Wills and Attorneys

Article submitted by Mark Smith of Heard & Smith, L.L.P.
For more information, he can be reached at 210-820-3737, or visit their website: www.HeardandSmith.com.

Probate is the legal process that enables the personal and financial affairs of a person to be settled after he or she dies. Belongings are distributed; title to property is transferred; and debts are paid. Despite its reputation, the probate process can be remarkably efficient, quick, and simple. Texas is one of the easiest states in the nation to do probate if there is a will. Texas is one of the hardest states for probate without a will. An experienced estate planning and probate attorney can eliminate many of the complications sometimes associated with the probate process.

A properly drafted will serves as a legal tool and your voice to transfer your property to your heirs after your death. A will helps ensure that your home, assets, and belongings are transferred efficiently and according to your wishes after your death. Wills also help to avoid legal problems and minimize probate-related costs and taxes. If you do not have a will, your estate will be dispersed to family members as provided by Texas law. Without a will, the probate process is generally more costly and more time-consuming, than it would be with a well-drafted will.

A guardian is a person, institution, or agency appointed by a court to manage the affairs of a child or a person determined to be mentally or physically incapacitated. The guardian may manage a person's personal affairs or property, or both. A guardian is appointed only after a court hearing is held. Mental illness, developmental or physical disabilities, chronic intoxication, or age-related illnesses such as Parkinson's disease or Alzheimer's disease, are examples of conditions that can lead a court to declare a person to be incapacitated. A guardianship proceeding requires a trial before a judge and continuing legal assistance while the guardianship remains in place.

In addition to ensuring that your will is comprehensive and properly drafted, an experienced attorney can advise you on the advantages of powers of attorney, trusts, and other estate planning tools. If someone you love is incapacitated, an experienced attorney can help you assess if a guardianship is appropriate.