FAQ

If you own property, have bank accounts, have children (no matter what age), you should have a Will. You are not required by law to have one, but if you don’t, and you do have these things, then the State of Texas has its own rules for distributing your property that it will use. Do you want the State to write your Will? Everyone should have an estate plan.

A Will does not legally have to be done by an attorney, but it is a good idea to have an attorney draw one up as opposed to finding forms online that may or may not provide everything you need it to to protect your children if you passed away, and how you want your estate to be distributed.

It is the process in which a judge proves a Will is valid and approves the executor who is the one who distributes assets. You may or may not need to go through probate, but you do need a Will to go through the probate process.

If you don’t have a Will and die with assets, then an extra step will need to be taken in order to get those assets distributed. It is a lot cheaper to have a Will done, than to die without one. Dying without one can also cause problems for loved ones left behind.

No, not without the court’s permission, and again it’s more work without a Will.

Yes, you will need to probate the Will in order to transfer title 100% to you, ideally within 4 years of his death. Probating his Will will need to be done before the home can be sold.

Clients often think these documents provide the same powers, but they don’t. A living will states whether you want to be kept alive artificially (as in with a respirator) if you’re unconscious. A power of attorney allows for someone to make medical, financial or legal decisions for you while you are living. Powers of attorney are not effective upon a person’s death. Therefore, a Will is needed.

The cost varies depending on what you own and your situation, i.e., do you have kids, a child with special needs, etc. A free consultation with Erin Lucke will give you that answer.

You should revisit your Will or trust and other estate planning documents every time you have a significant life change in your immediate or extended family or any time you buy, sell, or inherit property. It’s a good idea to visit with your estate planning attorney every 5 years or so, but it’s never too late to look at it to see if it needs updating.

The parents need to be present in the meeting. They are actually the prospective clients, not their children. They are welcome to bring their adult children to the meeting however.

This is a question Erin answers when she meets with prospective clients as there are several differences.