Belton Estate and Probate Lawyer

Your estate planning will be unique to you, but there are some basic components that tend to play key roles, including:

• Last will and testament
• Durable power of attorney for financial matters
• Medical power of attorney and advance directives

There is also the probate process, as well as asset protection to consider.

Your Will

Your last will and testament is a legal document in which you define how you want your assets to be distributed among your loved ones after you’ve passed. If you are married, have minor children, or both, there are certain legalities that apply. Otherwise, you can divide your assets in whatever way you see fit. 

In your will, you’re advised to name an executor of your estate. This is someone whom you trust to attend to the matter of probate, which is of critical importance when it comes to the distribution of your assets.  

How a Lawyer Can Help During Probate

Your will must go through the probate process, and the executor you name will guide it. Probate involves validating your will and addressing matters like the following:

• Establishing the validity of your will  
• Assigning the role of executor to the named person or to someone the court appoints if your will doesn’t address the matter
• Notifying your creditors and discharging your debt
• Filing your final federal tax return
• Resolving any disputes regarding asset valuations, creditor claims, or any contest to the will itself 
• Distributing the assets according to your wishes, as established by your will

Facing probate without legal guidance can be overwhelming and costly. An experienced probate attorney helps executors fulfill their fiduciary duties by ensuring proper notice to beneficiaries, accurate asset valuation, and timely court filings. Your lawyer handles complex paperwork, meets strict deadlines, and communicates with the court on your behalf.

When disputes arise among heirs or creditors challenge the estate, an attorney protects your interests and works toward resolution. They also identify opportunities to minimize estate taxes and expedite the process. Whether you're serving as executor or are a beneficiary concerned about estate administration, legal representation provides clarity, prevents mistakes that could result in personal liability, and ensures the deceased's wishes are honored according to Texas law.

Durable Power of Attorneys

A durable power of attorney (POA) assigns the authority to someone you trust to make financial decisions for you in the event you cannot. This includes if you are incapacitated or if you are not physically present to make the financial decisions yourself. 

This form of POA is durable in the sense that it remains in force unless you modify or cancel it at some point at which you are mentally fit to do so. The person who serves as your financial POA has a clear responsibility to make decisions that align with your wishes and that uphold your financial best interests.  

Medical Power of Attorney

A medical power of attorney is someone you choose to make important medical decisions for you in the event you sustain an injury or illness that leaves you unable to make these decisions for yourself. Your medical POA should be someone who is capable of making difficult decisions about your medical care under pressure. While your spouse or someone very close to you may be an obvious choice, the assignment can be a burden under the emotional circumstances involved. 

An essential matter when it comes to your medical POA is choosing someone who will make decisions in accordance with your wishes – rather than their own. These are matters you should spend a considerable amount of time discussing with the person you have chosen for the role.