Estate planning involves the creation of many different documents for avoiding probate in The Woodlands , including living trusts, advanced directives, and powers of attorney. A living trust may be beneficial for managing your assets following death. However, a will may be preferable because it is both simple to create and works well with your power of attorney.

In this video, a will attorney outlines what documents you need for creating a trust and which documents you need for creating a will. As he explains, you need financial powers of attorney to allow someone to manage you assets if you become incapacitated. To obtain powers of attorney, you also need to provide your lawyer with medical directives and a HIPAA release. This allows you to list everyone you want to be able to talk to the doctors in the event you become incapacitated.

A number of people take a do-it-yourself approach to creating a will and assume they don’t need to consult with a will lawyer in The Woodlands . However, each state has very specific requirements for drafting a will, which must be followed in order for the will to be legally valid. If you do not know what these requirements are, how do you know that you’ve complied with them? Meeting with a will lawyer can help someone ensure transfer of assets, guardianship of children, and other estate decisions are handled properly.

Meet state requirements
Perhaps the biggest reason to hire a professional when drafting a will is to make sure that your will meets Texas’s unique will-drafting requirements. Some lawyers even offer free consultations for the purpose of discussing wills and trusts. If you don’t meet your state’s requirements in drafting a will, then you may lose the opportunity to make decisions regarding the division of your estate and guardianship of your children. Without a proper will upon death, state statutes will dictate the division of your assets between your spouse and children. On the other hand, a will attorney can help you ensure certain assets are given to specific loved ones. Additionally, consulting with an attorney allows you to make an educated choice in determining who will be responsible for your children after your death.

Lessen family disputes
Self-created wills can be easy to change and update. Unfortunately, this means that overzealous relatives can take advantage of an elderly family member and convince him or her to alter the will in a particular favor. A will lawyer makes sure that clients have the capacity to write and change their wills, which reduces the likelihood of bitter family disputes and lengthy court battles.

Reduce expensive court costs
Drafting a will on your own and failing to do so properly opens your family up to painful legal battles after your death. This means that while do-it-yourself will drafting may be cheaper initially, it also could end up costing your family thousands in subsequent court fees and legal battles. Ensuring your will is drafted properly can also help ensure your family won’t be fighting over property or guardianship issues after you die.

Even if you are in good health, from time to time it’s a good idea to consult with a will attorney in The Woodlands about updating your will. Creating a will is one of the most important decisions you can make for your family, as it reduces the likelihood of disputes after you pass, as well as smoothes the transition for your loved ones. Consequently, you should have a skilled will attorney draft this important document to ensure the terms of your will are properly carried out.

In addition to the need to choose a will attorney, the will itself also need to choose an executor who ensures that its provisions are properly carried out. The executor should be a responsible person whom you can trust. As circumstances often change, accept that you may need to alter the terms of your will down the road. An experienced will lawyer can make sure your present will still reflects your wishes upon passing. Your lawyer can also make sure you avoid any misunderstandings by using proper language in your will. You believe that your do-it-yourself will is clear and concise? Remember this: You will not be there to explain it to the judge. Leaving ambiguous terms in the document could lead to disputes among your heirs or even a failure for the will to be accepted into probate. Will lawyers draft using clear language to ensure life is easier for your beneficiaries.

If you’re like most people, the first step in filing for divorce is meeting with a family law attorney in The Woodlands . Though every law firm is different, you should always expect to feel comfortable working with your divorce attorney. To ensure your attorney will help you feel comfortable, there are certain factors to look for in your first meeting with a potential divorce lawyer.

Experience in divorce law
Before you actually hire a particular attorney, you need to make sure that person has handled cases like yours before. However, you shouldn’t wait until your initial consultation to gauge his or her experience. Before you schedule a meeting, look for reviews online and check to see if the attorney has been the subject of professional misconduct cases before. This information is usually available on your state bar association’s website. You can also gauge your attorney’s experience by finding out how many years he or she has practiced family law.

Informative in answering questions
The stage that your divorce case is in dictates what you and your attorney will discuss at that first meeting. For example, your discussions will be very different if your divorce papers have already been filed or you and your spouse have already pledged to use a collaborative divorce process instead of litigation. Either way, your divorce lawyer should be able to answer any general questions about an impending or recently filed divorce case. He or she should also be able to describe the next steps to take as your case progresses.

Maintains confidentiality
No matter what you discuss with your divorce attorney, he or she is bound by attorney-client privilege. As a result, with very few exceptions, the information you discuss at your initial meeting should stay confidential. This is true even if you aren’t sure whether you want a divorce and only scheduled the meeting to gather information about the process. Your right to privacy is critical when it comes to communications between you and your attorney. As a result, you don’t have to worry that your spouse is going to discover what you said to your lawyer.

Getting divorced can be painful, but it’s sometimes necessary for the emotional well-being of all involved. Child custody arrangements are a particularly difficult aspect of divorce that millions of couples struggle with. If you’re in the midst of a divorce involving children, then you should have a skilled family law attorney in The Woodlands represent you in your divorce case. It also helps to understand the basics of family law in Texas and the factors involved with child custody.

Relationships
The relationship that the child has with each parent is an important factor to consider when determining child custody. Mothers most often get primary custody in divorce cases, but not always. Courts look at which parent has historically been the child’s primary caregiver. The child’s personal friendships may also factor into a custody decision—especially if custody with one parent means taking a child away from those friendships.

Logistics
Many divorced parents share joint custody of their children. However, this may not be feasible if one parent lives in a different town or has a complicated work schedule. If it’s not possible for a divorced couple to share custody 50/50, then one parent may be given sole, or primary, custody.

Visitation
Texas courts want both parents to be involved in their children’s lives, if possible. If one parent has primary physical custody, the other parent should be granted reasonable visitation rights which fit within everyone’s schedule. Divorced parents may also negotiate independently for joint legal custody, wherein both parents are involved in making decisions regarding the child’s education, religion, healthcare, and other matters.

To ensure that your family is adequately protected after your passing, it’s important that you speak with a probate law attorney. As you and your lawyer discuss your will , you will need to decide who to name as your executor; that individual whom you trust to carry out the terms of your will. The Woodlands probate law attorney, Andrew J. Bolton, will gladly discuss the role of executors in further detail.

In short, after a person dies, an executor must organize and wrap up the deceased’s affairs. This involves settling debts, preserving property, distributing inheritance, and taking care of various legal matters. An executor need not necessarily have to be a financial or legal expert, but can be a trusted family member. If you have a will, the executor’s primary job will be to follow the directions laid out in your will. If an individual does not name an executor before passing away, the court will appoint one.

When a party is required to give testimony in divorce court it is usually because there’s an argument over one of two questions. The first is child custody, and the second concerns property division.

If you listen to your lawyer, you often will hear the same piece of advice given about any type of courtroom testimony. It usually goes as follows: “Answer the question given to you, and only the question, do not elaborate.” An analogy: Only a little water will clean you up nicely–too much of it and you are likely to drown. Lawyers do understand that there’s a huge temptation to give the full story in response to a single question, but the more you speak the more ammunition you may give your opponent. To summarize, why assist the opposing lawyer in looking good? Keep it short!

Second, if you have made a huge mistake in life, do not volunteer it, but simply fess-up when asked. Trust me, if you’ve screwed up royally, the opposing lawyer has a witness who will remind the Court, and everyone else, what you did. It is always easier if you are the one to do it first, not in a dramatic way, but merely as an acknowledgement of human frailty. In short, if you are seeking custody and have had a drug problem, it will hurt you, and perhaps it should. But lying about it only to have a cop get on the stand afterwards, and talk about your long rap sheet will do much worse for you than simply admitting the problem yourself.

Third, never ever say on the witness stand: “You can’t prove it!” Or perhaps, “It’s my word against his/her’s.” The translation of these words to the Judge is: “Heck yes I did it Judge! But I’m not going to tell you that here!” The result of such testimony is the same as an admission of guilt, only worse.

Finally, always adhere to this advice: If you don’t know the answer to a question, then say that you don’t know–don’t speculate or guess! This advice applies even to things that you should know! Speculation gives the opposing party a chance to show the Judge that your testimony is unreliable. For example, you are arguing over custody of your third grade daughter and the opposing lawyers asks, “who’s your child’s homeroom teacher?” If you don’t know then say it; don’t blurt out “Smith!” Yes, not knowing hurts but judges understand that lawyers’ cross-examination questions are intended to hurt. In this scenario, your own lawyer might well come back and say “Well he doesn’t know the homeroom teacher, but he knows the names of the gym teacher, principals, ARD advisors, and every physician she’s ever been to!” That’s an ideal recovery to a missed question. So the underlying lesson to be learned here is: be prepared! Proper Prior Preparation Permits Peak Performance!

Putting together a will is one of the most important things you can do for your family members. A clear will can make your wishes known–and enforceable–in the event of your death. This reduces the likelihood of a lengthy legal struggle among your heirs. Andrew J. Bolton, Esq. , a probate law attorney in The Woodlands, can help you organize your will and ensure that your loved ones are taken care of after you’re gone. Before you start work on your will, it’s important you understand the truth behind a few persistent myths.

Wills take years to get settled
You’ve likely seen stories in the news about long, costly legal battles over inheritances. Though some large and complex estates may take years before they’re fully settled, this is far from the norm. Most of the time, it only takes a few months for inheritances to be distributed. The clearer the will, the more quickly the probate process will go.

The probate process is costly
After a person dies, property in his or her name must go through the probate process before the property can be transferred to a beneficiary. Some individuals dread the probate process because they think court and legal fees will take up a large portion of the estate. However, court fees and lawyer’s fees often add up to less than a few thousand dollars.

The state gets the money if no will is in place
Perhaps the most common misconception is that the state automatically owns the property of a person if he or she dies with no valid will in effect. In fact, there are several legal contingencies that exist for just such an event. Depending on the family configuration, the money may go to the deceased’s spouse, children, or parents. That having been said, the deceased’s assets actually do go to the state where there are no family members to be found.

Welcome to Texas! Most newcomers find that, apart from our sometimes cranky weather, Texas is perhaps the best state in which to reside. Texas has low taxes, low regulation, low prices, and one of the country’s easiest probate systems! But to take advantage of our fast and easy probate process, it is often necessary to update your will to obtain the benefits of a Texas probate.

As with most things in the legal arena, there are often certain “magic words” which must be used in order to fast track and simplify the probate of your will. Whether you are young and just starting out, or whether you are closer to retirement than most, a redraft of your will can result in peace of mind–before and after you are gone.

It’s important if you are moving in from another state to seriously consider a will redraft. Although I’m not 100% certain, I hear that a will redraft is much harder after you are gone!

Contact us for an inexpensive review of your will. If one is not needed, we will tell you. If a redraft is in order, then it is the most cost-effective way of gaining peace of mind.

The probate process evaluates wills in order to determine their legal validity. This video explains why you may need a probate attorney near The Woodlands if you have a claim in a will.

A will attorney can advocate on your behalf if you are an intended beneficiary of a will. Especially when a person has diverse assets or multiple beneficiaries, claims in his will may lead to the contesting of it. Contesting a will may extend the probate process as well. When you consult a probate lawyer, you can rest assured that your interests are represented during probate so that you can receive any assets designated for you in a timely manner.