If you’ve browsed this website at all, you’ll notice that one of my main themes is planning. I say it repeatedly, because there is absolutely no substitute for proper planning, and a lack of planning can become quite problematic for all involved.

I regularly get clients who find themselves in an uncomfortable situation in which they have little control, because they or their loved ones chose to try and take an easy way out and bypass getting a lawyer to handle their affairs.

There are plenty of form wills online, that will probably be more difficult (and often, more costly) to probate, if they are even valid at all. Some folks believe that they can do their own will themselves and save a few hundred dollars. However, each of those can pose immense issues for their loved ones.

If a will is not valid, we must do an intestate administration of a person’s estate. This means that instead of the person’s wishes being carried out, Texas law dictates where everything goes.

The same can be said for business creation and management as well. Without some form of business structure and the subsequent organizational documents, a business owner’s personal assets could be at risk from attacks from creditors and others through lawsuits.

Ultimately, by the time someone sues, a loved one passes away or gets dementia and no longer has capacity to sign documents, it’s likely too late to adequately make protective changes. This does not mean that a favorable outcome is out of reach but is far from a sure thing.

Protect yourself, your family, and your livelihood with legal planning.

Question: We need a will. Why do you keep talking about an estate plan?

There’s a lot more to planning for the inevitable than just a will. According to the AARP, roughly 60 percent of Americans do not have a will, which is a shame because of how useful a will can be.

However, when I do an estate plan for a client, it also includes Power of Attorney documents for both medical issues and property issues, a declaration of guardianship preference, HIPAA release, and more.

An estate plan isn’t just for when someone goes on to their great rewards. Rather, it should include planning for future medical issues, aging problems, and so on. It empowers the people you love and trust to make the decisions that you need.

We can also discuss probate and ways to potentially avoid probate, as many assets can be structured to pass without court intervention, including real property. If structured properly, the will may not even have to be probated and can merely serve as a catch-all. Also, having an estate plan can keep families out of disagreements that can destroy relationships forever.

While probate is often a straightforward process, structuring things to pass outside of probate can not only save money on court costs and attorneys’ fees but also make the process of dealing with asset transfer during a period of extreme grief.

Many people simply fail to make an estate plan because they just do not get around to it. If you’re looking for a New Year’s resolution, this is an easily attainable one that can have significant benefits in the future. To prioritize your family and future, give me a call to discuss your options.