Estate planning involves creating legal documents outlining your healthcare, financial affairs, and property management preferences. These documents are crucial as they guide your family in making decisions on your behalf should you become unable to do so. They also clarify your intentions for distributing your assets and property after passing away.
Even though you can verbally tell your family what you want, estate planning documents have legal weight and can be enforced in court. If you’re wondering what documents are needed for estate planning, you’ve come to the right place.
Last Will and Testament
In Texas, a last will and testament, or “will.” serves as your roadmap for distributing your assets after you pass away. It lets you decide who inherits your property, who manages your estate, and who looks after any minor children you have.
If you need to change your will, you can add a codicil. You must follow the same strict rules you used to make the original will. This way, you can update your wishes as your life evolves without starting from scratch.
Dying without a will means you leave the distribution of your assets up to Texas intestate laws. What does that mean for you? If you pass away “intestate,” the state steps in and divides your investments based on a preset formula, which might not reflect your wishes and can especially complicate things for non-traditional families or unmarried partners.
Draft a will that clearly describes your desires to ensure your assets go exactly where you want them. This step keeps you in control rather than leaving critical decisions to impersonal state laws.
Having a will in place prevents stress for grieving people by eliminating complications that can arise without an estate plan.
Durable Power of Attorney
In Texas, a general power of attorney grants someone the authority to handle your affairs, such as financial transactions or property management. However, this power typically ceases if you become incapacitated.
In contrast, a durable power of attorney (DPOA) remains effective even if you face medical or other conditions that lead to mental incapacity. This feature makes a DPOA an essential tool in estate planning, ensuring that your chosen agent can continue managing your affairs without interruption, regardless of your health status.
Under a DPOA, you can grant your agent a wide range of powers, including:
- Managing your financial assets
- Making investment decisions
- Handling real estate transactions
- Dealing with government agencies, like the IRS
This broad authority helps ensure that someone you trust is always in charge and ready to act in your best interests.
Texas recognizes two types of durable powers of attorney: immediate and springing. An immediate DPOA takes effect when you sign it, giving your agent the authority immediately. On the other hand, a springing DPOA only activates under circumstances you specify, such as a medical doctor declaring you incapacitated.
By choosing the right type of DPOA for your needs, you can achieve continuity in managing your affairs, providing peace of mind for you and your family.
Medical Power of Attorney
In Texas, a Medical Power of Attorney (MPOA) is a legal document allowing you to appoint someone to make healthcare decisions on your behalf if you cannot do so. This vital estate planning tool ensures that your healthcare preferences are honored, even when you can’t voice them yourself.
With an MPOA, you grant your designated agent the authority to make various medical decisions. These can range from choosing medical treatments and accessing your medical records to deciding on your admission to or discharge from a healthcare facility. Importantly, this agent can also make decisions about palliative care and end-of-life treatment, aligning any medical intervention with your personal values and preferences.
Having an MPOA in Texas is crucial as it places control in the hands of someone you trust, helps prevent family conflicts, and aligns decisions regarding your health with your wishes.
Get Your Estate Planning Started Today
The estate planning documents checklist here covers only the basics. To ensure your plan is comprehensive and tailored to your needs, avoid relying on online documents. Instead, consult a Dallas estate planning lawyer at Staubus, Blankenship, Legere and Walker PLLC, which boasts over a century of combined experience drafting and defending estate planning documents in Dallas and throughout Texas. Contact Staubus, Blankenship, Legere and Walker PLLC online or by calling (214) 833-0100 to experience big-firm benefits in a boutique atmosphere and get personalized, professional attention to every detail of your estate plan.
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