Probate Law
Wills & Trust
Why do you need a Will?
- Saves your family time, money and frustration
- Create a plan to take care of your minor children
- Your property is given to those you choose to have it
It is important to have the ability to have a voice in who will get your property after you die instead of allowing Texas law to dictate the division of your property. Further, if you have children, estate planning will provide you comfort in knowing your children will be taken care of by the best person you feel can love and care for them.
You may also choose to incorporate a Trust into your estate plan. Our office assists individuals who are interested in a Revocable Living Trust. If you are looking to try to avoid the probate process, a trust may be a good option for you. However, a comprehensive estate plan would be needed so that settling your estate will be an easier process.
Why do you need a Power of Attorney?
- Formulate a financial plan and leave your personal business in the hands of someone you trust
- Leave your medical care and health care decisions in the hands of the person you trust the most
- Avoid the need for costly litigation and a formal guardianship case
It is important to plan ahead for life’s unexpected events that may cause you to be unable to make your own health care decisions or to manage your property. If these events occur, you want to be able to control who you trust to make decisions on your behalf.
Not planning ahead can leave you and your family left emotionally and financially devastated. Let us help you plan for the realities of life by executing your custom will’s package which includes your will, physician’s directive, HIPAA authorization, declaration of guardianship, appointment of disposition of remains, medical and durable power of attorney.
Guardianship
A guardianship may be needed if someone is disabled and unable to care for him or herself. You may need to apply for guardianship of someone you love if no other alternatives are feasible. An application for guardianship can be filed with the court requesting the ability to legally handle someone’s personal business and financial business as well as the ability to legally manage someone’s property.
Should you need to go through the guardianship process, you must have an attorney that is certified to represent you. Attorney Dixon is certified to represent individuals in probate court in an application for guardianship.
Probate Administration
Probate is the process of settling an estate by a personal representative through the court system. Estate administration is necessary if a person dies with or without a will. An exception may occur if a person dies with little to no property and no action is necessary to distribute property to beneficiaries or heirs. Administration involves collecting assets, payment of debts and claims, payment of individual or estate taxes, determination of heirs if a person died without a will and distribution of the remainder of the estate to those entitled.
You may need to probate your love one’s estate if you have the following situations:
- Sell the property of your loved one to give to the heirs/beneficiaries
- Transfer title to property of your loved one to the heirs/beneficiaries
- Settle your loved one’s debts