Some problems with probate in Texas

It's true that probate in Texas is relatively easier, cheaper and quicker than it is in other states. However, that being said, it's not as "easy as pie," it's not free and it's not immediate. So here are some of the problems associated with probate: (1) It still takes money because you have court costs and attorney costs. (2) It still takes time, even if it's only a month or a few months because that may be longer than you would like to wait. (3) It's public because probate is a public process. In Texas we are blessed with a great probate system. Many people still prefer to just have a will and not a living trust, and that's fine. Some people would prefer not to pay now and rather to pay out of their estate post-death so that they can have more money at their disposal while living. That's a great strategy. The choice is yours. There's no perfect choice. It's an individual choice, and I have have some clients who just choose wills, and others who choose a living trust with a pour-over will. The choice is yours, and as an attorney I can help you make that choice, or you can hire another attorney who can help. Just make sure that you at least get basic planning done by a professional who can ask all the right questions. Remember, true estate planning means more than just planning for death since most of the other estate planning documents such as living wills, medical powers of attorney, etc. will be needed should you become incapacitated. And in a country with lots of sugar (heart attacks happen), crazy drivers (car wrecks happen), renegade revenge plots, and lots of alzheimers and str

oke victims, there's a decent chance that these documents will come into play long before death.

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Mike Massey JD, MBA, MPA just might be the 195th most interesting person in Texas. He has 4 college degrees and he's working on a 5th:  BBS Accounting; MPA Master's in Professional Accounting; JD Law Degree; MBA Master's in Business Administration; BBS in Biblical Studies (in progress).

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