Frequently Asked Questions About Estate Planning, Probate, Guardianship, Wealth Planning & Business Law

A will is a legal document that directs how your property is distributed after you pass away. It goes through probate—a court-supervised process—and becomes part of the public record. A trust is a legal arrangement in which you transfer assets to a trustee, who manages them for beneficiaries according to your instructions. Trusts avoid probate, remain private, and take effect during your lifetime if you choose. Many comprehensive plans include both documents, each serving different purposes in your overall strategy.

Not always. Depending on your situation, Texas allows certain estates to use simplified procedures, such as a small estate affidavit or a muniment of title, instead of a full probate administration. These options can work well for smaller estates, estates with no will and modest assets, or estates with a valid will and no unpaid debts. However, if your estate includes real property in multiple states, significant assets, or potential disputes among heirs, a full probate administration may be necessary. The right approach depends on your specific situation — your asset types, values, debts, and family circumstances.

A straightforward probate in Texas typically takes less than one year, though complex estates can extend longer. The timeline depends on factors like estate size, creditor claims, potential disputes, and the complexity of assets involved. Having a well-organized estate with clear documentation speeds the process considerably.

A healthcare directive (also called a medical power of attorney or advance healthcare directive) allows you to designate someone to make medical decisions if you become unable to do so. It also lets you document your wishes about end-of-life care, organ donation, and life-sustaining treatment. It’s valuable for anyone with significant assets, family responsibilities, or specific healthcare preferences—regardless of age.

Yes. A will can be amended through a codicil or replaced entirely with a new will. A revocable trust can be modified or revoked during your lifetime. Life changes—marriage, divorce, birth of children, significant financial shifts—often make updates necessary

A will directs how your assets are distributed after your death and must go through probate. A trust holds assets during your lifetime and transfers them directly to beneficiaries without probate, offering more privacy and control. Many families benefit from having both — a trust for primary assets and a will to capture anything not held in the trust.

A healthcare directive — also called a living will — documents your wishes regarding medical treatment if you become incapacitated and cannot speak for yourself. It tells your doctors and family what you want, reducing the burden on loved ones during an already difficult time. Every adult should have one regardless of age or health status.

Yes. A will can be updated at any time by executing a new one. A revocable living trust can also be amended or revoked during your lifetime. We recommend reviewing your plan after major life events — marriage, divorce, the birth of a child, a significant change in assets, or the death of a named beneficiary or executor.

Yes — and the earlier the better. An unexpected accident or illness can happen at any age, and without legal documents in place, your family may have no authority to make medical decisions on your behalf or access your finances. A basic estate plan takes that uncertainty off the table and gives your family clarity when they need it most.

Not always. Assets with named beneficiaries — like life insurance and retirement accounts — pass directly and avoid probate. Property held in a trust also bypasses probate. What typically requires probate are assets titled in the deceased’s name with no beneficiary designation. A well-structured estate plan can significantly reduce or eliminate what passes through probate.

A straightforward probate in Texas typically takes less than one year. More complex estates — those with disputes, creditor claims, real property in multiple counties, or missing heirs — can take a year or longer. Texas does offer simplified alternatives like muniment of title and small estate affidavits for qualifying estates, which can resolve much faster.

An executor is responsible for filing the will with the probate court, notifying creditors and beneficiaries, inventorying assets, paying valid debts, and distributing the remaining estate according to the will. It’s a significant legal responsibility that can take months to complete. We guide executors through every step of the process so nothing is missed or mishandled.

Texas intestacy laws determine how the estate is distributed — and the results may not reflect what the deceased would have wanted. The state follows a fixed formula based on family relationships, which can result in assets going to estranged relatives or being divided in ways that create conflict. It also means the court appoints an administrator rather than someone the deceased would have chosen.

A power of attorney is a private legal document that grants someone authority to act on your behalf — it requires your voluntary consent and can be revoked. Guardianship is a court-supervised legal process that transfers decision-making authority when a person is unable to manage their own affairs and no other legal authority exists. Guardianship is generally a last resort when planning documents like powers of attorney are not in place.

A Texas court will decide who raises your children — and that process can be contested, expensive, and emotionally difficult for your family. Naming a guardian gives the court clear direction and significantly reduces conflict. You can also name separate individuals to serve as guardian of the person and guardian of the estate if you want different people handling your children’s care versus their finances.

Yes. Any interested party — a family member, a friend, or even the proposed ward — can challenge a guardianship appointment. Courts will consider the best interests of the person who needs protection. Having clear, properly executed legal documents in place ahead of time is the most effective way to minimize the likelihood of a contested guardianship proceeding.

A standard guardianship proceeding in Texas typically takes two to four months from filing to court approval. Emergency guardianship can be granted much faster — sometimes within days — when there is an immediate threat to a person’s safety or finances. The timeline depends on the complexity of the case, whether it is contested, and the specific court’s docket.

A revocable living trust can be changed or revoked at any time during your lifetime. It avoids probate and simplifies asset management during incapacity but does not protect assets from creditors or reduce estate taxes. An irrevocable trust generally cannot be modified once established, but it can provide significant tax advantages and asset protection. Which is appropriate depends on your goals, asset level, and family situation.

Texas has no state estate tax. However, federal estate tax applies to estates exceeding the federal exemption threshold, which is currently over $13 million per individual. For most families, federal estate tax is not a concern — but for those with significant assets, business interests, or life insurance,$15 million per person or $30 million per couple proactive planning can preserve more of your wealth for the next generation.

Retirement accounts and life insurance generally pass by beneficiary designation — not through your will or trust. That means if your designations are outdated or inconsistent with your estate plan, assets may go to the wrong person or create unintended tax consequences. We review your beneficiary designations as part of the planning process to make sure everything works together as intended.

A special needs trust holds assets for a beneficiary with a disability without disqualifying them from government benefits like SSI or Medicaid. Without one, an inheritance — even a modest one — can make a disabled family member ineligible for the programs they depend on. If you have a child or loved one with special needs, a special needs trust is one of the most important planning tools available.

Without a plan, your business interest becomes part of your estate and is subject to probate — which can take months or years. During that time, operations can be disrupted, partners may have no clear authority, and your family may be forced into decisions they’re unprepared for. A business succession plan combined with a buy-sell agreement ensures ownership transitions smoothly and protects everyone involved.

A buy-sell agreement is a legally binding contract between business co-owners that governs what happens to an ownership interest if an owner dies, becomes incapacitated, divorces, or wants to exit the business. It sets a predetermined valuation method and purchase terms, preventing disputes and ensuring the business can continue without interruption. If you have a business partner, a buy-sell agreement is essential.

The most effective way is to hold your business interest inside a trust or structure your operating agreement to allow for automatic transfer of ownership upon death. A properly drafted buy-sell agreement funded with life insurance can also facilitate a clean transfer without court involvement. We coordinate your business documents and your personal estate plan to make sure both work together seamlessly.

The best time is well before you need it — ideally when the business is formed or shortly after. Waiting until retirement, illness, or a partner dispute forces the issue almost always results in fewer options and more risk. A succession plan established early can be updated as the business grows and circumstances change, giving you flexibility and your family security at every stage.