirs to access assets faster and may be subject to less court fees and estate costs.

Power of Attorney

A power of attorney document allows an individual to choose someone to manage their medical, property, or financial affairs in the case that they are unable to do so. A durable power of attorney document contains a durability provision that keeps a current power of attorney in place. A medical power of attorney is a document that a person can utilize to identify an individual of their choosing to step in and make healthcare decisions if they are no longer able to.

Advanced Directives

Individuals with specific wishes about the type of medical treatments they desire in a medical emergency or in a situation in which they are unable to make decisions on their own behalf should consider putting an advance directive in place. This document allows individuals to choose a particular person to help make difficult decisions on their behalf.

Estate Roles

Individuals can work with an attorney to identify future beneficiaries of their estate and establish any related fiduciary roles such as executors, trustees, agents, officers, directors, and administrators.

Estate Tax Planning

To avoid an individual’s estate going largely to estate taxes, an attorney can assist with provisions for non-probate assets, estate valuation, and taxable estates.

Divorce Planning

Prenup services are available for those soon to be wed, and postnup services may be provided to those who need a prenuptial amended or those seeking a divorce. Those married individuals that require a division of community estate into two separate estates will likely need a partition agreement. Individuals who cohabitate may require a cohabitation agreement.

Designation of Guardianship

This service should be utilized if an individual wants to designate a guardian for their child or themselves should they become incapacitated.

Family Limited Partnerships

This limited arrangement is set up to be controlled by family members and is not taxable, which may save the family from paying expensive gift and estate taxes.

Future Interest

An individual with a future interest does not have any current rights or privileges to an asset but may have those rights and privileges in the future. An attorney can assist with future interest for fee simple estates, life estates, and remainder interest.

Houston Probate Services

It is natural for many of the probate services we offer to flow out of some of the estate planning services, such as wills. Probate services that we offer include will admission, contested wills, intestate, muniment of title, trust litigation, and receivership.

Will Admission

For a will to be considered valid it must be proven in court and have received a judge’s confirmation. Will admission is a fairly standard part of the probate process.

Contested Wills

Contesting a will can be a complicated process that benefits from the assistance of an experienced Houston probate attorney. We may be able to help you with establishing satisfactory grounds to contest a will as well as file your objection within the deadline set by Texas law.

Intestate

For the loved ones of those who pass without a legal will in place, one of our attorneys familiar with Texas intestacy laws may be able to assist with heir determination and dependent administration in the probate process.

Muniment of Title

This legal document may establish a will as valid in a probate court and addresses issues such as title transfers and deed transfers.

Trust Litigation

In cases where there is concern about the validity of a trust, one of our Houston attorneys may be able to assist with trust litigation.

Receivership

If there is a question about property, the court can take control and appoint a receiver to preserve it. Establishing a receivership may stop actions from being taken regarding a property without a court’s permission.

If you have questions about estate planning and probate services, please reach out to Harold “Hap” May, P.C. Attorneys at Law today for more information.