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Estate Planning

Estate planning in Texas involves a set of legal strategies and documents that individuals use to manage their assets and affairs during their lifetime and to distribute those assets upon their death.

Here is a summary of key elements in estate planning in Texas:

Wills

 A will is a fundamental estate planning document that allows individuals to specify how their assets should be distributed after their death. In Texas, a will must meet certain formalities to be valid, and it can address various aspects of asset distribution, such as naming beneficiaries, appointing an executor, and providing for the guardianship of minor children.

Revocable Living Trust

A revocable living trust can be used to manage assets during an individual's lifetime and to streamline the distribution of assets upon their death. It can help avoid probate, maintain privacy, and provide for efficient asset management in the event of incapacity.

Beneficiary Designations

Certain assets, like life insurance policies, retirement accounts, and payable-on-death (POD) accounts, allow for the naming of beneficiaries. Ensuring these designations are up to date is a key part of estate planning in Texas.

Business Succession Planning

For business owners, estate planning in Texas often involves strategies to ensure the smooth transition of the business to heirs or other beneficiaries. This can include buy-sell agreements and succession plans.

Living Wills

Living Will and Medical Power of Attorney: A living will, also known as an advance directive, and a medical power of attorney allow individuals to express their healthcare wishes in the event they become incapacitated. These documents address issues like life-sustaining treatments and appointing a trusted individual to make medical decisions on their behalf.

Designation of Guardianship

Estate planning in Texas can include the appointment of guardians for minor children. This designation allows parents to specify who should care for their children in case they pass away or become unable to fulfill their parental responsibilities.

Estate Tax Planning

Texas does not impose state estate taxes; however, federal estate taxes may still apply. Individuals with larger estates should consider tax planning strategies to minimize their tax liability, such as the use of trusts and gifting strategies.

Review and Updates

Estate plans should be reviewed and updated periodically, especially in response to major life events, changes in the law, or changes in financial circumstances.

Durable

Power of Attorney

A durable power of attorney authorizes someone to manage an individual's financial affairs if they become incapacitated. This document is particularly useful for handling banking, bill payment, and financial decisions.

HIPAA Authorization

A HIPAA authorization permits designated individuals to access an individual's protected healthcare information, which is essential for healthcare decision-making and medical care coordination.

Charitable Giving

Estate planning can include provisions for charitable giving, allowing individuals to leave a legacy by supporting their favorite charities or causes.

Reach out to David Balmer to learn more

Estate planning in Texas is a customized process, and the specific documents and strategies used can vary depending on an individual's goals, family situation, and financial situation.

 

Consulting with an experienced estate planning attorney is recommended to ensure that your plan aligns with your objectives and complies with Texas law.

Do You Need Help Planning Your Estate?

Reach out to David Balmer to learn more

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