Archive: May 2022

An estate plan is more than an outline of how you want your assets divided after death. A complete estate plan should include provisions specific to your wishes after death, what medical treatments you want if you fall permanently ill, and who you want to be in charge of making critical medical decisions for you if you are unable to decide for yourself.

One piece of an estate plan that may individuals overlook is a do-not-resuscitate order or DNR. Should you consider adding a DNR to your estate plan or advance directive? At Staubus, Blankenship, Legere and Walker PLLC, we want you to be well informed about all your options. Here’s what you should know about a DNR. If you have pressing questions about your case, don’t hesitate to contact our legal team today.

What Is a DNR?

A do-not-resuscitate order is a legally binding document signed by a physician that alerts other health care providers they are not to perform resuscitative measures. An active DNR will generally prevent lifesaving measures when a person stops breathing, their heart stops beating, or they suffer a medical emergency.

In Texas, a DNR order prohibits medical personnel from performing CPR, advanced airway management, and artificial ventilation. For a DNR order to be valid, the form must be written and dated by a patient declared competent. Contact us today.

Should You Consider a DNR?

Everyone has the right to make their own decisions related to medical care. In that sense, anyone can decide to obtain a DNR, even healthy individuals. Most healthy individuals don’t contemplate their own mortality often. Therefore, most healthy individuals do not take the time to consider what lifesaving measures they are comfortable with medical professionals taking. However, accidents can happen. If you are in the process of creating an estate plan, you should also consider whether a DNR order may be appropriate for you.

Often, those living with a terminal condition, health care concerns, and those who are elderly are the people who will generally pursue obtaining a DNR. These individuals may have faced challenging medical decisions in the past and want to be fully in control of the outcome of their situation. Additionally, they may not wish to prolong or extend their life through CPR or resuscitative measures when they are already in such fragile conditions.

While CPR can be a lifesaving technique, there are misconceptions about its effectiveness in the elderly and those who are medically vulnerable. One study indicates that among the elderly, only three to five percent of patients survive CPR and are discharged from the hospital. CPR can cause broken bones and other medical complications and may not even be appropriate for some patients, meaning there is no medical benefit for certain people. When a person has gone too long without oxygenated blood, CPR may be effective in resuscitating them. However, the person could be left with brain damage and damage to vital organs, negatively impacting their quality of life.

Obtaining a DNR

If you are interested in obtaining a DNR, schedule a time to talk to your physician. You will want to bring up your concerns and discuss the potential benefits and risks involved in resuscitative efforts. Once you have more information and feel comfortable with your decision, ask your doctor to fill out a DNR form. Your doctor can fill out the DNR order, but standard DNR forms are also available through the Texas Department of Health and Human Services website. Once the forms are completed, your physician will place the DNR in your medical record.

It is also crucial to talk to your family about your wishes. Let them know you have filed a DNR and do not want resuscitative measures taken. Contact us today.

Keep These DNR Facts in Mind

If you have a DNR on file or are thinking about filing one in the future, keep these things in mind:

• If you have a DNR on file, family members cannot override the document
• If you are incapacitated, a health care agent or legal guardian can agree to file a DNR order on your behalf
• If you change your mind, talk to your physician immediately. Your physician must be involved in rescinding a standing DNR order
• A DNR does not change other aspects of medical care

 Contact a Dallas Estate Planning Attorney Today

Looking for more information about DNRs, advance directives, or living wills? Call the Dallas estate and probate litigation lawyers of Staubus, Blankenship, Legere and Walker PLLC today at (214) 833-0100, or contact us online. We can help you manage all aspects of your estate plan and protect the things that are important to you.

Losing a loved one is one of the hardest experiences for a family. In addition to grieving their loss, family members and heirs often find that dealing with the business affairs of the deceased person is more complicated than they expected. One concern that comes up frequently is the length of time it will take to go through the process of probating the will. An effective probate process requires a specific series of events to take place. The timeframe also depends on how efficiently each of these steps happens.

Having clarity about the process can help you understand everything that needs to happen so that things can go as smoothly as possible. Contact us with questions about your specific case.

The Probate Process

The probate process for wills is handled in a court of law. In Dallas County, the Dallas County Probate Court has the jurisdiction to probate the wills of those who have passed away. This court also has the power to declare the heirs if the deceased did not have a will.

The probate process officially begins when someone files an Application for Probate of Will and for Issuance of Letters Testamentary with the probate court clerk. The person who files these papers is often the person who is named as Executor or Executrix of the will. An attorney can also file on their behalf. The application should include the original will.

After the application has been filed, the court clerk will then notify the relevant parties of the probate of the will’s estate. There is a requisite time of 10 days so that the court has enough time to notify the public that the will was filed to probate. After, the court will schedule a hearing to admit the will to probate and to issue Letters Testamentary. Once the hearing has occurred, the judge signs an order, and the Executrix or Executor swears an oath that they will lawfully administer their duties. Following the oath, the Executor or Executrix will then receive the Letters Testamentary, which will give them the authority to administer the estate.

Contact us today if you have pressing questions.

Executor or Executrix’s Duties During Probate

With the assistance of a probate attorney, the Executor or Executrix must notify creditors in the newspaper within a month of receiving the Letters Testamentary. They also need to notify known creditors of the issuance of the Letters Testamentary.

Within 60 days of the court order, the Executor or Executrix is also required to send letters to each of the beneficiaries along with a copy of the will.

Within 90 days of the order, the Executor or Executrix must also file a sworn affidavit notifying the court that they have completed the notice to the beneficiaries. Also, within 90 days of the court order, the Executor or Executrix must file an Inventory, Appraisement, and List of Claims with the court.

If an independent administrator is appointed as Executor or Executrix of the will, they will be able to complete all the other associated duties without the supervision of the court. They must pay due claims and taxes and disburse the deceased assets to beneficiaries according to the terms outlined in the will.

Probate Process Timeframe

If the probate is an independent administration and the estate is simple, the whole probate process can potentially reach completion in six months or less. However, several complicating factors can lengthen the timeframe considerably. If the probate is a dependent administration, the increased supervision and involvement of the court can mean that the process may take up to a year or even longer.

Other situations can also lengthen the timeframe, such as if the original will cannot be located or if beneficiaries or creditors file claims against the estate. Such circumstances will require additional time to resolve.

How a Dallas Probate Attorney Can Help

Hiring an experienced probate attorney can help you ensure that the probate process goes as smoothly as possible if you are the Executor or Executrix of a will. They can assist and advise you in properly discharging your fiduciary duties and drafting the necessary legal filings and pleadings quickly.

The Dallas probate lawyers at Staubus, Blankenship, Legere and Walker PLLC have the knowledge and experience to help you with the various procedures of the Dallas County Probate Court. Our seasoned probate legal team will be there with you at every step to streamline the process and help you see to it that your loved one’s estate is distributed efficiently and correctly.

Contact us online, or call us for a consultation today at (214) 833-0100.

There are many practical, financial, or sentimental reasons people want to leave their homes to their children. No matter your motive for wanting to do so, it is important to have an estate plan that is clear regarding property distribution. A clear estate plan help protect the best interests of both you and your family.

There are different ways of passing your home on to your children, including:

• Selling or gifting it to them while you are still living
• Bequeathing it to them when you die
• Signing a “Transfer-on-Death” deed

There are legal and tax implications for all these options. It’s important to carefully consider the various pros and cons to make sure that your property does not end up becoming a burden for your children.

Below is a breakdown of each of the various options. Feel free to contact us if you have further questions.

Selling Your Home to Your Children

As a parent, you have the right to sell your home to your children. However, it is important that you sell at a fair market value. This means that you should sell the house at a comparable value to what similar properties are selling for in the current market. Selling the home below market value will make the exchange partially a gift, which will have its own tax implications.

You have the option to loan money to your children so that they can purchase the home, but the law will require you to charge your kids interest. Furthermore, you’ll have to declare the interest you earn as income. However, one benefit of doing this is that you can structure the loan to provide a minimum interest rate. This is calculated by the IRS, which publishes its rates for loans between relatives on a monthly basis. These rates tend to be considerably lower than commercial mortgage rates, so their monthly payments will be significantly lower as well. If you have pressing questions about your case, reach out to the estate planning professionals at Staubus, Blankenship, Legere and Walker PLLC.

Gifting the Property to Your Children

If you would like to give the property to your children while you are still living, one option is to use an irrevocable trust. This can help in protecting against your kids’ potential creditors. Gifting a property outright can be problematic if the recipient gets into financial trouble at some point down the line. For example, if the child has to file for bankruptcy, the property could be foreclosed and removed from the family’s ownership.

For this reason, many people consider it a better option to transfer the home after they pass away.

Bequeathing Your Property When You Pass Away

An effective means of passing your property to your children at the time of your death is to do so through a revocable living trust. This will permit you to name your kids as successor trustees, which allows for a continuity of property management. You can change revocable living trusts during your lifetime, which gives you the option of changing your mind. It also allows you to be specific about how the property should be handled after you pass.

In the event that your children do not want to live in and manage the home, the trust can sell it after you pass. If one of your children wants to keep the house, but the others don’t, you can make a compensatory equitable financial arrangement, such as leaving extra money to the child who won’t inherit the property.

Deed Transfer

The state of Texas allows homeowners to sign a Transfer-on-Death deed. This works similarly to “payable-on-death” designations for transferring assets from your bank accounts to your heirs. Transfer-on-Death deeds can be helpful in that they can avoid probate on the home. You can change the designation at any point before you pass away.

You are permitted to sign a Transfer-on-Death deed for any property you own in Texas, even if it is not your permanent residence.

Call an Experienced Dallas Estate Planning Attorney Today

Whichever option you choose for passing on your home, the process can be very complicated. The Dallas estate planning lawyers at Staubus, Blankenship, Legere and Walker PLLC have the knowledge and experience necessary to help guide you through these complexities. Whether you are having trouble deciding which path is best for you and your family, or if you are feeling confused about the required paperwork, we are here to help you at every step of the way in this important decision. Contact a member of our legal team today at (214) 833-0100, and we will discuss all of your options. Let us put our experience to work for you.

One of the most common myths about estate planning is it’s only for the terminally ill or wealthy. However, anyone of any age could benefit from creating an estate plan. Even if you don’t have high-value assets or children, executing a will, trust, and other legal documents can protect your interests and your family’s future.

There isn’t a magic age when making an estate plan is necessary. You can begin right now. Execute your estate plan to protect your loved ones and take care of them even when you’re gone. To discuss your estate planning options, contact us today.

Documents Included in an Estate Plan

Many people picture millionaires with sprawling property, expensive jewelry, and fancy cars when they think of estate planning. However, an estate plan isn’t as extravagant as it sounds. It can provide security during a person’s life and after their death.

You can execute various documents while planning your estate. If you have questions regarding your estate planning, don’t hesitate to contact us.

Last Will and Testament

A will outlines a person’s final wishes and instructs an executor or administrator on how to administer the estate. A will can also determine which people should take on specific responsibilities, such as:

• Managing your estate plan
• Caring for minor children
• Selling or taking ownership of property
• Receiving assets

It’s critical to designate your beneficiaries and update the beneficiary designations in your will regularly. If there’s a death or birth in the family, you might want to change who you leave your assets to upon your death.

Your dependents should be named beneficiaries on bank accounts, so the funds transfer automatically when you die. You can also choose who you want to receive your retirement plan, real estate, personal belongings, and other property.

A living will might also be a good option if you want to instruct your loved ones on medical care should you become incapacitated. For example, if you suffer a coma from a car accident, your living will can outline your decisions regarding extraordinary life-saving measures and medical care. If you have a living will, your family can direct your medical team on what you want and don’t want when you can’t speak for yourself.

Power of Attorney

A power of attorney (POA) can serve multiple functions, including:

• Making medical decisions upon your incapacitation
• Handling your legal matters
• Managing your finances

When you create a POA, it’s vital to grant someone the authority to handle your affairs. You can execute a general power of attorney, allowing the chosen agent to manage various matters or create separate POAs to protect your medical, financial, and legal interests.

The three main types of POAs include:

• Medical POA – A medical POA gives the agent authority over crucial medical decisions if you’re unconscious, incompetent, or otherwise unable to speak for yourself. They can talk to your doctors about medications you avoid, surgical procedures you want, and have input on other medical services.
• Financial POA – With a financial POA, your agent can make decisions regarding your finances if the circumstances prevent you from doing it yourself. For example, if you’re in a different country for a significant period, you can give your agent authority over necessary decisions in your absence.
• General POA – A general POA is a broad document allowing the agent to manage a range of decisions, including those involving business operations, financial transactions, life insurance purchases, and gift contributions.

Trust

A grantor can set up a trust and transfer assets to be held in the trust until their death. Upon their death, the assets can be distributed to the named beneficiary without probate. Trusts are beneficial in estate planning because beneficiaries can receive the assets left to them without going through a time-consuming court process.

The appointed trustee is responsible for managing the account and transferring property when the grantor dies. If you set up a trust, you should choose a trustee you know will follow your instructions. It should be someone who will ensure that your beneficiaries receive your assets instead of transferring them to themselves for personal gain.

Common Life Events for Estate Planning

Significant events in life often spark a person’s interest in creating an estate plan. The most common include:

• Marriage or divorce
• Buying a home
• Birth of a baby
• Acquiring new or high-value assets
• Starting a new career
• Opening a business
• Death of a family member
• Receiving an inheritance

Maybe something in your life happened to make you think about estate planning. If you already have a plan in place, you might have to make changes depending on the new circumstances. For example, if your named beneficiary dies, you need to amend the document and pick a new beneficiary.

Contact Us

Staubus, Blankenship, Legere and Walker PLLC believes in helping our clients secure their futures and protect their interests. When you’re creating an estate plan, you want to ensure that your loved ones receive specific assets and won’t face the burden of making important decisions on your behalf when you die.

Call Staubus, Blankenship, Legere and Walker PLLC at (214) 833-0100 right now, or reach out online to schedule a consultation with one of our Dallas estate planning attorneys. You can discuss your needs with us, and our legal team will help you execute an estate plan that benefits you and your family.

Estate planning is necessary for anyone regardless of age, health status, and economic standing. It’s especially crucial to create a valid estate plan if any of your beneficiaries have special needs. Without a carefully drafted will, trust, or other legal documents, your dependent family member’s future isn’t secure.

If you die without a valid estate plan, you leave your dependent special needs adults without the financial means to afford their care. They might not be able to pay for medical treatment, household assistance, and other necessary expenses. If they depended on someone their whole life and that person dies, they’re left alone to fend for themselves.

You should create an estate plan specifically for the dependent adults in your life. If you’re their primary caretaker or pay for their nursing home bills, you should set aside funds and execute a will, so they continue receiving the care they need when you’re gone.

Below are tips you should follow for creating an estate plan for special needs adults. Contact us immediately if you have pressing questions. We have the experience you need.

Write a Letter of Intent

A letter of intent notifies your guardians, trustees, and other people involved in the estate about the care of your disabled or incompetent family member. You can outline this person’s routine, physical or mental impairments, interests, hobbies, medical needs, and other crucial details in this letter.

This isn’t a legal document. However, it’s valuable to any estate plan involving a special needs adult beneficiary. You should draft the letter immediately and regularly update it as your loved one’s needs change. It’s also important to have a conversation with anyone you address in the letter to discuss how they should handle these circumstances when you die.

Create a Trust

Dependent adults typically don’t have the ability to maintain employment. They need someone else to pay for their household assistance, prescriptions, medical treatment, and other costs. You could set up a Supplemental Needs Trust (SNT) for the special needs adult in your life.

An SNT is a special trust you can use to transfer and hold assets for the benefit of your loved one and to cover their needs. Like a trust for a minor child, funds can go toward the adult’s care. Additionally, an SNT doesn’t prevent a special needs adult from qualifying for government assistance programs, such as Medicaid. If you have particular questions regarding your situation, don’t hesitate to contact us today.

Appoint an Executor of the Estate

If you don’t choose someone to manage your estate when you pass away, the court could appoint an executor for you. That means someone in your family you wouldn’t want to have control of your assets could become your executor. It’s vital to choose an executor while creating your estate plan and mention them by name in the legal document. Specifically indicate that they should be in charge of administering your estate upon your death.

Your family member in need of care should receive the assets, assistance, funds, and anything else you leave for them. Discuss your decision with the executor ahead of time, so they understand the situation. You should pick someone you trust to carry out your wishes and keep the dependent adult’s interests in mind.

Choose a Power of Attorney

You might not realize the benefits of choosing a power of attorney (POA) during estate planning. An estate plan isn’t only necessary while planning for death. It should also include instructions on how to handle your incapacitation.

Let’s say you sustain a traumatic brain injury in a car accident and can’t speak for yourself. Your POA can step in and direct your healthcare team. Depending on your estate plan, they might also have access to certain assets while you’re incapacitated.

Your special needs adult child, parent, or family member won’t have someone to take care of them while you’re lying in a hospital bed. Your POA could take over temporarily by directing funds from your bank account to your loved one’s assisted living facility, medical providers, and other parties. They can become the caretaker while you recover.

Schedule a Family Meeting

Although you can leave instructions or letters in your estate plan for your surviving family, it’s best to also have open and honest communication in advance. Inform your family of your decisions regarding the dependent adult’s future.

You should discuss your plans for future care, financial support, and other important matters. If you choose an executor, talk to them about how you want them to manage your estate when you die and if you should become incapacitated. Proper planning ensures that everyone is on the same page and might prevent disputes down the road.

Contact Us

The Dallas estate planning attorneys of Staubus, Blankenship, Legere and Walker PLLC have over 100 years of combined legal experience. We bring extensive knowledge and skill to every case we take. When we represent you during your legal matter, you can rest assured that you’re in qualified and capable hands.

If you want to draft an estate plan to make provisions for the special needs adult you care for, do not hesitate to contact us at (214) 833-0100. We have the experience you need and will be happy to meet with you for a consultation to discuss your needs.

You may not have thought about placing your assets in a trust. It might seem too complicated, or you may think it’s just not necessary at this time. And thinking about a trust also means thinking about not being around anymore, and that’s never pleasant. But there are some good reasons to consider seeing an estate planner and discussing the pros and cons of putting your assets in a trust.

If you have pressing questions for our attorneys, don’t hesitate to reach out to us today.

What Is a Trust?

Very simply, a trust is a big box where you can store your assets until you’re ready to give them to someone else. Unlike a will, which is a list of directions for giving away your things, a trust is more like a gift you give to others when you’re gone.

Once you place items in the trust, your assets will stay there until you take them back out again. In an irrevocable or unbreakable trust, nobody can take them out. They are there until you die, and they are given to the beneficiary. In a revocable trust, you can take things out, but the beneficiary cannot. In some cases, you or the beneficiary may receive payments from the trust, like stock dividend payments.

A trust lets you control who has access to your property, and when. Trusts also allow you to disburse some of your assets before you die and to provide for minor children or for disabled or special needs family members who may not be able to manage their own funds. Your estate planner will discuss the benefits of a trust with you. Contact us today.

Four Reasons To Establish Your Trust

You may think you don’t need a trust, but consider these benefits:

• Control of your assets. The trust does not exist until it is made, but after that, the trustee has total control over the trust. You will be able to manage where your assets go, who has control of them, and when they are dispersed. For instance, if you want a trustee to handle your children’s finances until they are out of college, the trust structure provides the way for them to do that. Your children remain the beneficiaries and can receive payments from the trust.
• Avoids probate. A trust goes into effect immediately upon the death of the grantor (you). At this point, the trust becomes irrevocable, and nothing can be changed, so there is no need for a judge to make any decisions about interpretation. The trustee can make any distributions needed and manage the other trust property as before.
• Provide for minor, disabled, or spendthrift beneficiaries. By designating certain assets ahead of time for beneficiaries who will need a designated trustee, you can ensure these individuals are properly cared for. If you have beneficiaries whose access you want to restrict, there are ways to prevent them from receiving too much money at once.
• Protection in case of disability. Living to extreme old age in good condition is no longer an impossibility, but assisted living facilities are not cheap. Placing your assets in a trust today can be a way to ensure you have the funds you need to live your twilight years in comfort rather than squalor.

Special Considerations

In some situations, you should always have trust arrangements in place. If you have a special needs child who is unable to live outside the home, long-term financial planning is a must. Someday you will not be there for your child, and you do not want to leave them to the kindness of strangers.

This is also true if you have a family history of any mental or physical degenerative diseases, such as Alzheimer’s or Parkinson’s disease. The worst that could happen is that you reach healthy old age with extra money in your trust.

How We Can Help

There is no wrong time to make your estate plan. If you have concerns about your future, you should start thinking about how you want to have your property managed when you are not here to do it. Financial planning is the best way to be sure your loved ones are cared for if you are not here to look after them.

Anyone can establish a trust, provided they have something to put into it. You don’t need to be wealthy or have lots of property to have a trust. If you want to discuss your estate plan, contact the Dallas estate planning lawyers of Staubus, Blankenship, Legere and Walker PLLC at (214) 833-0100 to schedule a consultation to talk about your assets and the right kind of trust for you and your family. We have the experience you need.

Estate planning can be uncomfortable. Nobody wants to contemplate their own demise. At the same time, you want your loved ones to be provided for after you die and for your estate to be properly distributed when you’re not there to oversee the distribution. And, having worked very hard to reach this point, you don’t want your estate to be frittered away by taxes and fees.

The solution may be a trust. Contact the estate planning lawyers at Staubus, Blankenship, Legere and Walker PLLC to learn how.

Irrevocable Trusts and Inheritance Tax

Of course, you will not be paying any inheritance or estate taxes. That duty will fall to your heirs and beneficiaries. The purpose of estate planning is to minimize the amount of taxes that need to be paid out from your estate. Your estate planner will explain how your estate is valued in more detail, but there are some things you need to know going into a planning session.

• Inheritance tax. This is a tax heirs must pay for the income they receive from the deceased. The state of Texas abolished inheritance tax in 2015. The inheritance tax is levied against the beneficiaries on the value of the portion of the estate they receive once they inherit.
• Estate tax. Texas has no estate tax. The federal government taxes large estates valued at $11.7 million or higher. The value of the estate is determined prior to the beneficiaries taking their share; in other words, before it has been divided.
• Revocable trust. These trusts allow you, the grantor, to move property in and out of the trust at will during your lifetime. Property in a revocable trust will be valued as part of the estate when it is reassessed following your death.
• Irrevocable trust. When property is placed in an irrevocable trust, it cannot be removed until after you die. This means that when your estate is valued, anything in an irrevocable trust will not be included by the IRS.
• Pour-over will. This type of will automatically transfers all of your current assets into your trust when you die, without the need for further action by your executor.

Estate planning to ensure that your heirs and beneficiaries can keep the largest portion of their inheritance can be a complex affair. Making things more complicated is the changing estate tax exemption. To keep pace with inflation and cost of living, the IRS adjusts the estate tax exemption annually according to a preset cap. This will change again in 2025.

If this sounds complicated, it is. Get in touch with us today and let us help you simplify the process.

Out of State Considerations

In our global community, it is not uncommon for people to have property, both tangible and intangible, in other states, possibly even other countries. Even with a properly managed trust, this other property may be subject to the estate and inheritance tax laws of that state. For instance, although Texas does not have an inheritance tax, Maryland does. Any property owned and transferred in Maryland will be governed by Maryland’s tax laws.

Your Dallas estate planning attorney can guide you through these complex regulations and make sure your wishes are properly stated in your trust. If there are conflicting laws in other states, it is better to discover them ahead of time than to have your heirs find out about them later.

How We Can Help

Anyone with an estate below $75,000 in Texas does not even need to leave a will. Their estate can be managed by the heirs with a simple acknowledgment to the court. If you have real property and large amounts of money and personal property that you want your loved ones to be able to keep after you are gone, you should have solid legal advice and estate planning, rather than trusting to the whims of fate.

The expert legal team at Staubus, Blankenship, Legere and Walker PLLC focuses exclusively on the details of estate planning and litigation. We want to be sure that people with even modest estates avoid costly legal battles and endless probate, and hand their property over to their heirs with a minimum of effort.

Our Dallas estate planning lawyers will review your assets and advise you about the best ways to protect them and your heirs and beneficiaries, including revocable and irrevocable trusts, living trusts, and pour-over wills. We will make certain that your final documents accurately reflect your wishes and desires in clear and concise terms.

We have been practicing estate and probate law in the Dallas area for many years. Contact the of Staubus, Blankenship, Legere and Walker PLLC at (214) 833-0100 if you want to draft your will, need help with your estate planning, or have any other questions about property disposition. If you already have these documents and want help with amendments or codicils, we can work with you on those too.

Call us for a confidential consultation today.

Common misconceptions regarding estate plans might prevent someone from planning for the unexpected. Drafting a will is vital to protect your assets and loved ones, even if you’re young and in good health. You might not think estate planning is necessary. However, it could give you peace of mind if a significant event disrupts your life or cuts it short. 

Most people believe they don’t have to create an estate plan until they’re old or develop a terminal disease. Some people don’t realize the benefits until an accident or near-death experience happens in their lives. Others never create a will and pass away unexpectedly, leaving their family struggling to recover their assets. 

If you don’t have an estate plan or haven’t updated yours in a while, you should consider contacting Staubus, Blankenship, Legere and Walker PLLC to take immediate action. Planning for death may seem like a morbid experience but it can help you secure your family’s future. Creating a valid estate plan is particularly crucial if you have kids and want them cared for when you’re gone. 

Additionally, estate planning isn’t only about what should happen when you die. You can also outline instructions regarding your healthcare if you become incapacitated and can’t make decisions. With the proper legal documents in place, a trusted family member could step in and speak on your behalf.

Below are some common myths about estate planning you should ignore.

MYTH: An Estate Plan Is Only Necessary for Sick and Old People

A common misconception about estate planning is it doesn’t need to happen unless you’re elderly or have received the diagnosis of a life-threatening illness.

However, anyone could lose their life or suffer a debilitating condition, leaving them without the ability to communicate. If you don’t have legal documents in place to instruct others about your wishes, the people you love could face financial hardships and struggle to make the decisions you want.

The truth is that you’re never too young to create an estate plan. Even if you don’t have assets, you might have a pet or kids. It is essential to leave instructions about who should take care of them if you can’t. Otherwise, your children could end up in foster care, and your pets could get dropped off at a shelter.

Whether you have many or only a few assets, your estate plan can direct how they should be distributed. You can include beneficiaries in your will, so they receive things like your bank account, house, or car when you pass away.

If you have pressing questions, don’t hesitate to reach out to us today.

MYTH: Wealthy Individuals Benefit More from Estate Planning

While wealthy people require estate plans to ensure that their high-value assets stay protected, others need one too. It doesn’t matter if you’re not rich or only have one or two assets in your name. You can’t control who receives the funds in your savings account or personal property if you don’t include it in a will or a trust.

Estate plans can involve more than just money and significant assets. You might have family heirlooms you want to pass down when you’re gone. Creating documentation that specifies who should receive certain items could prevent family disputes. If you don’t inform others of what you want, property can go missing, and family members can take each other to court for possession of what they believe they deserve.

MYTH: Estate Planning Is for Death

An estate plan doesn’t only address matters involving a person’s death. It can also be helpful in situations that occur while someone is still alive. Although you might not worry about the possibility of a traumatic life event, anything can happen.

When you create a will, you can designate an executor or administrator to manage your estate and distribute property according to your wishes upon your death. However, a range of other legal documents can protect your interests if you’re no longer competent.

For example, a medical power of attorney gives someone you appoint the authority to make your healthcare decisions when you’re incapacitated. If you create a financial power of attorney, your designated agent can handle your finances if you’re forced to leave the country for an extended period or end up in the hospital.

You can take additional measures to ensure someone is responsible for managing your children’s needs while you’re incapacitated. You can choose a guardian to assume the role of caregiver and set aside funds they can use for your child’s medical care, education, and basic needs.

Contact Staubus, Blankenship, Legere and Walker PLLC

Since 1992, the Dallas estate planning lawyers of Staubus, Blankenship, Legere and Walker PLLC have provided clients with dependable legal services. We know how to create comprehensive estate plans to protect your rights and your family’s future. You can count on our legal team to dedicate the necessary time and resources to plan and execute a valid will and other valuable documents for you.

If you’re considering creating an estate plan, call Staubus, Blankenship, Legere and Walker PLLC right now at (214) 833-0100. You can discuss your needs with us during a consultation and learn about the available options.

A medical power of attorney (POA) is a legal document you create while you’re making your estate plan. This document gives someone the authority to make decisions regarding your healthcare when you can no longer make those decisions for yourself. The person you appoint as your medical POA could instruct your medical team about treatment you don’t want, medications you prefer, and end-of-life care.

A medical POA should be someone you trust completely and who you know will fulfill their obligations and carry out your wishes. Even if they disagree with your decisions, they should be willing to carry out the plans you choose if you become incapacitated and can no longer speak for yourself. When you can’t discuss your medical needs and wants, they are your voice.

Many people choose to create a durable medical power of attorney. A durable POA allows your agent to act on your behalf if something happens to you, preventing you from making your own decisions. Some courts assume a medical POA is durable, but you should explicitly state that in the legal document.

Elements of a Medical Power of Attorney

Medical POAs can also be referred to as:

• Advance directive
• Medical power of attorney directive
• Advance healthcare directive
• Power of attorney for healthcare

A medical POA focuses on medical decisions. You should write one according to state law. If you make an error or don’t include the necessary signatures, someone could challenge its validity in court.

Most people think they don’t need a medical POA unless they develop a terminal illness or physically disabling condition. However, this directive can be useful in many situations. For example, if you’re in a car accident and end up in a coma, you can’t communicate your wishes to your doctors. Your medical POA can step in and direct your healthcare team.

A person who’s been given your medical power of attorney can make decisions regarding:

• End-of-life care
• Blood transfusions
• Do not resuscitate (DNR) order
• Medical supplies and devices
• Medical facilities and providers
• Organ and tissue donation
• Home health care
• Surgical procedures
• Diagnostic testing
• Medications
• Long-term care facilities

Your medical POA can also access your medical records if necessary. Sometimes, reviewing this information can help make informed decisions about your care.

When Your Medical Power of Attorney Takes Effect

A medical POA becomes effective when you become incapacitated. You can also include instructions in your estate plan regarding specific events that authorize your POA to take over your healthcare needs. Examples include:

• An accident puts you in a coma or unconscious state
• You are under general anesthesia
• A doctor diagnoses you with dementia or another disease that interferes with your ability to make good decisions
• A medical condition, such as a stroke, causes communication issues
• You have a lapse in mental health, resulting in incompetence

Your medical power of attorney can take effect whenever you choose. However, it typically becomes effective upon incapacitation. A doctor must confirm your condition in a written letter or in your medical records.

Choosing Your Medical POA

When creating an estate plan, you should carefully choose a medical power of attorney. The person you appoint must be a competent adult at least 18 years old. Minors can’t act as anyone’s POA.

You should also consider these characteristics when deciding whom you want to designate:

• Remains calm in a tense situation
• Communicates with family members regularly
• Makes quick decisions regarding treatment and other necessary choices
• Asks questions if confused about treatment options
• Feels comfortable making vital decisions on the spot
• Knows how to take control and instruct healthcare professionals confidently
• Follows through with your directives regardless of personal opinions

Whoever you choose, it should be someone you know will keep your best interests in mind and follow all instructions you provide. If you can’t trust the person you pick, they shouldn’t be your medical POA.

How to Create a Medical Power of Attorney

Creating a valid and enforceable medical POA requires following these steps:

• Determine whether you need a medical POA – If you want control over your healthcare decisions, you should designate a medical power of attorney. Without one, your doctors can make the decisions they believe are best while caring for you. That could result in extraordinary measures to keep you alive when that’s something you don’t want.
• Pick a dependable agent – You should only choose a medical POA you know you can rely on to make the decisions you want to be made. An emotional or irrational family member might choose medical options that aren’t in line with your wishes.
• Complete the paperwork – You have to fill out several different forms to establish a medical power of attorney. It’s only valid if you sign it in front of a notary public or two witnesses.

Contact Us

Staubus, Blankenship, Legere and Walker PLLC has a team of estate planning lawyers with over 100 years of combined legal experience. We assist Dallas clients with cases involving wills, trust, powers of attorney, and additional elements of estate plans. You can count on us to meet your needs and protect your future.

If you want to create a medical power of attorney for your estate plan, do not hesitate to contact Staubus, Blankenship, Legere and Walker PLLC. One of our Dallas estate planning lawyers can meet you for a consultation to discuss what we can do for you. Call now at (214) 833-0100.

If you are the executor of a will or you’re trying to determine what happens to a family member’s assets after their passing, you may be asking yourself whether you need to hire a lawyer to help you with this process. The probate process can be complex, depending on your situation and the size of the estate, and it’s important to have guidance from an experienced team of attorneys.

The Dallas Estate Litigation Lawyers from Staubus, Blankenship, Legere and Walker PLLC can support you through the entire process, relieving you of the stress that comes with managing a family member’s estate.

What Does a Probate Attorney Do?

A probate lawyer specializes in estates and legal issues regarding probate. Probate is the legal process by which a deceased person’s belongings are transferred to family members or other beneficiaries after death. A will that directs how the estate should be distributed makes the process simpler. If the person died without a will, some of the property may need to go through the probate process in order to finalize the estate.

A probate attorney can assist with some of the following tasks related to management and finalization of an estate:

• Reviewing wills
• Distributing real estate and other property to beneficiaries
• Paying taxes
• Resolving life insurance issues
• Cataloging assets of the estate
• Appraising the value of real estate
• Settling disputes with family members or other beneficiaries
• Paying debts owed by an estate
• Filing documents with the probate court

The probate process includes many steps and deadlines, with a lot of paperwork and legal terms to understand. It could be a simple process or it could go on for a very long time.

An experienced probate attorney can help guide you through the probate process and can make sure you don’t miss an important step that could be costly later on. In the case of a dispute, a knowledgeable probate lawyer is essential. In a difficult and emotional time like this, it’s crucial to have an experienced professional who can provide the support you need.

Why Hire Staubus, Blankenship, Legere and Walker PLLC?

The probate attorneys at Staubus, Blankenship, Legere and Walker PLLC have been handling the estate needs of Texas clients for decades. Our firm specializes in estate litigation, guardianship, trust planning and trust litigation, and we excel in estate planning and asset protection.

We have many years of probate courtroom experience, and we have a record of success with high-stakes will contests and complex dispute resolution, as well as routine probate matters and estate administration. Staubus, Blankenship, Legere and Walker PLLC has achieved an AV rating, the highest legal rating from the law firm rating service Martindale-Hubbell.

What Property Doesn’t Need to Go Through Probate?

Property that was owned solely by the decedent or accounts in that person’s name only may need to go through the probate process in order to transfer to family members. Not all assets must go through the probate process, however. You may be able to avoid the probate process for the following types of assets:

• Retirement accounts, such as an IRA or 401(k), with a named beneficiary
• Wages or salary owed to the decedent
• Property in a living trust
• U.S. savings bonds that are co-owned
• Distributions from a pension plan
• Proceeds from a life insurance policy
• Vehicles with a transfer-on-death registration

Your probate attorney can review all of the assets in question and help you determine whether they need to go through probate. The assets may qualify for “small estate” procedures that avoid probate.

Are There Drawbacks to Doing Probate Without a Lawyer?

It is possible to probate an estate without hiring a probate lawyer. If the estate is simple, and many of the assets don’t need to go through the probate process, an attorney may not be required. However, debt payment, taxes, and asset distribution are all complicated processes on their own. Hiring an experienced probate lawyer like the ones at Staubus, Blankenship, Legere and Walker PLLC means that you can be sure that all the details are covered.

If the estate involves a business, commercial real estate, or is particularly valuable, a probate lawyer is a must. The State of Texas requires full court supervision for estates valued at over $75,000, and in most cases, you will need an attorney for this type of case. If there are disputes among family members regarding the estate, you will need a skilled lawyer.

Talk to a Dallas Probate Lawyer Right Away

Managing a will or an estate can be a complicated and arduous ordeal, even more so if you’re grieving the loss of a loved one. The Dallas estate litigation attorneys of Staubus, Blankenship, Legere and Walker PLLC have many years of experience in estate planning and asset protection. We have helped hundreds of satisfied clients with their estate planning and litigation needs and we can make the probate process as stress-free and simple as possible for you too. Call us today at (214) 833-0100 or fill out our contact form to set up a consultation.