Professional Guidance on Estate Planning and Probate Matters
The Law Office of Paula R. Moore provides a selection of legal services that will address your current estate law needs. Whether it's conducting probate proceedings or drafting your will, you can count on me to ensure your wishes are known and upheld.
Estate Planning
We, as people, really don't like thinking about our final days and that is normal. However, Estate Planning is not a process focused on death, but rather on life. You are actually planning for the living and is considered an act of love. Documents will be prepared specifically for you and will immortalize your thoughts, hopes, and dreams you have for your family.
Estate Planning documents typically include the following:
Your Will is your primary estate planning tool as this is where you set out your desired distribution of your real and personal property, name your Executor who will serve to ensure the terms are carried out. Without a Will, the Texas State Legislature has made one for you where the estate division and to whom far too often is neither a contemplated nor desired outcome.
The Medical Power of Attorney serves to appoint trusted family members/friends to help make medical decisions for you in the event of temporary or permanent incapacity. It also allows physicians and staff to easily ascertain who they can consult with when you are not able.
The Statutory Durable Power of Attorney allows you to grant authority to the designated agent to take care of an array of business/financial matters. Your representative can act in either your absence or in the event you are temporarily or permanently incapacitated. This document is also used to avoid guardianship in the event of permanent disability.
The Directive to Physicians serves to memorialize your wishes as to sustaining life by artificial means. The document is invoked upon a diagnosis of a condition where you are not expected to survive more than six months without life sustaining equipment. In executing the Directive you will choose life sustaining equipment or instruct your physician allow you to pass away naturally with only the use of medication to keep you comfortable. Having this document in place takes the burden off family members who may be required to decide.
Probate Matters
The Independent Administration
This type of proceeding is the most common in the probate court. It is created where a proper will states that an independent executor can be appointed, making this the proceeding with the least court involvement and, hence, avoiding increased costs.
An independent proceeding may also be allowed under conditions where the will is defective, and all named beneficiaries agree or where there is no will and all heirs of the deceased agree to this proceeding.
The Dependent Administration
A probate court-supervised proceeding. It may be created even where there is a will but is most commonly seen where there is no will. Typically, this is made when:
- There are difficult issues to be addressed.
- There is a contest to the will, named heirs, and/or the appointed estate representative.
- There are disagreements between all involved parties.
This proceeding carries significant actions resulting in increased but unavoidable expense.
Get Connected
Contact my office today to set up a legal consultation with me regarding your current estate law or probate case. I am more than happy to help you get your affairs in order and resolve all issues related to the distribution of your assets.
