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Getting Started with a Texas Estate Plan

At Mahoney Legal of Texas, we can help you build an estate plan to fit your needs and protect your legacy. We make comprehensive and customized estate planning easier for you—and your loved ones.

Due to Tim Mahoney’s training and membership in various legal organizations, we can help you safeguard your estate for every shift in life. Your asset protection needs will change as your children grow up, marry or divorce, or sell or purchase a new property. Our Texas law firm can help you update your estate plan every three to five years to secure your assets and correctly pass your legacy on to your loved ones.

Beyond Trusts, some of your family members may be on a tight budget, unable to afford a custom plan but need to get started with estate planning due to marriage, children, business partnerships, and more. Mahoney Legal of Texas offers affordable estate planning (ALP) and essential life planning documents for all Texans, assisted by our offices in Austin, El Paso, Amarillo, Dallas, Houston, and Corpus Christi. We partner with Texas Legal to provide affordable documents, including wills, living wills, declarations for guardianship, and more. Texas Legal memberships would be an excellent gift for your beneficiaries; let them know what life planning’s all about.

Did you know 60% of Americans do not have a will?

Like many estate planning attorneys, I experienced a loss in my family that strained family relationships as they attempted to deal with loss, figure out how to handle funeral arrangements, inventory assets, and decide who gets what without hurting anyone’s feelings in the process. I vowed to help others avoid family turmoil.

Managing your assets through proper estate planning lets you leave instructions about how you want your estate to be distributed to loved ones after your death. You may be asking yourself:

· Who is going to care for my children when I die? Can I choose, or will a court decide?

· What happens to my home and possessions? Which will go to family members, close friends, or charity?

· Who will make critical medical decisions in an emergency?

· Should I have a living will to spell out acceptable treatments if I become incapacitated due to an accident or illness?

· Who will make decisions about financial matters when I am unable?

· How do I want my remains to be handled? Cremation, burial, or something else?

· What do my funeral arrangements look like?

· Can a Medicaid Trust provide asset protection for my estate
in my later years?

Having answers to these questions while you are still alive and sharing them with family and friends can offer peace of mind for you and those you love. Working with Mahoney Legal of Texas today creates estate planning documents to serve your needs and goals during life and
for your family’s future.

Mahoney Legal Also Offers Affordable Life Planning (ALP) Documents for Your Family Members

In partnership with a Texas Legal Membership, Mahoney Legal also offers affordable estate planning documents for your family members. Some of these documents will protect your loved ones if they become incapacitated by accident, illness, or declining health with age. They also determine what happens to assets after death for a seamless transition to beneficiaries. If you are going through the exercise of protecting your assets in trusts, why not educate your beneficiaries with similar planning tools? Some of the documents included in the Texas Legal ALP documents are:

· A Will to assign an executor of your estate, manage it, pay debts, and distribute the property as specified. Include beneficiaries and guardians for minor children.

· A Revocable Transfer on Death Deed to quickly transfer specific real property outside of probate.

· A Medical Directive, or Living Will, to determine acceptable treatments in various medical situations, including end-of-life medical care. It takes the stress of making those decisions off of family members and helps keep peace during difficult and emotional times.

· A Medical Power of Attorney to designate a health care agent to convey your medical decisions and follow your wishes. It remains in effect when you are unable to make decisions.

· A Statutory Durable Power of Attorney to designate an agent to make financial decisions when you can't handle your affairs. This document also helps avoid the need for the stress and expense of guardianship proceedings.

· Declarations for Guardianship when Powers of Attorney are not in place.

· An Out-of-Hospital Determination to provide Do Not Resuscitate instructions.

· An Appointment of Disposition of Remains to designate a person to carry out your burial or cremation wishes.

These are the foundational parts of an estate plan, but a custom strategy can go well beyond basic life planning documents.

FREE consultations are available. Call us today at 512-326-9944 or use our online form to request a call back.

Our Affordable Life Planning Documents Campaign Offers Texans a Complete Estate Planning Document Set.

Manage your assets through proper estate planning with the help of our attorney at Tim Mahoney Attorney at Law PC. You can decide how you want your estate to be distributed to your loved ones after your death. Partner with Texas Legal to make estate planning more affordable. Call (512) 326-9944 or e m ail us today.

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Simple Will: (generally without trust provisions): A document in which the will maker specifies who is to receive his or her property at death and names an executor as well as guardian for young children. To be valid, there are a number of processes that are recognized under Texas law. The best being a will signed by the Testator in the presence of two witnesses before a notary.

*Other types of Wills under Texas law include a “holographic will," a will written in the hand writing of the testator, but without witnesses. Another difference in Will types is the Independent vs. the Dependent Administration for a Probate case. Independent Administration is usually less expensive, but the Dependent Administration allows for closer Court monitoring generally in cases where it may seem prudent to allow more monitoring in cases where say, the family may not get along.

Statutory Durable Power of Attorney: In Texas, this document can be used to designate another person, usually called an agent or an attorney-in-fact, to represent your monetary interests and act on your behalf. It can be utilized even if you become in some way incapacitated. It can do away with the need for a designation of Guardian in a case of incapacity (and the costly procedure that might entail). The person(s) you designate should be trusted by you. It does not authorize anyone to make medical and other healthcare decisions for you (that would be allowed by the Medical Power of Attorney*).

*A Guardianship determination can be an expensive option, and if a trusted person is available, like one’s spouse, then this can be a less expensive option.

Medical Power of Attorney: Except as you may otherwise state, this document gives the person you name as your agent the authority to make any and all health care decisions for you in accordance with your wishes, including your religious and moral beliefs, when you are no longer capable of making them yourself.

*A Guardianship determination can be an expensive option, and if a trusted person is available, like one’s spouse, then this can be a less expensive option.

Medical Directive / Living Will: An advance directive tells your family, friends and health care professionals the care you would like to have if you become unable to make medical decisions. Through advance directives, you can make legally valid decisions about your future medical treatment. Can be used with the Medical Power of Attorney.

*Through advance directives, you can make legally valid decisions about your future medical treatment. Can be used with the Medical Power of Attorney.

The Out-of-Hospital Do Not Resuscitate (DNR) order provides you with the right to withhold or withdraw cardiopulmonary resuscitation (CPR) or other treatments such as defibrillation and artificial ventilation. Can be used with the Medical Power of Attorney.

*Because of the picadilloes of Texas Law, different levels of medical professionals may not be subject to some desires that you may have. If you have a provision like a DNR in your Medical Directive/Living Will, without this document, emergency medical personnel may be forced to follow their protocols, despite your intentions.

HIPAA Release: Legislation like the Health Insurance Portability and Accountability Act and the Patient Protection and Affordable Care Act are serious about patient privacy. A medical release form is a document that gives health care professionals permission to share patient medical information with other parties.

*This document is designed to allow your designee to have access to your medical records so that they can make informed medical decisions as you might.

Revocable Transfer on Death Deed (where applicable): A Transfer on Death Deed (TODD) is a simple, inexpensive way to transfer real estate to someone else upon your death. It does not involve going through probate court, which can be a lengthy and costly process. The real estate passes to your beneficiary upon your death outside the probate system. If circumstances change, this transfer can be revoked.

*The real estate passes to your beneficiary upon your death outside the probate system. If circumstances change, this transfer can be revoked.

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