Houston Estate Planning Lawyers

Every person in Texas has an estate plan – even if they have never set foot in a lawyer’s office. That is because the State of Texas has written a default set of rules that govern what happens to your property, your finances, and your medical decisions if you become incapacitated or pass away. The problem is that the state’s plan almost never matches what you would actually want. A properly drafted estate plan replaces the state’s default rules with your own instructions. At The Stegall Law Firm, our Houston estate planning lawyers work alongside you to craft a comprehensive strategy that protects you, your family, and your assets using a combination of wills, trusts, powers of attorney, and health care documents.

Estate planning is not just for the wealthy. It is for anyone who wants a say in what happens to their property and who makes decisions on their behalf. Whether you are a young professional just starting out, a parent with minor children, or a retiree looking to protect hard-earned savings, a thoughtful estate plan gives you control and peace of mind.

Your Last Will and Testament

A will is the foundation of most estate plans. It is a legal document that tells the world what you want to happen after you pass away. Without one, the state decides for you – and it does so without any knowledge of your relationships, your values, or your wishes. A properly drafted will allows you to:

• Name a guardian for your minor children. If both parents pass away, a will is the only document that allows you to designate who will raise your children. Without one, a court makes that decision.
• Direct who receives your property. You decide which assets go to which people, charities, or organizations. You can make specific gifts, divide property among beneficiaries, or leave everything to a single person.
• Appoint an executor to manage your estate. Your executor is the person responsible for gathering your assets, paying your debts, and distributing your property according to your instructions. Choosing someone you trust for this role is critical.

Trusts

A trust is a legal arrangement in which one person (the trustee) holds and manages property for the benefit of another person (the beneficiary). Trusts come in many forms and serve a wide range of purposes. Revocable living trusts allow you to maintain control over your assets during your lifetime while providing for a seamless transfer of those assets after your death – without the need for probate. Irrevocable trusts, on the other hand, remove assets from your estate entirely, which can provide significant tax benefits and asset protection.

Trusts are particularly useful for families with minor children, individuals with significant assets, business owners looking to plan for succession, and anyone who values privacy. Unlike a will, which becomes a public document when it is filed with the probate court, a trust remains private. Trusts also allow you to place conditions on how and when your beneficiaries receive their inheritance, which can be especially important if you have concerns about a beneficiary’s age, maturity, or financial habits.

Powers of Attorney

A power of attorney is a legal document that grants another person the authority to act on your behalf. In Texas, there are several types of powers of attorney, including a statutory durable power of attorney for financial matters and a medical power of attorney for health care decisions. These documents are essential because they allow someone you trust to step in and manage your affairs if you become unable to do so yourself. Without a power of attorney, your family may be forced to go to court to obtain a guardianship – a process that is time-consuming, expensive, and public.

Health Care Documents (Advance Directives)

Advance directives are legal documents that communicate your wishes about medical treatment in the event you are unable to speak for yourself. In Texas, the two primary advance directives are the Directive to Physicians and Family or Surrogates (commonly known as a living will) and the Out-of-Hospital Do-Not-Resuscitate Order. A living will tells your doctors and your family whether you want life-sustaining treatment continued or withdrawn if you are diagnosed with a terminal or irreversible condition.

In addition to advance directives, Texas law allows you to sign a HIPAA authorization, which gives designated individuals access to your medical records and the ability to communicate with your health care providers. Without a HIPAA authorization, federal privacy laws may prevent your loved ones from obtaining information about your condition – even in an emergency. Together, these health care documents ensure that your medical wishes are known and that the people you trust have the authority to carry them out.