Too many people are unaware that having a proper legal will is crucial to avoiding serious estate problems for them and their families. We all want to make sure our family is taken care of once we’re gone, but having a signed piece of paper listing what you want isn’t enough. That isn’t a legal document, and your family may find that some things you requested could be overruled.
This shows just how important it is to work with an estate planning and probate lawyer in New Caney. We at Bolton Law are dedicated to providing the best representation in probate law to make sure your estate is passed on the way you want it to be so your family is properly taken care of.
Call our New Caney, TX law firm today at 281-351-7897 to set up a consultation.
What Exactly Is Probate Law?
Probate law is the area of law that deals with the distribution of a person’s estate after they die. This includes distributing their assets, paying any debts or taxes that are owed, and resolving any disputes that may arise. Probate law is complex, and you want attorneys with a lot of background and experience working in this particular area of law.
If someone dies without a will, or if their will is contested, going to probate court may be necessary to settle the estate.
Probate court is also sometimes used to settle trusts and estates when there is no will. Trusts and estates are usually much simpler than probate, but they can still be complex.
Probate law can be confusing and overwhelming for those who are not familiar with it. If you are dealing with the death of a loved one, it is important to seek the advice of a qualified attorney who can help you navigate the process.
At Bolton Law, we take pride in offering top-notch probate law services for estate planning, writing wills, power of attorney, and more.
Contact us at 281-351-7897 to set up your initial consultation so we can make sure your estate is planned out as you want it, and not as the government decides to divide it.
Why Do You Need Estate Planning?
Estate planning is the process of making arrangements for the distribution of your assets after you die. This can include creating a will, trusts, or other legal documents. Estate planning can be simple or complex, depending on your situation.
If you have a small estate, you may not need to do much planning. However, if you have a large estate, or if you have complex financial affairs, it is important to seek the advice of a qualified attorney. Estate planning can help you make sure that your assets are distributed according to your wishes and that your debts are paid.
There are many different aspects of estate planning, and it is important to understand all of them before making any decisions. You should also keep in mind that estate planning is an ongoing process, and you should review your plans regularly to make sure they are still appropriate for your situation.
Just a few documents that we can help prepare for you include:
- Last will and testament
- Living will
- Directive to physicians regarding end-of-life treatment
- HIPPA release
- Power of attorney
- Other common probate law documents.
Understanding the Legal Will
A will is a legal document that outlines how you want your assets to be distributed after you die. You can name beneficiaries, appoint an executor, and specify other details about the distribution of your assets.
A legal will does not take effect until you die. This means that if you change your mind about how you want your assets to be distributed, you can simply create a new will. However, if you do not have a will, or if your will is contested, your estate will be settled according to the intestate laws of Texas.
It’s best to have an attorney help you draft a will to make sure your wishes are followed. Creating a will is one of the most important aspects of estate planning. Without a will, your family may have to go through a lengthy and expensive court process to settle your estate.
Not creating a will puts your estate in the hands of government workers and the courts, putting your wishes for your estate in danger.
What Is Probate?
Probate is the legal process of settling an estate after someone dies. This includes distributing their assets, paying any debts or taxes that are owed, and resolving any disputes that may arise. Probate can be complex, and there is a reason that this process is usually handled by lawyers who specialize in this area.
If someone dies without a will, or if their will is contested, going to probate court may be necessary to settle the estate.
Probate court is also sometimes used to settle trusts and estates when there is no will. Trusts and estates are usually much simpler than probates, but they can still be complex.
Probate can be confusing and overwhelming for those who are not familiar with it. Our attorneys will make sure all your papers are in order well ahead of time so your family won’t have to worry about even more after you pass.
What Services Does an Estate Planning and Probate Lawyer in New Caney Offer?
There are many different aspects of estate planning, and it is important to understand all of them before making any decisions. You should also keep in mind that estate planning is an ongoing process, and you should review your plans regularly to make sure they are still appropriate for your situation.
Some of the services that we provide include:
- Creating a will: A will is a legal document that outlines how you want your assets to be distributed after you die. You can name beneficiaries, appoint an executor, and specify other details about the distribution of your assets.
- Creating trusts: Trusts are used in many ways to help better pass on assets to future generations while minimizing tax penalties, protecting special assets, and avoiding probate court when possible.
- Dealing with probate: If someone dies without a will, or if their will is contested, the family may have to settle the estate in probate court.
- Estate tax planning: There are many different ways to minimize the taxes that your estate will owe, and many people who have never done estate planning are surprised just how many different taxes can be imposed. A qualified attorney can help you choose the best option for your situation.
- Creating powers of attorney: Powers of attorney allow you to appoint someone to make financial or medical decisions on your behalf if you are unable to do so yourself.
If you have any special needs or documents that need to be filled out as part of your estate planning, we are eager to speak with you about them and educate you on how Bolton Law can help. Contact us at 281-351-7897 to set up an initial appointment.
What Are the Different Types of Wills We Provide?
There are different types of wills, and the type that is right for you depends on your situation. The most common types of wills are:
Simple Will
A simple will is a basic document that outlines how you want your assets to be distributed after you die. You can name beneficiaries, appoint an executor, and specify other details about the distribution of your assets.
Living Will
A living will is an important and common legal document that makes clear your specific wishes when it comes to medical treatment in various situations, especially if you can’t communicate (such as if you are in a coma). This can include decisions about life support and other medical treatments.
Trust Will
A trust will is a legal document that creates a trust, which is a legal entity that can hold and manage assets. Trusts serve many purposes, and in many situations are the better legal option for what the individual wants.
When Do I Need an Estate Planning and Probate Attorney?
You should consult with a probate/estate planning attorney if:
- You are named as an executor in someone’s will.
- You are named as a trustee in someone’s trust.
- You are the beneficiary of a will or trust.
- You are dealing with the death of a loved one.
- You need to create or update a will or trust.
- You need to create or update a power of attorney.
- You are dealing with probate court.
- You are dealing with estate taxes.
Serving the Greater New Caney Area
At Bolton Law, we have a lot of experience in a wide array of probate law situations whether needing to go to court or properly prepare documentation ahead of time to help prevent that. We take pride in the service we provide to our clients and work tirelessly to make sure your wishes for your estate are met and followed.
Please give us a call at 281-351-7897 if you have any other questions or concerns about estate planning. Our associates will be happy to set up an initial consultation with an estate planning and probate lawyer in New Caney.