Doing Estate Planning in Texas
Many people foolishly believe that estate planning should begin when you know that you are suffering an illness that might take your life or when you are elderly and reaching the average age of life expectancy. Estate planning in Texas makes it fairly simple for you to think about your estate in terms of planning for the future, not just in terms of dying.
Getting your affairs in order will require that you not only think about a will, property and trusts, but it will also prompt you to plan for living wills, power of attorney, and tax planning. Estate planning in Texas covers all of these areas and ensures your wishes will not be confused and there will be no chaos if you are unable to make decisions for yourself any longer or if you should unfortunately pass away.
Even family members who believe they know your wishes cannot be reliable under these kinds of emotional circumstances. If they talked to you about your wishes long ago, it is likely your desires have changed or evolved over time.
Estate planning in Texas provides a little flexibility when it comes to creating a will. You have the right to make an oral will if you are being taken away to the hospital during illness and die before coming back home. You can also opt for an oral will if you are ill and remain at home. If you wish to distribute property that is worth more than $30, however, you will need three credible witnesses to make your will legal and enforceable.
Handwritten wills are also an alternative when estate planning in Texas. Called holographic wills, these documents must be in your own handwriting, have no typed additions, and you must state that what you are writing is your last will and testament.
Some people might have a need to have alternative plans to a will, especially if they do not wish their tax and other financial records to be perused by the public. They can choose to create a revocable living trust, which transfers all assets to someone else to manage before they die. They can make all bank accounts TOD (transfer on death) or POD (payable on death) accounts. They can also begin distributing assets as gifts before death and avoid all the hassle – if they have that luxury.
If you die intestate (without a will) and fail to do estate planning in Texas, assets are divided among your family members. A spouse who has natural children with you benefits most in this case. He or she would inherit all property you have acquired since the marriage began. If you have children outside of your marriage, your spouse must share half the assets with those children, but has the right to remain in the house you owned until the spouse dies.
Power of attorney figures prominently into estate planning in Texas. This happens when you appoint someone to make gifts on your behalf, manage or transfer assets, or create any trusts you want to create if you become incapacitated. Having a power of attorney might save your family lots of time and money in probate court and allows you to do independent administration of your own estate. If you have any concerns, find yourself a good tax lawyer, Austin, Dallas, Houston, San Antonio each have many.