Wills & Probate Administration

Wills & Probate Administration

Drafting a will is a very important process to ensure that your assets are properly distributed after your death. With no will present, a person’s belongings and assets will be distributed according to the Texas intestacy laws which can be unfavorable for many of your relatives and those that you intended to give your belongings to.

  • Texas recognizes handwritten wills (holographic wills) and typewritten wills (formal wills)
  • To execute a valid will in Texas, the testator (person creating the will) must meet the following requirements:
    1. be at least 18 years of age, or has been lawfully married, or is serving in the armed forces;
    2. be of sound mind at the time of execution of the will;
    3. the will must have been made voluntarily with no undue or fraudulently inducement; and
    4. the testator must have testamentary intent (present intent to give property away at death.

Please call our office today to schedule a consultation to discuss the possibility of creating your own will.

Generally speaking, a power of attorney allows a designated person to make decisions on your behalf. They can be written in a way to become effective immediately upon signing or only effective upon you becoming incapacitated. It is EXTREMELY important to understand what type of power of attorney you are creating as each one is created for a difference purpose.

Medical Power of Attorney

  • This document is signed by the person (“principal”) creating the document and designates a specific individual to make health care decisions on the principal’s behalf. It is typically effective immediately upon signing unless stated otherwise. It remains in effect indefinitely unless revoked by the principal or unless there is a specific termination date set forth in the power of attorney. The designated agent may only make health care decisions for the principal if the principal’s attending healthcare physician certifies in writing that the principal is deemed incompetent to make his/her own decisions. The physician must also file the certified writing in the principal’s medical record.
  • Subchapter D, Section 166.151, 166.152, and 166.153 of the Texas Health and Safety Code lay out clear guidelines that apply to medical power of attorneys.
  • Call today to schedule your appointment to have your Medical Power of Attorney created!

Durable Power of Attorney

  • This document authorizes an agent to act on your behalf with regards to financial, legal, and business matters. This document can become effective immediately or can be brought into effect only upon the principal’s incapacity depending upon how it is written.
  • Texas Estates Code Section 751.051 clearly sets forth what this type of document should like and what exactly it should contain.

We offer low FLAT FEE pricing for probate. Call today to find out about our probate payment plans.

Office information

2219 Sawdust Rd. Suite 102,
The Woodlands, TX 77380

Telephone:
713-818-7116

E-mail:
kyle@kylewhitelaw.com

Office Hours:
Monday-Friday: 8 a.m.-5:30 p.m.
Or By Appointment

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