Estate planning isn’t just for those with considerable assets or senior Texans. It’s essential for everyone who wants to protect their assets and provide for their loved ones. Whether you own a home, have children or possess retirement accounts, having a proper estate plan ensures others carry out your wishes if you become incapacitated or pass away.
In San Antonio, where property values continue to rise and family situations grow more complex, proper planning has become increasingly important. Without an estate plan, Texas law – not you – determines who receives your assets and makes decisions on your behalf.
Working with a skilled estate planning attorney ensures your plan is legally sound and truly reflects your wishes. This helps avoid costly mistakes that could affect your loved ones for years to come. A skilled lawyer can navigate complex Texas laws while creating customized solutions that protect your assets and provide peace of mind.
What does comprehensive estate planning include?
Estate planning goes far beyond simply drafting a will. A thorough plan addresses all aspects of your financial and medical well-being while alive and distributes your assets according to your wishes after death.
Essential elements of a comprehensive estate plan include:
- A will that clearly states how you want your property distributed
- Powers of attorney for financial and medical decisions
- Advance health care directives outlining your medical preferences
- Beneficiary designations for retirement accounts and insurance policies
- Guardianship designations for minor children
- Trusts to protect assets and potentially avoid probate
- Succession planning if you own a business
These documents create a safety net that protects you and your family from unexpected circumstances.
Wills and trusts
Wills and trusts serve different purposes in estate planning, and understanding the differences can help you make informed decisions.
Key differences between wills and trusts:
- A will takes effect after death; trusts can work during your lifetime
- Wills go through probate court; correctly funded trusts avoid probate
- Wills are public records; trusts are private
- Wills handle guardianship of minor children; trusts cannot
The two basic types of trusts are revocable living trusts, which you can change during your lifetime. Irrevocable trusts generally cannot be modified once established but may provide greater asset protection and tax benefits. Your personal situation and goals will determine which tools work best for your estate plan.
Powers of attorney
Powers of attorney are crucial documents that allow someone you trust to make decisions on your behalf if you cannot do so. Without these documents, your family might experience costly and time-consuming court procedures to gain authority over your affairs.
Important powers of attorney in Texas include:
- Durable power of attorney for finances, which covers banking, real estate and other financial matters
- Medical power of attorney, which allows someone to make health care decisions for you
- Limited power of attorney, which grants specific powers for particular situations
- Springing power of attorney, which takes effect only under specific circumstances like incapacity
These documents ensure your affairs continue to be managed according to your wishes even if you cannot communicate them yourself.
Advance health care directives
Advance health care directives communicate your medical preferences when you cannot speak for yourself. These documents prevent your family from having to guess what treatments you would want and can help avoid conflicts during difficult times.
Texas recognizes these advance directives:
- Living wills (Directive to Physicians), which outline your preferences for end-of-life care
- Medical power of attorney, as mentioned above
- Out-of-hospital DNR (do not resuscitate) orders
- Declaration for mental health treatment, which addresses psychiatric care preferences
These documents ensure medical providers and your loved ones understand and respect your health care wishes.
Choosing an estate planning attorney
Finding the best legal advice is as vital as having a comprehensive estate plan. Look for a lawyer who:
- Has significant experience specifically in estate planning
- Takes time to understand your family dynamics and financial situation
- Explains complex legal concepts in understandable terms
- Stays current with Texas estate and tax laws
- Offers periodic reviews to update your plan as laws and circumstances change
- Has positive client testimonials and community standing
- Provides clear fee structures with no hidden costs
The best estate planning attorneys take time to understand your unique situation and create customized solutions rather than using a one-size-fits-all approach.
Call today to schedule a free consultation
Attorney Jon Disrud brings over 30 years of legal experience to help San Antonio residents create personalized estate plans that protect their assets and provide peace of mind.
Contact the Law Office of Jon R. Disrud at 210-569-0581 or fill out our online form to schedule your free consultation and take the first step toward securing your family’s future.