When it comes to child custody arrangements in Texas, it is important to understand the various factors that can influence a custody schedule. One such factor is the age of the children involved. As children grow and develop, their needs and abilities change, and a custody schedule that works well for a young child may not be appropriate for a teenager. Understanding how age impacts child custody schedules can help parents and guardians make informed decisions that prioritize the best interests of the child and ensure a smoother transition for all parties involved. If you are navigating the complexities of child custody in Texas and are seeking guidance on how to create an age-appropriate co-parenting plan, it’s important to consult with a knowledgeable Houston child custody lawyer. Experienced Houston child custody attorney Whitney L. Thompson may be able to help you understand the nuances of Texas custody laws and advocate for a schedule that best meets the needs of your child. Don’t wait any longer to secure the future of your family; contact The Law Office of Whitney L. Thompson today at (281) 214-0173 to discuss your options and develop a plan tailored to your unique situation. Types of Child Custody in TexasIn Texas, child custody is referred to as “conservatorship.” There are two types of conservatorship: joint managing conservatorship (JMC) and sole managing conservatorship (SMC). Joint Managing Conservatorship (JMC) involves both parents sharing the rights, duties, and responsibilities of raising the child. This does not necessarily mean a 50-50 division in terms of time spent with the child, but rather the decision-making process and involvement in the child’s life are balanced. Joint custody is usually preferred by judges in Texas as they believe it is usually in the best interests of the child to have both parents actively participating. Sole Managing Conservatorship (SMC) is when one parent is granted exclusive rights and responsibilities for the child, including making decisions regarding their education, healthcare, and other crucial matters. The non-custodial parent may be granted visitation rights or be required to pay child support. SMC is usually awarded in cases where the other parent poses a risk or danger to the child, such as a history of violence or substance abuse. Factors Influencing Custody DecisionsThere are several factors that a judge will consider when making decisions about child custody in Texas. The primary consideration is the overall best interests of the child. Other factors include:
As mentioned, while these factors can affect the judge’s decision, the ultimate factor for consideration would be what is in the best interests of the child. The child’s well-being is considered paramount in any child custody case. Modifying Child CustodyAs children grow and circumstances change, child custody agreements may need to be modified. In Texas, a parent can file a petition to modify the custody agreement if there has been a material and substantial change in circumstances. The court will consider whether the proposed modification serves the best interests of the child. Some examples of material and substantial changes may include changes in the child’s needs or the parents’ circumstances, such as a parent relocating, a parent’s lifestyle change which may negatively impact the child, or changes in the child’s emotional or physical health. However, modifying child custody can be a challenging process in Texas. It is essential to consult with an experienced family law attorney who can help navigate the legal system and ensure the best outcome for the child. What is Step Up in Texas Parenting Plan?A step-up parenting plan offers a dynamic, evolving visitation arrangement that enables a child to adapt to living in two separate households. Ideal for families seeking to plan ahead and ease the child’s transition, this type of plan is often employed in cases involving:
Factors such as the child’s age, their relationship with the noncustodial parent, and the noncustodial parent’s conduct determine the specifics of the plan. Key Aspects of Step-Up Parenting PlansThe step-up parenting plan guarantees an increase in the noncustodial parent’s parenting time, contingent upon meeting the specified criteria. These criteria may consist of passing drug tests or attending counseling sessions, and the child must feel at ease with the noncustodial parent. Any unwarranted interference from the custodial parent breaches the court order. The plan aims to establish a consistent schedule that lasts until the child reaches 18 years old. Advantages of Implementing a Step-Up Parenting Plan:
2-2-3 Custody ScheduleThe 2-2-3 visitation schedule is a popular choice for parents seeking consistent interaction with their children. This schedule allows for equal time with each parent throughout the week. In a 2-2-3 schedule, the children live with one parent for two days, then switch to the other parent for the next two days, and finally return to the first parent for the remaining three days of the week. This rotation continues, alternating each week. The schedule can be customized to fit individual needs, such as exchanging parenting duties during the day or adjusting pickup times. Benefits of a 2-2-3 schedule include:
However, a 2-2-3 schedule may not be suitable for every couple. Some drawbacks include:
A 2-2-3 visitation schedule can be a beneficial option for parents seeking consistent interaction with their children. However, it’s important to consider the specific needs and circumstances of your family before deciding on a custody arrangement. If you’re facing child custody issues or need guidance on creating a suitable visitation schedule, it may be helpful to consult with a skilled child custody lawyer. At The Law Office of Whitney L. Thompson, Houston child custody lawyer Whitney L. Thompson and our team of legal professionals may be able to provide advice and support to ensure the best interests of your children are protected. Contact us today at (281) 214-0173 to schedule a consultation. Child Custody Schedules by Age: Infants (0-1 Years)Creating a child custody schedule for an infant can be a challenging task, as infants have specific needs that should be addressed when designing the schedule. A consistent caregiving routine is crucial for the infant’s healthy development and bonding with both parents. Infants thrive on routine and predictability, as they are still adapting to the world around them. Consistency in their caregiving environment helps them feel safe and secure. This is important for their overall well-being, as having a sense of safety allows them to focus on other developmental tasks, such as learning and socializing. A consistent routine also allows both parents to establish a bond with their child. Building a strong emotional connection is essential in the child’s first year, as it sets the foundation for the parent-child relationship moving forward. Additionally, having a routine enables parents to monitor their infant’s growth and development closely, identify any milestone delays or issues, and seek early intervention when needed. Inconsistent routines can make it difficult to detect patterns or red flags that might otherwise be more apparent. Overnights and VisitationsOvernight stays can be a sensitive subject when dealing with infants, as their sleep patterns are still developing, and they may have difficulty adjusting to different environments. Each family must make decisions regarding overnights based on their specific circumstances and the infant’s needs. In some cases, having the infant stay overnight with the non-custodial parent may be beneficial for bonding and maintaining consistency. In other situations, having visitations without overnights may be more appropriate until the infant is better able to adapt to the changes. When agreeing on visitation times, it is essential to consider the infant’s feeding and sleeping schedule, ensuring that both parents are informed about and adhere to these routines. Accommodating Evolving Schedules as Infants GrowAs infants grow and reach developmental milestones, their needs and schedules are likely to change. It is important for parents to understand that the initial custody schedule may need adjustments to accommodate these changes. For example, as infants become more mobile and interactive, they may benefit from longer periods with each parent to promote bonding and development. Parents should commit to maintaining ongoing communication about the infant’s needs and any changes in the infant’s schedule. As the infant grows, the parents should work together to adapt and refine the custody schedule to ensure it continues to meet the child’s best interests. By focusing on maintaining a consistent caregiving environment and promoting strong relationships with both parents, a well-designed custody schedule can help ensure the infant’s well-being during this important stage of their life. Child Custody Schedules by Age: Toddlers (1-3 Years)When creating a child custody schedule for toddlers aged 1-3 years, it is essential to consider their developmental milestones and requirements. Toddlers in this age range undergo rapid growth and development in various areas, such as motor skills, cognitive abilities, and emotional regulation. Therefore, it is crucial to ensure that the custody arrangement promotes a stable and nurturing environment to support these developmental needs. The primary developmental considerations for toddlers include:
Considerations for Changes in Caregiving ConsistencyWhen creating or adjusting a child custody schedule for toddlers, it is crucial to consider how changes will impact caregiving consistency. Children in this age group need predictability and stability to feel safe and secure, which is why consistent routines and caregiving practices are essential. Keep the following considerations in mind:
Child Custody Schedules by Age: Preschoolers (3-5 Years)When creating a child custody schedule for preschoolers aged 3 to 5 years, it is important to consider their developmental needs. At this age, children are rapidly developing in various aspects, including cognitive, emotional, social, and physical growth. As preschoolers transition from the toddler years, they gain a better understanding of their environment and actively engage in activities requiring problem-solving and cooperation with others. Consistency and structure are essential for preschoolers as predictable routines help foster a sense of security and stability. Preschool-aged children also require nurturing relationships with both parents, as this is a crucial period for establishing trust and attachment. When developing a custody schedule, consider the following factors:
Adjusting Schedules for Pre-Kindergarten Activities and EventsAs your preschooler engages in various pre-kindergarten activities, such as playdates, extracurricular classes, or special events, it is essential to adapt the custody schedule accordingly. Here are some suggestions for handling these situations:
Remember that creating a workable custody schedule for preschoolers involves prioritizing their developmental needs, maintaining consistency, and being flexible to adapt to your child’s ever-changing lifestyle. Child Custody Schedules by Age: Elementary School-age (6-10 Years)Creating a child custody schedule for elementary school-age children requires factoring in academic needs and extracurricular activities alongside family time and parental involvement. In this section, we will discuss how to create a balanced schedule that takes into consideration academic and extracurricular activities, suggest some sample schedules for this age group, advise on how to maintain consistency during school breaks and holidays, and provide tips for planning for unexpected schedule changes. Maintaining Consistency During School Breaks and HolidaysSchool breaks and holidays require adaptations to custody schedules to maintain consistent support for the child. Parents should consider:
Planning for Unexpected Schedule ChangesLife is full of unexpected events, so parents must be prepared to adapt custody schedules in response to unforeseen circumstances. To manage unexpected changes such as illness or family events:
Creating a balanced custody schedule for elementary school-age children requires communication, flexibility, and a shared commitment to prioritizing the child’s academic and emotional well-being. By keeping the child’s needs and activities in mind and working together as co-parents, both parents can support their child’s growth and development during this important stage of life.
Child Custody Schedules by Age: Adolescents (11-13 Years)When designing a child custody schedule for adolescents aged 11 to 13 years, it is essential to consider their evolving social and academic needs. This stage of development is marked by significant changes in a child’s life, including new peer groups, school responsibilities, and extracurricular activities, all of which can shape their overall well-being. For adolescents, consistency and routine are vital, particularly as they navigate their ever-growing academic workload. Therefore, custody schedules should allow ample opportunity for homework, study time, and participation in extracurricular activities, ensuring that the child’s education is not disrupted during this already challenging period. Additionally, adolescents are at an age where their friendships and social lives begin to play a more significant role in their development. Custodial parents should consider this when creating their schedules, providing opportunities for the child to maintain key social connections, whether it be through weekend playdates, after-school activities, or regular communication with friends via social media or other means. Communication and Decision-Making with Older ChildrenAs children grow into adolescence, their opinions and preferences should be taken into account when it comes to their custody schedule. While parents ultimately have final decision-making authority, adolescents should be given an opportunity to express their concerns, priorities, and desires. Involving your child in the decision-making process can provide valuable insight and help tailor the custody arrangement to their unique needs. However, it is essential to avoid placing undue burden on the child to make the final decision or to take sides between parents. Clear communication, collaboration, and a focus on the child’s best interests remain paramount when adjusting a custody schedule to adolescents’ changing needs. Considering the Child’s Preferences in Custody SchedulesAs children enter their adolescent years, their preferences and opinions on custody arrangements may become more relevant. Some states even consider the child’s preferences when making custody decisions in court. However, it is essential to remember that the child’s well-being and best interests should always be the central focus. When considering an adolescent’s preferences in a custody schedule, parents should evaluate whether these preferences align with the child’s best interests. Factors to consider include the child’s emotional and mental health, the stability of each parent’s living situation, and the quality of the relationships between the child and each parent. Above all, crafting a custody schedule in the adolescent years requires ongoing communication and flexibility, as the needs of both children and parents will inevitably continue to evolve over time. Child Custody Schedules by Age: Teenagers (14-17 Years)Child custody schedules for teenagers aged 14 to 17 years should take into account the unique developmental and emotional needs of adolescents. This stage of life is characterized by rapid physical, cognitive, and social growth, as well as the development of personal identity and increasing independence. As such, it is essential to create a custody schedule that respects these needs while maintaining a strong connection with both parents. Allowing for Greater Autonomy and Decision-MakingOne of the most important aspects of custody schedules for teenagers is to allow for greater autonomy and decision-making. At this age, young people are developing a stronger sense of self and want to have more control over their lives. They should be given more opportunities to voice their opinions and preferences regarding the custody schedule, as their input can lead to more satisfactory arrangements for all parties involved. The custody schedule should be flexible and adaptable, providing opportunities for the teenager to participate in activities and events that are important to them. In some cases, this may mean adjusting the schedule on a regular basis to accommodate sports, hobbies, or social gatherings. Encouraging open communication between the teenager and both parents can help ensure that the needs of the adolescent are respected within the custody arrangement. Maintaining Parental Involvement in Extracurricular ActivitiesTeenagers often become more involved in extracurricular activities, such as sports, clubs, or volunteering. Both parents need to remain involved in these activities, as parental support and encouragement can contribute positively to the adolescent’s development and self-esteem. Parents should communicate regularly about the teenager’s schedule and make an effort to attend events together, if possible. When this is not feasible, parents can alternate attendance, ensuring that both remain engaged in their child’s interests. How a Skilled Houston Child Custody Lawyer Can HelpCreating an effective child custody schedule that takes into account the age of the children involved is crucial to ensuring their well-being and maintaining a positive co-parenting relationship. It is essential to recognize that as children grow, their needs and schedules evolve, requiring parents to adapt their custody arrangements accordingly. Keeping the lines of communication open and being flexible can greatly contribute to a successful co-parenting experience and foster a stable environment for the child. If you need assistance in crafting a suitable child custody schedule or modifying an existing one, it is in your best interest to consult with a Houston child custody lawyer. At The Law Office of Whitney L. Thompson, our team may be able to help you navigate the process and achieve an outcome that serves the best interests of your child. Don’t hesitate to secure the support and guidance you need; contact us today at (281) 214-0173 and take the first step towards a brighter future for your family. Via https://www.wthompsonlaw.com/child-custody-schedules-by-age-in-texas/
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In Texas, the probate process can seem like a daunting and confusing experience for many individuals dealing with the aftermath of a loved one’s passing. The primary concern for most is understanding whether to probate with a will or without in Texas. This article aims to provide clarity on this important question and shed light on the various factors that determine whether a will needs to be probated. If you’re currently dealing with estate matters and need legal guidance, consulting a knowledgeable Houston probate lawyer can provide invaluable assistance in creating a living will, avoiding the probate process, and more. At The Law Office of Whitney L. Thompson, our team of skilled Houston probate attorneys may be able to help you navigate the complex legal landscape. Contact us today at (281) 214-0173 to discuss your unique situation. Overview of Probate in TexasProbate is the legal process of administering the estate of a deceased person to ensure that their property and assets are distributed according to their will or, in the absence of a will, according to Texas intestate succession laws. The probate process includes validating the will, if one exists, and distributing the estate, after addressing any debts, taxes, or other outstanding issues. This article will provide an overview of the probate process in Texas, including its definition, purpose, and key steps in the process. Purpose of ProbateThe purpose of probate is to ensure that the deceased person’s estate is properly administered, that outstanding debts and taxes are paid and that the remaining assets are distributed to the rightful beneficiaries or heirs. Probate safeguards the rights of the deceased person’s creditors and beneficiaries and provides an organized and transparent process for resolving claims against the estate. Probate also serves to validate a will, if one exists. A will must typically be submitted to the probate court within four years of the testator’s death, and the court will determine if it is a valid legal document through an evidentiary hearing. If the will is found to be valid, the court will then authorize the named executor (or an appointed administrator if there is no will) to carry out the terms of the will. Probate Process in TexasThe primary purpose of the probate process is to streamline the transfer of a deceased individual’s assets, while also safeguarding the rights of beneficiaries and creditors with a stake in the estate. In Texas, this legal procedure is overseen by the state’s Probate Courts. Generally, the probate process in Texas can be broken down into the following steps:
To initiate probate proceedings, you need to submit a probate application to the relevant county court in Texas.
In accordance with Texas law, it is necessary to publish a notice of the probate application at the courthouse. This notice serves as an alert to potential creditors, beneficiaries, and other interested parties about the pending probate. Following the publication, there is a waiting period of two weeks before a hearing can be held.
After the designated waiting period, a probate judge in Texas will preside over a hearing to formally recognize the passing of the decedent. As part of this procedure, the probate judge will be responsible for validating the decedent’s will, or if there is no will, designating an administrator or verifying the appointed executor.
An inventory of estate property and a list of claims against the estate to the court must be submitted. The executor or administrator is responsible for compiling this information and submitting it to the court, usually within 90 days of appointment.
If there is a valid will, beneficiaries will be notified by the executor. If not, a Texas probate attorney can help interested parties file a proceeding to determine heirship. All heirs must sign the application or be served with it. If there are unknown heirs, notices must be posted. All applicants must prove the details in the application through testimony. Heirs, creditors, or representatives of the deceased can initiate the proceedings.
The executor of the estate informs creditors of the decedent’s passing and allows them to submit claims against the estate. In Texas, it is legally possible to provide notice to creditors by publishing a notice in the local newspaper.
To finalize an estate in Texas, any disputes over a will by family members or beneficiaries must be resolved in probate court. Contesting a will must be done within two years of the original probate, and a legal representative is necessary to guide the process. The contesting party must prove the will is invalid, and there are various ways to do so, including proving forgery or excessive influence. Mediation is often recommended to settle disputes before they reach court.
Once debts are settled and disputes are resolved, the remaining assets are distributed among the beneficiaries. Before undertaking any probate process, it’s advisable to seek the help of a skilled Texas probate lawyer to ensure that the necessary steps are followed correctly and that the rights and responsibilities of all parties involved are protected. Call The Law Office of Whitney L. Thompson today to learn more about how we can help. Types of Wills in TexasA will is a legal document that outlines how an individual’s property and assets should be distributed after their death. In Texas, there are three main types of wills recognized by the state’s probate courts: holographic wills, formal or attested wills, and nuncupative wills. Each type serves a different purpose or situation, and it is vital to understand the distinctions, requirements, and limitations of each type to properly decide which one is best suited for your specific needs. Holographic WillsA holographic will, also known as a handwritten will, is a will that is entirely written, dated, and signed in the testator’s (the person making the will) handwriting. This type of will does not require a witness, and as long as it satisfies the requirements listed above, it will be considered valid in Texas. However, a holographic will does not work well for complex situations, such as large estates or blended families. Its purpose is to serve testators with relatively simple and straightforward financial situations, who desire a quick and inexpensive method to outline their final instructions. Formal or Attested WillsA formal or attested will is the most common type of will used in Texas. This type of will requires the testator to sign the document in the presence of at least two witnesses, who must also sign the will. To enhance the validity of a formal will in Texas, it is also recommended to include a self-proving affidavit, which is a sworn statement by the testator and the witnesses stating that they met all the legal requirements when executing the will. Formal or attested wills are more suitable for complex estates or situations that require special provisions, such as trusts or guardianships for minor children. Nuncupative WillsNuncupative wills, or oral wills, are the least common and most limited type of will recognized in Texas. This type of will can only be used under specific circumstances, such as when a person is on their deathbed, or in imminent peril of death, and is unable to create a written will. The person must communicate their wishes to at least three credible witnesses, who later testify in court to the statements made by the testator. However, as of September 1st, 2017, oral wills are no longer valid in Texas, regardless of the circumstances. According to Texas Estates Code § 251.051, a will must be written and signed by the testator. Alternatives to Probate in TexasIn some circumstances, there are alternatives to probate in Texas that can save time and resources.
Property Exempt from ProbateProbate is a legal process that occurs after a person’s death to distribute their assets and pay debts. However, not all assets need to go through probate, as there are certain types of property that can pass to beneficiaries without court involvement. Understanding how these assets are treated is essential for anyone involved in the probate process. Non-Probate Assets in TexasNon-probate assets are properties that don’t need to go through the probate process. These properties transfer directly to the beneficiaries without court involvement. In Texas, non-probate assets include:
Community Property in TexasTexas is a community property state, which means that certain property acquired during a marriage is considered to be owned equally by both spouses. In Texas, the following types of property are generally considered community property:
At death, the surviving spouse automatically retains ownership of their one-half interest in the community property without probate. The deceased spouse’s one-half interest may need to go through probate to transfer to the beneficiaries. Joint Tenancy with Right of SurvivorshipIn Texas, when two or more people own property jointly with the right of survivorship, the surviving owner(s) automatically inherit the deceased owner’s share upon their death. The property does not have to go through probate before it is transferred, making this form of ownership an effective way to avoid the probate process. Role of Executors and Administrators in the Probate ProcessThe probate process can be a complex and daunting task for those who are not familiar with it. Executors and administrators play an important role in this process as they are responsible for managing the affairs of a deceased person’s estate. Both executors and administrators have specific duties and responsibilities, which may include managing assets, paying debts and taxes, distributing property to beneficiaries, and ensuring that the wishes of the deceased person are carried out. Understanding the role of executors and administrators in the probate process is crucial for anyone who may be involved in managing the affairs of a deceased person’s estate. Executor Duties:When you pass away, the executor of your will is the individual you designate to carry out your desires. If you have a legally recognized will at the time of your death, a judge will authorize the executor you have identified to take action on your behalf. This may entail settling any unpaid debts with the funds remaining from your estate, dividing your assets and money among your beneficiaries, and other tasks. Administrator Duties:If an individual passes away without leaving behind a Last Will and Testament, the Probate Court in Texas will assign an administrator as per the Texas Estate Code. The appointed administrator assumes the responsibility of managing the estate and has a fiduciary obligation towards it. This entails overseeing tasks such as gathering the estate’s assets, clearing any outstanding debts and taxes, and equitably allocating the estate’s resources. Additionally, the administrator must prioritize the beneficiaries’ and estate’s best interests while fulfilling their duties, placing them ahead of their own interests. Consequences of Avoiding ProbateWhile avoiding probate can save time and reduce expenses, there are also potential consequences that should be considered.
Overall, while avoiding probate can offer significant benefits in terms of time and expense savings, it is essential to carefully evaluate the potential consequences and consult with an experienced Houston estate planning attorney to determine the best course of action for your specific circumstances. Role of Probate Courts in TexasProbate courts in Texas are dedicated courts established to administer the probate process, including the validation of wills, administration of estates, the appointment of estate representatives, probate litigation, and guardianship matters. Some of the key duties of probate courts in Texas include:
Choosing a Skilled Probate Lawyer in TexasNavigating the complex process of probate can be overwhelming, particularly during the emotional time following the loss of a loved one. In Texas, having a skilled probate lawyer by your side can make all the difference in ensuring that your loved one’s estate is distributed efficiently and in accordance with their wishes. When seeking a competent probate attorney, it is important to consider factors such as experience, communication skills, and reputation in order to make the best decision for your family’s needs. At The Law Office of Whitney L. Thompson, our team of experienced Houston probate lawyers are dedicated to providing compassionate and comprehensive legal guidance throughout the entire probate process. With years of experience in handling a wide range of probate cases, our attorneys possess the knowledge necessary to handle even the most complex estates. Contact us today at (281) 214-0173 to schedule a consultation. Via https://www.wthompsonlaw.com/does-a-will-have-to-be-probated-in-texas/ When an individual dies and they haven’t transferred their property through a Trust, joint ownership with a right of survivorship, or direct payments to beneficiaries (like insurance policies or retirement accounts), then the property in Texas will go through the probate process for distribution. A court-appointed personal representative would become responsible for settling the deceased’s affairs and probate assets they may have. This representative can be either an executor or an administrator, both of whom are considered personal representatives and have comparable duties. The duties of the personal representative include collecting and doing an inventory of the decedent’s assets, managing them during the administration process, paying the debts owed to creditors and tax collectors, and finally distributing the remaining assets to the beneficiaries. When you become the executor of an estate, it’s recommended to seek the assistance of a Houston probate attorney. The responsibilities that come with managing an estate can be overwhelming. A skilled lawyer may be able to help you understand the probate process and help you settle an estate without a will. Call the Law Office of Whitney L. Thompson today at (281) 214-0173 to schedule a consultation. Differences Between an Executor and an AdministratorWhether someone is an executor or administrator is determined by whether they were named in a valid will. The roles of executors and administrators both involve managing the estate and assets of a deceased person, and they generally share the same rights and responsibilities. ExecutorAn executor is named in a last will and testament to administer the estate of the deceased. Their primary responsibility is to safeguard the estate and distribute it to the rightful heirs in accordance with the will. This can involve several tasks, such as identifying and preserving the assets of the decedent, settling outstanding debts and taxes, and distributing the estate as per the terms of the will. In cases where the estate cannot be fully distributed according to the will, the executor must identify the existing heirs and distribute the remaining assets. While the process may be straightforward for simple estates and wills, it can be quite complex for others. An executor may need to divide property or locate missing assets, sell off assets to pay debts or taxes or deal with challenges to the will. The most significant challenge, however, is ensuring that the estate is distributed in accordance with the will especially if the will is complicated or sets conditions for the heirs. Executors are entitled to receive compensation for their work, which is usually specified in the will. In the absence of any such provisions, state law may provide for statutorily approved rates of compensation. AdministratorAn administrator is responsible for managing the assets of a deceased person and ensuring that they are distributed to the rightful heirs. The two roles – an executor and an administrator – bear a critical distinction. When an individual passes away without a will, also referred to as dying intestate, the probate court designates an administrator, given that no executor can be identified without a will. An administrator is responsible for a range of duties, such as assembling the estate’s assets, settling outstanding debts, and equitably dispensing the remaining assets among the lawful beneficiaries. However, due to the lack of a will to adhere, an administrator’s actions must be guided by statutory regulations. Their primary responsibility is to locate any potential heirs, which can be challenging since some may not know that their relative has passed away or may not have been in contact. After identifying potential heirs, the administrator must ascertain their lawful entitlement to the estate and allocate the assets accordingly. The administrator also bears the responsibility of defending any challenges to the inheritance. Similar to an executor, the administrator is entitled to receive reasonable compensation for their services, but the payment scheme varies across different states. Requirements to Become an Executor or Administrator in TexasEvery state has regulations that restrict who is eligible to serve as the executor of an estate, as this role involves a significant amount of legal responsibility. In Texas, an individual must meet the following criteria to be qualified as an executor:
Additionally, the court has the authority to declare an individual unsuitable to serve as an executor based on the unique facts and circumstances of the case. Individuals who are incapacitated, convicted felons, nonresidents of Texas without a designated resident agent for legal proceedings related to the estate, corporations without a designated agent in Texas, or individuals deemed unsuitable by the court are ineligible for appointment as administrators of the estate. Are there Restrictions on Becoming an Out-of-State Executor?Executors residing outside of Texas are not legally prohibited from serving as estate executors. However, it is advisable for an executor to reside in close proximity to the estate due to the practical considerations of handling legal and financial affairs in-person, which may extend over a period of time. If the executor does not reside in Texas, they must designate an in-state agent who can accept legal documents on behalf of the estate. Speak to an Experienced Texas Probate Attorney TodayWhen a person falls ill or dies unexpectedly, it can be extremely upsetting for the entire family. Dealing with the loss of a loved one is already a difficult task and managing their affairs can make it more challenging. However, by creating a comprehensive estate plan, you can alleviate the burden on your family and ensure that your affairs are handled smoothly and accurately, minimizing the stress and uncertainty that they might otherwise face. If you are the executor of an estate, it is also important to seek the help of an experienced probate lawyer in Texas. A skilled attorney may be able to help you through the probate process and provide the legal advice you may need. Contact the Law Office of Whitney L. Thompson today at (281) 214-0173 to schedule a consultation. Via https://www.wthompsonlaw.com/what-is-the-difference-between-an-executor-and-an-administrator/ Living in the time of a pandemic makes you consider whether anyone is really safe. While the elderly and those with weakened immune systems are especially vulnerable to the coronavirus, you never know how your body will handle it. As a Houston estate planning attorney, the first thing I think about is how so many families right now have had to make difficult healthcare decisions for loved ones who are incapacitated because of this terrible disease. I also think about how everyone can make things easier for their families by including a simple document called a living will in their estate plans. Whether you’re a millennial who is just starting a family or someone who has accumulated significant assets over your lifetime, it is important to start your estate planning today. A skilled lawyer may be able to help you plan for the future of your loved ones more efficiently. If you are not sure whether the time is right to create a living will, here are three reasons that you definitely need one ASAP. Living Wills: ExplainedLiving wills are legal documents that allow an individual to express their wishes regarding end-of-life medical care. A Living Will, unlike a regular will, is in effect while the individual is alive and is null after the individual passes away. The Living Will can be used to cover a variety of medical treatment options and specify which one the individual would prefer and which ones they would not want to have. Although most Living Wills include palliative care for pain relief and other treatment options, each person must consider whether they prefer to receive any other types of treatment. A living will also need to address the issue of “extraordinary care”, which is any medical treatment that an individual considers more than their preferred level. Living Wills are often used to specify preferences regarding life support and resuscitation as well as other life-sustaining procedures. Speaking to an experienced Houston estate planning lawyer may be able to help you plan for the future of your loved ones more efficiently. A skilled attorney may be able to explain how a Living Will can work for you. To schedule a consultation, contact the Law Office of Whitney L. Thompson today. Having a Living Will Protects Your Wishes in an EmergencyThe primary reason for having a living will is to guide your family and your doctors in case you lose the ability to communicate. A probate and estate attorney can help you draft the document so that it covers as many different scenarios as you want. While we don’t usually want to think about it, anything can happen at any time to anyone. It’s best to make your wishes known and to make them legally enforceable. Having a Living Will Can Reduce Hospital Costs for Your FamilyOne scenario in which a living will is essential is if, for some reason, you go into a coma or vegetative state. It may not seem right to weigh the cost of keeping someone alive in such a situation, but this is a reality for many families who have loved ones who are in this situation. The hospital and healthcare costs associated with life support and round-the-clock care can grow to unmanageable proportions. With a living will, you can stipulate exactly what you want to happen if you are incapacitated, thus taking the burden of this difficult decision from your loved ones. Having a Living Will Can Prevent Arguments between Family MembersDisagreement between family members is common when a loved one is incapacitated. I’ve seen it plenty of times as a probate and estate attorney. It’s understandable—they are making what could be a life-and-death decision about someone they love. If you were in that situation, you would probably fight for what you think is right, and that’s not always going to line up with what others in your family think is best. If you want to save your family the stress of having to an impossible decision about your care when they should be focusing on coming together to weather the storm, you need a living will as part of your estate plan. Get Help from a Probate and Estate Attorney TodayIf you need help with your estate plan, I’m here to help. Contact me today so that we can discuss your needs. Via https://www.wthompsonlaw.com/3-reasons-you-need-a-living-will-according-to-a-probate-and-estate-attorney/ In my work as a Houston estate planning attorney, I meet with a lot of people who have different legal needs. What I’ve discovered, however, is that most non-attorneys (and some attorneys who don’t focus on estate planning) have something in common—they don’t understand what estate planning is or what it can do for them. Part of my mission is to change that. You see, most people who are not estate planning professionals believe in one or more myths about this area of law, myths that have been circulating practically since estate plans became a thing. However, a comprehensive estate plan can be very helpful especially when it comes to avoiding probate problems in the future. To do my part in dispelling some of these misconceptions about my area of expertise, I now present you with four myths about estate planning that you should stop believing right now. I Have to Be Filthy Rich to Have an Estate PlanOne of the most pernicious myths about estate law is that planning is only for the super-wealthy. This assumption couldn’t be further from reality. Anyone who owns assets or property—no matter how much they are worth—can benefit from estate planning. If you want your property to pass on to the right people, you should have a plan. Besides, estate law covers much more than finances and asset distribution. It is also essential for planning for the worst. For instance, if you are incapacitated, do you know who will be making those life-and-death decisions for you? A Will Is Enough to Protect My InterestsHaving a will is a great first step in estate planning. For some people, having a will is enough to take care of their needs. Their last will and testament will pass through probate and distribute their assets to their beneficiaries. However, some assets—such as life insurance policies and retirement accounts—do not fall under a will’s purview. Instead, these assets go directly to their designated beneficiaries. In addition to a will, you should talk to your estate planning attorney about whether creating a trust is in your best interest. I Can Create My Own Estate PlanWhile DIY might be appropriate for saving money on home renovations, you should never try to create your own estate plan. Without years of education and knowledge of federal and state laws, you are not going to be able to navigate the ins and outs of the process. Sure, maybe you will create a plan that fits your needs, but are you willing to stake your money in it? Are you willing to bet your peace of mind on chance? I Never Need to Update My Estate PlanLife isn’t static, and your estate plan shouldn’t be, either. Things change. Wealth grows. People get married or divorced. Loved ones die. Tax laws change. Nothing about life is set in stone, so you need to make sure that you review your plan at least once a year. The Importance of Having a Comprehensive Estate PlanEstate planning involves establishing a strategy on how to divide your property upon your death. Planning your estate often involves deciding who will manage your financial and medical affairs in the event that you are unable to make important decisions. An estate plan is a document that outlines how you want your possessions to be handled after you pass away. If you don’t specify that your property will go to your spouse after your death, Texas probate laws will apply. Without the assistance of an estate planning attorney, such a proceeding could be extremely tedious. To save money and time, avoiding probate is something you and your lawyer should strive to achieve. An estate plan can also be used as a safety net. It can help preserve the value of your assets, reduces disbursement waiting periods, and ensures that the legacy you want is fulfilled. You can choose who gets your possessions. By writing a will, you can identify your assets and beneficiaries. You can also choose who will make your decisions by creating an estate plan. A comprehensive estate plan often includes a durable power-of-attorney form and a Healthcare proxy form. These are two crucial legal forms that will ensure your plan is executed as you intended. If you are unable to speak for yourself, a durable power of attorney allows someone to make financial and legal decisions on your behalf. Healthcare proxy forms allow someone to make healthcare decisions on your behalf, based on your wishes. There are many different estate planning tools that you can explore with an experienced estate planning lawyer. A skilled lawyer can help you understand these tools and help you choose what is best for you and your family. Contact us today to schedule a consultation. Contact an Estate Planning Attorney Who Understands Your NeedsI take the time to get to know my clients so that I can better understand what they need to protect themselves and their families. Talk to me today if you want to discuss your estate plan. Via https://www.wthompsonlaw.com/4-toxic-myths-your-estate-planning-attorney-wants-you-to-stop-trusting/ When I discuss the importance of an estate plan with clients, it is usually due to several probate problems your loved ones are likely to face in the aftermath of your death. While going through probate court to distribute assets is a lengthy, time-consuming process altogether, that is not the only reason you should take steps to avoid probate. Speaking to an experienced Houston estate planning lawyer may be able to help you understand your role and responsibilities when it comes to the probate process and how a comprehensive estate plan can help provide you and your family peace of mind. To speak with an experienced Houston attorney about the importance of having an estate plan, contact the Law Office of Whitney L. Thompson today. Starting Your Estate PlanA last will and testament is often the first thing people start with when they plan their estate. A person who dies without a will is considered to have died intestate. This means that their estate is probated when they pass away. The courts will decide how the assets of the deceased are distributed to their heirs, based on Texas’s intestacy laws. The probate process may apply to titled property (such as a car or real estate), personal property, and financial holdings that are not payable on death. Without a will, the probate process can be lengthy and expensive. A will can make the probate process easier and less costly for your heirs. A will can help you:
In estate planning, trusts and powers-of-attorney are often recommended as part of the valuable tools a client can have. There are many types of trusts available, including living, charitable and special needs trusts. Trusts can help limit the amount of your estate that is subject to probate and even reduce your tax liability. You can use powers of attorney to name someone to act and make important decisions on your behalf when you become unable to decide on your own. Contact a skilled estate planning lawyer right away if you want to learn more about estate planning in Texas. 5 Probate Problems You Can Avoid with an Estate Plan#1: Someone Contests the WillIn Texas, a person can contest a will for up to two years after it is admitted to probate court. When a person contests a will, they challenge the terms within the document. For instance, if they feel that they have been excluded unfairly from an inheritance or that the will was executed improperly, then they may bring these issues up to the court. For the heirs and beneficiaries already included in the will, it may be frustrating to deal with this problem when it comes up. When this legal issue is not resolved as soon as possible, it may drag proceedings out for even longer. #2: Heirs Disagree Over Joint InheritancesIf you leave an inheritance to multiple people, that asset can quickly become a source of disagreement among your heirs, especially when it comes to large assets like real estate. In many cases, they may argue over which share of the property is theirs or heavily disagree on what they should do with the inheritance. Unfortunately, these relationships can deteriorate rapidly due to rancor or resentment. #3: A Will Includes International PropertyWhen leaving international property to your heirs, probate problems can multiply. Distributing this asset can quickly become complicated since you must consider laws in different countries. Your heirs may need to pay double the estate taxes, depending on whether the second country requires it. A similarly complicated situation is one in which you leave property to relatives outside of the United States. #4: Will Executors Cannot Find Certain AssetsThere are times when the executor of a will cannot track down assets that an individual named in their will. If these assets cannot be found, then they cannot be transferred to heirs and beneficiaries. This issue certainly places a dent in court proceedings as it can take time to recover those lost assets. #5: Probate Court May Get ExpensiveExecutors, administrators, and guardians will often need to pay for an attorney to represent them in probate court. Executors, in particular, have a duty to represent all heirs and beneficiaries named in a will. That is why if you are applying for letters of administration and determinations of heirship, for example, you will need to hire a licensed lawyer. Depending on how involved your attorney needs to be, you may end up paying a significant amount. Provide Your Family with Peace of MindAs you can imagine, these issues often quickly tear families apart. Not only are probate problems expensive, but they also take years to resolve—even when an estate is modest. Help your family avoid probate after your passing and form an estate plan before it is too late. A skilled estate planning attorney in Texas can guide you down the right path. They can help you understand the importance of having an estate plan in place. Book a consultation with Whitney L. Thompson, Esq. at (281) 214-0173 today. Via https://www.wthompsonlaw.com/5-probate-problems-you-can-avoid-with-a-proper-estate-plan/ The last thing you want to worry about is what will happen to your family and estate when you pass. Maybe you have been concerned about this idea for a while or maybe it is a passing thought you have never considered deeply. If you are looking for an experienced Houston estate planning lawyer to consult with about estate planning, here are a few things you should know. What Can An Estate Plan Do For You?Proverbs 13:22 says, “A good man leaves an inheritance to his children’s children.” (NKJV) The most significant gift an estate plan can give you and your family is peace. Regardless of how many assets you possess, small or large, an estate plan can give you peace of mind this holiday season. After you pass, there will be no confusion about who receives your assets or what your final wishes are. Your loved ones will stay out of financial distress since you planned out inheritances or designated trusts. If you keep your estate plan updated regularly, your assets will not go to those who you do not want to receive them. Without an estate plan, your assets are subject to passing according to the laws of intestacy. If you want to be in control of how your assets are distributed, it is important to discuss your options with an estate planning attorney. Litigation and discord are financially draining to an estate and detrimental to the welfare of families. No one wants to leave their family in disarray due to poor planning or failure to plan. What Comes with Your Plan?There are several essential components to an estate plan. Depending on how your needs change or how your relationships evolve, you may decide to update them later on. If you get married or divorced, for instance, you will likely need to make revisions. Regardless of what stage of life you are at, here are just a few cornerstones of a comprehensive estate plan. #1: Formal WillYour will is largely responsible for ensuring your preferred asset distribution. You get to name who will receive your money and belongings as well as how much they will get. You also get to appoint an executor who will ensure your belongings are distributed the way you wanted them to be. Additionally, you can name the guardians of any minor children. #2: TrustsSimilar to a will, trusts designate who will manage your money, property, and belongings. However, they differ in that you are in charge of your living trust when you are alive. If you only include a will in your estate plan, your family will need to go to probate court to follow the plans laid out. Trusts do not require such obstacles — they are effective immediately. There are also trusts known as testamentary trusts that can be established within your will and funded upon your death. #3: Power of AttorneyDesignating someone as your power of attorney means they can make decisions for you if you are incapacitated. Financial and healthcare powers of attorney will make all choices for you concerning finances or medical decisions. We help you ensure that you appoint trusted individuals who know precisely what your wishes are. #4: End-of-Life PlanningThere may come a time when you need additional care after an accident or illness. Your condition may require you to live out the rest of your life in an assisted living facility, nursing home, or hospice care. Your estate plan is where you lay out those end-of-life wishes and the funds to pay for any facilities you choose to go to. Life Insurance and Estate PlanningAlthough life insurance can be used for estate planning in many different ways, it is most often used to provide financial support for loved ones. Life insurance policies often are able to provide funds immediately upon your passing to your loved ones to cover lost income, pay funeral costs and settle any outstanding debts. These policies are often exempted from the same taxes as your estate is subject to after your death. Families often use life insurance funds to pay federal estate taxes. This is especially true if assets are not distributed in a timely manner. As a means to divide the ownership of a family company, life insurance is often used in Estate Planning. Many business owners purchase whole life insurance policies that specify how ownership will be divided upon their death. Each person can decide whether to sell their share or keep it if ownership is divided among their heirs. These policies are designed to facilitate smooth ownership transitions and maintain business operations in case of death. Speaking to an experienced estate planning lawyer may be helpful if you want to learn more about how life insurance can be incorporated into your estate plan. Contact us today to schedule a consultation. Ready to Form an Estate Plan?A comprehensive estate plan is an important tool to protect your legacy for your loved one’s future. It can also help your loved ones avoid probate problems in the event you pass away. Get the benefit and expertise of an attorney seasoned in estate planning. Schedule a consultation at the Law Office of Whitney L. Thompson, PLLC, today. Via https://www.wthompsonlaw.com/an-estate-plan-is-the-gift-of-peace-of-mind/ Telling your kids that you’re getting a divorce is one of the most difficult conversations you can have, but doing it right can put your family on the path to healing quicker. Your children will most likely remember how you handle it for the rest of their lives. There is no perfect or easy way to do it, but it’s important to try to do it with as much compassion and emotional support as possible. These tips from a reputable Texas divorce lawyer might help to soften the blow. Get Yourself and Your Spouse on the Same PageWhen it comes time to tell your kids about your divorce, it’s critical to appear united in the decision. This conversation is about your children. It is about giving them support and safeguarding their emotional well-being. Even if you or your spouse is against the decision, for this conversation you should make it seem like the choice is mutual. Use language that demonstrates this to them—words like “we” and “our” are integral to showing them that even though you are divorcing you can still work together and be a family. Make Sure the Whole Family Is PresentMany parents feel that this type of conversation is best one-on-one. Each child will react differently, and it’s easier to handle emotions without others present. However, some experts suggest that divorce is best discussed with the entire family. You can follow up with each child afterwards, but the initial conversation is about the family, so it should include the entire family. Plan What You’ll Say and How You’ll Say ItDon’t go into this without planning what you’ll say to your children. Because this is such an important conversation, you don’t want to say something that you will regret. Take some time to come up with a plan, and cooperate with your spouse. Be sure to emphasize that the divorce is not their fault and that you will both love them no matter what. Know That Not Everyone Will React the SameNo two people react the same to their parents telling them they are getting divorced. There could be crying or shouting, anger or grief. Or your child might be more concerned about how the divorce will affect their situation at the moment. For instance, some children will be concerned about whether they will have to change schools or if they can continue to participate in sports. These are natural reactions, as are sadness and anger. You never know how someone will react until you do it. Sometimes the crying comes later after the news has sunk in. The most important thing is to be there for your children and provide them with the support they need. Be Open and HonestThis conversation will probably be the first of many with your kids. As you both adjust to life during and after divorce, it’s good to be open to answering any questions that your children may have. Be as honest with them as possible. If you don’t know the answer to a question, tell them that. How To Protect Children During DivorceThere can be many ways to protect children from the negative effects of divorce. Going through a divorce can have a significant impact on the life of a child. They will have to deal will a lot of changes in the family dynamics such as the fact that one parent will no longer be able to live with them. As much as possible, the parents should work together to ensure that the best interests of their children are being protected. Unfortunately, although most Texas parents want their children to be protected in divorce proceedings, emotional turmoil can often cause a negative impact on the parent’s relationships with their children. This situation can be amended if both parents are willing to put their children’s best interests first. By ensuring their children’s welfare is the top priority, much of the emotional trauma, discord, and guilt children feel after divorce can be avoided or minimized. Avoiding unnecessary hostility towards the other spouse can also help parents to reduce the tension in the environment around their children. This may also help reduce the stress and anxiety that children may feel during the divorce process. The parents should also ensure that they create an agreement or parenting plan that would not disrupt the children’s routine as much as possible. By having an effective visitation schedule, both parents may be able to continue being there for their children and offer them the emotional support they need. Talk to a Texas Divorce Lawyer Who CaresI’m an experienced divorce and estate planning attorney and I’m here to answer any questions that you have about your case. Contact me today so we can discuss your needs. (979) 318-5079 Via https://www.wthompsonlaw.com/texas-divorce-lawyer-how-to-tell-your-kids-youre-getting-a-divorce/ Probate court can be a long, costly, and confusing process. Imagine that one of your loved ones has just died. The last thing that you probably want to do is worry about whether the court is going to distribute their estate properly. That’s why so many people want to avoid probate in Texas. Texas Probate: The ProcessProbate is the legal process by which the court receives a decedent’s Will and Testament. This process allows the court to open an estate and appoint an administrator or executor. At the hearing, the court will determine whether or not the estate is subject to court scrutiny. After the hearing, the court will instruct the executor/administrator to collaborate with the lawyer in order to determine the assets and liabilities of the estate and distribute them to the beneficiaries. The probate process usually begins with the submission of the original will. The court will then seek to validate the will. After the will is deemed valid, the probate court will name someone to manage the estate and supervise the probate proceedings. This role is referred to as the “independent executor”. Most of the time, the executor is named in the original Will. Once an administrator is appointed, they must notify all creditors by providing evidence of the decedent’s death. The administrator will pay all valid claims, and then distribute any remaining property to the beneficiaries, according to the will. In order to understand the probate process better, it is important to speak with an experienced probate attorney. A skilled estate planning lawyer may be able to help you go through the process smoothly and ensure that the estate is distributed according to the Will. Contact the Law Office of Whitney L. Thompson today to speak with an experienced probate lawyer. Want to keep your estate out of court? In Texas, you have a few different options. Joint Ownership of PropertyOne of the benefits of owning property jointly is that when one of the owners passes away, the other doesn’t have to worry about that piece of property going to someone else after probate. The catch is that you have to have “rights of survivorship,” or else the property could be subject to a court decision. Texas has two forms of joint ownership that include these rights—joint tenancy and survivorship community property. Joint tenancy is useful for couples (no marriage necessary) who want to own property together. Real estate, automobiles, bank accounts, and other property can be owned in a joint tenancy. To avoid probate in Texas with a joint tenancy, couples must sign a joint tenancy agreement. Survivorship community property operates in much the same way, though it is exclusively for married couples. Bank Account Payable on Death DesignationTexas also allows bank account holders to designate someone to receive their money after they die. Known as a payable-on-death designation, this way of avoiding probate allows account holders to control their money while knowing that it won’t go through probate if they pass away. Real Estate Transfer on Death DeedAlso known as beneficiary deeds, transfer-on-death deeds for real estate give home and business owners the option to transfer their real estate to someone else following their death. Property owners can revoke the deed or sell the property whenever they want as this deed does not take effect until they are deceased. Living TrustLiving trusts are a great way to avoid probate in Texas. Nearly any sort of property can be protected by a trust, so it’s a great way for property owners to transfer houses, cars, bank accounts, and other valuable assets to their beneficiaries without getting the court involved. All you have to do is create the trust, name a successor trustee, and give yourself ownership of the property within the trust. After all that is done, the property will follow the rules of the trust, so be sure to speak to an experienced attorney before creating a living trust. Upon your death, the property will transfer to the successor trustee who can then distribute the property to your beneficiaries without going through probate. Want to Avoid Probate in Texas? Get in Touch with Us Today.It’s never too early to start estate planning. Contact us today so that we can create an estate plan that fits your needs and that helps you avoid probate in Texas. Via https://www.wthompsonlaw.com/will-your-estate-go-to-your-family-4-ways-to-avoid-probate-in-texas/ As your parent ages, there may come a time when you must take on guardianship for your parent, accepting legal responsibility for their care and wellbeing. The duties include a parent’s daily care, medical care, and possibly financial decisions made on their behalf. Many guardians are family members who were previously caregivers, now cast into a formal legal role. At the same time, some are professional guardians appointed to circumvent well-established family conflict and disagreement problems. Becoming a guardian requires a court hearing and medical provider confirmation of incapacity of the proposed ward. In legal terms, a ward is either a minor or an incapacitated adult under the protection of a legal guardian. Incapacity can include cognitive decline, dementia, brain injuries, prescription drug impairment, inability to perform daily living activities, or other severe health conditions. Sometimes an aging parent may disagree that they need a guardian, leading to contested guardianship hearings. There may also be disagreement as to the proposed guardian. A variety of concerns are often expressed during a contested hearing where family members may not agree due to longstanding relationship issues. A contested hearing can become costly, with family members opposing guardianship becoming responsible for their legal expenses. In such cases, a professional guardian is preferable to settling issues between a family where conflict is the norm. Before guardianship is granted, documentation of cognitive impairment like dementia or physical incapacity precluding a parent from making good decisions about their care must be presented to the court. This documentation substantiates the degree of parental impairment as evidence for the guardianship petition. A medical assessment, including a neuropsychological evaluation, provides additional proof for the need for guardianship. Understanding the Role of a ConservatorIn most cases, when a guardian is appointed, so is a conservator. The conservator’s responsibility is to manage property and money. Some family members act as a guardian and conservators, but this is disallowed when a professional is appointed as professional oversight requires a system of checks and balances. A court-appointed family member guardian and conservator is assumed to act in the best interest of their family member. If there are enough funds available, a guardian can hire caregiving help, provide different therapies, or utilize adult daycare. A conservator’s responsibility to manage funds in the best interest of the aging parent should dovetail with the guardian’s goals, and in no way should these funds be conserved to guarantee adult children an inheritance. Guardianships differ from state to state, including the terminology used for guardians and conservators. Some states have an office of public guardianship that accepts cases from low-income individuals and some private clients. Just as in estate planning, probate attorneys, and elder law, it is crucial to retain an estate planning attorney specializing in the area of guardianship and conservatorship. Understanding the Process of GuardianshipThe process can be long and complex, particularly in the case of an aging parent, as they will lose fundamental rights having their care entrusted to another person. A general discussion between the aging parent or older person and their relatives as to why guardianship is the best way forward is a good place to begin. The legal process starts with filing a petition for the appointment of guardian or conservator form. This form includes information about the proposed ward and their relatives, the person submitting the request, the reason guardianship is necessary, and an explanation for why alternatives to guardianship are either not available or appropriate. A court investigation commences determining if there is a need for guardianship. If warranted, a court hearing is scheduled where the judge reviews the petition, listens to statements and determines whether or not to grant the guardianship petition. Every court-appointed guardian is entitled to reasonable compensation for their services. Often when a guardian is a spouse, family member, or close friend, they will waive any payment. In the case of a private or public guardian, the individual is paid directly from the ward’s estate. What Is the Guardianship Hearing Process in Texas?During the guardianship hearing, the proposed guardian will testify at the guardianship hearing about the proposed ward’s incapacity and the extent to which the proposed ward requires guardianship. The proposed guardian will also present the ward’s medical records and a letter and report from a doctor within 120 days to support the need for guardianship. The guardian-ad Litem will summarize the findings of his or her investigation, and advocate for the best interests of the proposed ward at the hearing. The court may also ask the attorney ad litem to provide a written report on the ward’s best interest. The court will decide whether to approve or deny the guardianship request at the end of the hearing. Once the court approves the guardianship application, the new guardian will be required to file a bond and take an oath to faithfully perform their duties and act in their ward’s best interests. After the court approves the bond and oath, the court clerk will issue Letters of Guardianship to the newly appointed guardian. They are proof that the guardianship is approved and let the court know that the guardian is able to act on behalf of the ward. The letters are valid for one year and 120 days from the date they were issued but can be renewed by the court each year. An aging parent’s ability to accept the idea of guardianship on their behalf is an admission that they cannot maintain their independence. It is best to be very clear about the process and not mislead them or create unnecessary stress by not fully understanding all involved. Retaining an attorney specializing in guardianship and conservatorship can protect the process from missteps and make it a smoother transition for all parties involved. Please contact our Houston office at (281) 214-0173 or the Bay City office at (979) 318-5079 today and schedule an appointment to discuss how we can help you with your legal matters. Via https://www.wthompsonlaw.com/understanding-the-duties-of-guardianship/ |
About UsHouston, Texas estate planning attorney The Law Office of Whitney L. Thompson is here to help with estate planning needs including trusts, wills, guardianship, and Medicaid planning. Attorney Thompson works hard to represent her client and ensure that they receive the best outcome possible. Call 281-214-0173 to schedule a consultation. ArchivesNo Archives Categories |