Estate Planning Essentials

Planning for the future is essential to ensure your wishes are respected and your loved ones are protected. At McClimon Law, PLLC, we provide comprehensive estate planning services tailored to meet your unique needs. Here’s how we help you establish a solid foundation for your legacy:

Last Will And Testament

A will is the cornerstone of any estate plan, directing how your assets will be distributed after your passing. Without one, the State of Texas imposes its own formula, leading to potential complications, added expenses, and uncertainty for your loved ones. Our firm prepares wills that:

• Specify beneficiaries and the distribution of assets.
• Appoint guardians for minor children or disabled adult dependents.
• Designate a trusted executor to manage your estate.

Powers Of Attorney

Life is unpredictable, and a power of attorney ensures that someone you trust can make decisions on your behalf if you become incapacitated. Our documents empower your appointed agent to:

• Handle personal and financial affairs, including managing accounts, paying bills, and making major financial decisions.
• Include special provisions for Medicaid planning, such as asset gifting to heirs.

We often recommend a durable power of attorney effective immediately, avoiding delays or disputes about when “disability” begins.

Living Will (Advance Directive)

A living will communicates your preferences for life support and end-of-life care, providing clarity to healthcare providers and peace of mind for your family. Unlike many firms, we take an in-depth approach, addressing:

• Four specific medical scenarios and 13 medical procedures.
• Provisions for ongoing pain management, ensuring compassionate care throughout.

HIPAA Authorization

A HIPAA release grants designated individuals access to your medical records and updates about your condition, enabling informed decisions and coordination of care when it matters most.

Funeral Directives And Guardianship

Our estate planning includes documents to guide funeral arrangements and appoint guardians for yourself or minor children, ensuring every aspect of your future is thoughtfully addressed.

Advanced Trust Planning

For those with complex needs, we offer guidance on sophisticated trusts to:

• Minimize probate and estate taxes.
• Secure financial stability for a disabled child or other dependents.

Comprehensive Estate Planning Package And Pricing

Our estate planning package simplifies the process by including everything you need for peace of mind:

• Last will and testament
• Medical power of attorney
• Statutory durable power of attorney
• Living will (advance directive)
• HIPAA authorization
• Funeral directive
• Declaration of guardian

Our affordable pricing for the Estate Planning Package starts at $1,250 for individuals and $2,500 for married couples.

Common Questions About Estate Planning In Texas

In Texas, a well-prepared estate plan can help protect your property and make your wishes clear. These common questions cover wills, probate and healthcare decisions under Texas law.

What happens if I die without a will in Texas?

If you die without a will in Texas, the state’s intestacy laws determine who inherits your community and separate property based on your family relationships. Unless your heirs enter into a valid Family Settlement Agreement, they generally cannot choose a different distribution among themselves. The court must follow the statutory rules when dividing the estate.

Dying without a will can leave your family with less control over how your property is distributed. A will lets you choose who receives your property and gives you a say in how your estate is handled.

Does a last will and testament avoid probate in Bastrop County?

No. A last will and testament does not avoid probate in Bastrop County or anywhere else in Texas. Before the will can take effect, the probate court must determine that it is legally valid and admit it to probate. If the will designates independent administration, the executor can handle the estate without the court overseeing the day-to-day administration.

Not every asset has to go through probate. For example, certain trusts, life insurance policies and retirement accounts may pass directly to named beneficiaries.
Planning ahead can help you understand which assets may need to go through probate and which can pass to beneficiaries outside the probate process.

Is an out-of-state will valid in Texas?

Yes. Texas law generally recognizes a will that was properly executed under another state’s laws. However, an out-of-state will may not contain provisions that are commonly used for Texas estates. For example, it may not authorize independent administration or waive an executor’s bond. Without those provisions, the probate process may involve more court supervision.

If you move to Texas, having your will reviewed by a lawyer can help you determine whether it still works as intended under Texas law.

What is the difference between a medical power of attorney and a living will?

In Texas, an advance directive can refer to both a medical power of attorney and a directive to physicians and family or surrogates, commonly called a living will. They serve different purposes.

A medical power of attorney lets you name someone to make health care decisions for you if you cannot make them yourself. A directive to physicians states your wishes about certain medical treatment, including treatment decisions at the end of life. Having both documents can help your family and healthcare providers understand your wishes.

Our firm’s thoughtful and personalized approach ensures that your estate plan not only reflects your wishes but also protects those you care about most. Contact us at 888-712-4804 to begin securing your future.