Wills, Trusts, Probate & Estate Planning for The Woodlands and Houston, Texas
At Garg & Associates, PC, our mission is providing our clients highly experienced and personalized counseling in developing necessary legal documents and achieving successful outcome for their very important Probate and Estate. We offer Free Initial Consultation on phone, for your case assessment, execution approach, and anticipated legal cost prior to contractually retaining our highly qualified and experienced attorneys. Our attorneys work closely with our clients to counsel them in choosing the right options and successful results. We treat you as our clients with courtesy and care.
Planning your Estate by creating Will or a Living Will or a Trust, entrusting Power of Attorney, establishing guidelines in case of incapacitation or certain after-death decisions, is a vital step toward protecting your own interests while living, and care of the loved-ones after your demise. From a simple will to sophisticated Estate Planning, Garg & Associates’ probate attorneys will work with you in producing documents tailored to your specific lifetime and testamentary wishes. The scope and complexity of your Will or Trust will depend entirely on your circumstances and your desires.
Reviewing and Updating of your already executed documents should be reviewed on a regular basis due to changes in personal life or substantial fluctuation in assets since you signed your existing documents. Changing federal and state tax laws are other reasons requiring such reviewing and updating. Our probate attorneys are experienced in reassessing and modifying your documents as necessary.
At Garg & Associates, we have experience in a multitude of Wills, Trusts & Estate Planning matters, including but not limited to the following:
- Last Will and Testaments. Your Will is a vital instrument that establishes who will care for your children or inherit your hard-earned estate by executing a Last Will and Testament. In case of no will, only the State of will determine how your probate assets will be allocated… There is no flexibility in Texas’ default distribution laws.
- Testamentary Trusts. You may choose to create a Trust within your Will as a way to manage assets for a spouse or children upon your death. A Testamentary Trust is a tool to establish control over when, and under what circumstances, your heirs will receive their share of your estate.
- Pour-Over Wills. A Pour-Over Will allocates any property not otherwise disposed of by your estate plan to a Trust already in existence to ’pour’ those assets into the Trust so that they will be distributed according to the terms of the Trust instrument.
- Statutory Durable Powers of Attorney. A Statutory Durable Power of Attorney allows you to appoint an agent to step upon your disability or incapacity without the need for a court-appointed guardianship. A Power of Attorney generally grants very broad powers, allowing this pre-appointed person to conduct every designated aspect of your personal business on your behalf.
- Medical Powers of Attorney. A Medical Power of Attorney, designates a person to make health care decisions for you in the event of your incapacity. It is imperative that a qualified attorney assist in the drafting and execution of a Medical Power of Attorney to ensure strict compliance with Texas law.
- Directive to Physicians. A Directive to Physicians, or ’Living Will,’ is an instrument by which you may make your wishes known with regard to artificial life support. Just as with a Statutory Durable or Medical Power of Attorney, it is essential to consult qualified legal counsel prior to signing a Directive to Physicians.
- HIPPA Releases/Authorizations. Due to the strict privacy rules of the Health Insurance Portability and Accountability Act (HIPAA), a HIPPA Release is necessary to allow for the disclosure of your medical records and information. Even designating an agent through a Medical Power of Attorney will not authorize such agent to access your medical information; thus it is vital to execute both a Medical Power of Attorney and a HIPAA Release to ensure your agent’s ability to competently make medical decisions on your behalf.
- Estate Tax Planning. If the size of your estate causes estate taxes to be a concern, the Estate Planning attorneys at Garg & Associates are available to counsel you on various techniques available for incorporation in your estate plan.
- Lifetime Gifting and Gift Tax Planning. Lifetime gifting can be an excellent tool for transferring wealth to children or grandchildren, as well as for reducing the size of a taxable estate.
- Revocable Inter Vivos Trusts (’Living Trusts’). A Living Trust is a legal arrangement whereby the trust creator transfers property to a trustee, who holds such property for the benefit of ’beneficiaries.’ Living Trusts can be excellent vehicles for estate and gift tax planning, maintaining family privacy, planning for incapacity, and alleviating the need for probate in many circumstances.
- Irrevocable Trusts. As its name suggests, an Irrevocable Trust cannot be changed or revoked, provides great benefits in estate tax planning, and require meticulous drafting in order to be effective.
- Analysis of Holographic Wills. A Holographic Will is a will written entirely in the testator’s own handwriting. There are certain requirements that must be met in order for this type of will to be valid under Texas law. The attorneys at Garg & Associates are available to review and advise on the validity of Holographic Wills in order to avoid pitfalls at the time of probate.
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