Estate Planning FAQs

  • What is a Trust, and how is it different from a Will?

    A trust is a private, flexible legal tool that holds assets during your lifetime and distributes them after death, often without probate. Unlike a will, a revocable living trust can also manage your affairs if you become incapacitated.

  • What is a Durable Power of Attorney?

    This document lets you appoint someone to handle your financial and legal matters if you are unable to do so due to illness, injury, or incapacity. Without one, a court may need to appoint a guardian.

  • What is a Medical Power of Attorney?

    A Medical Power of Attorney allows you to name someone to make healthcare decisions for you if you’re unable to communicate. This person acts as your advocate during medical emergencies.

  • What is a Directive to Physicians (Living Will)?

    This document states your wishes about life-sustaining treatment if you have a terminal or irreversible condition and cannot speak for yourself. It helps reduce the burden on your loved ones during critical decisions.

  • What is a HIPAA Authorization?

    A HIPAA authorization allows your chosen individuals to access your private medical records so they can speak with doctors or make informed medical decisions on your behalf.

  • What is a Declaration of Guardian?

    This document lets you nominate a guardian for yourself or your minor children in case a court ever needs to appoint one. It helps prevent disputes or the appointment of someone you wouldn’t choose.

  • Do these documents only matter if I have a lot of money?

    No. Every adult should have basic estate planning documents in place—regardless of wealth—to ensure someone can act for them in a crisis, avoid court delays, and protect minor children or family members.

  • What is a trust, and how is it different from a will?

    A trust is a legal arrangement that holds and manages assets during your life and after death. Unlike a will, a trust avoids probate, can provide ongoing asset management, and offers greater privacy and control over how and when your assets are distributed.

  • Do I need a trust if I already have a will?

    A will takes effect only after death and requires court oversight. A revocable living trust works during your lifetime, including in cases of incapacity, and allows your assets to be distributed privately and efficiently, without court involvement.

  • What are the benefits of using a revocable living trust?

    Benefits include probate avoidance, privacy, quicker access to funds for beneficiaries, incapacity planning, and the ability to set detailed instructions for asset distribution across generations or over time.

  • Can a trust help protect my assets from creditors or lawsuits?

    Certain types of trusts—such as irrevocable trusts—can provide asset protection, but a basic revocable living trust does not. We help clients evaluate which trust structures align with their risk profile and planning goals.

  • How can a trust help if I have a blended family or children from a previous marriage?

    Trusts are ideal for blended families because they allow you to customize how assets are divided—ensuring your spouse is cared for while protecting inheritances for your children from a previous relationship.

  • What types of assets can I place in a trust?

    Almost any asset can be placed in a trust, including real estate, bank accounts, investment portfolios, business interests, and life insurance policies. Proper funding is essential to ensure the trust works as intended.

  • Will I lose control of my assets if I create a trust?

    No. With a revocable trust, you retain full control and can amend or revoke it at any time. You act as trustee and beneficiary while living, maintaining access and control over all assets in the trust.

  • How does a trust help with incapacity planning?

    If you become incapacitated, your successor trustee can immediately step in to manage your finances and care for your loved ones—without the need for a court-appointed guardian.

  • Are trusts only for wealthy families?

    No. While high-net-worth individuals often benefit the most, trusts are valuable for anyone who wants to avoid probate, protect privacy, or provide for minors or special needs beneficiaries.

  • What is an estate plan, and why do I need one?

    An estate plan is a set of legal documents that ensures your wishes are followed if you become incapacitated or pass away. It helps you protect your assets, care for loved ones, and avoid court delays or family disputes.

  • What is a Last Will and Testament?

    A will is a legal document that states who will inherit your property and who will be in charge of settling your estate after your death. It must go through probate and becomes public record once filed with the court.

  • What is a Trust, and how is it different from a Will?

    A trust is a private, flexible legal tool that holds assets during your lifetime and distributes them after death, often without probate. Unlike a will, a revocable living trust can also manage your affairs if you become incapacitated.

  • What is a Directive to Physicians (Living Will)?

    This document states your wishes about life-sustaining treatment if you have a terminal or irreversible condition and cannot speak for yourself. It helps reduce the burden on your loved ones during critical decisions.

  • How can your firm help me set up a trust that meets my goals?

    We provide customized estate planning tailored to your values, goals, and family dynamics. Whether you're looking to protect assets, care for loved ones, or plan for future generations, our team creates thoughtful, comprehensive trust plans that work.

  • What is a Lady Bird Deed?

    A Lady Bird Deed (also called an enhanced life estate deed) allows you to transfer real property to a beneficiary upon your death without going through probate, while retaining full control of the property during your lifetime.

  • What is a Transfer on Death Deed (TODD)?

    A TODD is a statutory deed in Texas that lets you name a beneficiary to receive your real estate automatically upon your death—also avoiding probate—without giving them any rights to the property while you are living.

  • How are Lady Bird Deeds and TODDs similar?

    Both allow real property to pass directly to a named beneficiary without court involvement, helping your family avoid probate delays and expenses. You also retain ownership and control during your lifetime.

  • How are they different?

    Lady Bird Deeds are based on common law and allow you to sell, mortgage, or revoke the deed without the beneficiary’s permission.

    TODDs are governed by the Texas Estates Code and must meet specific legal requirements; they are automatically revoked if the beneficiary dies before you.

  • Why use a Lady Bird Deed or TODD instead of a will?

    These deeds avoid probate for real estate, meaning your beneficiary receives the property faster, privately, and without court fees. In contrast, a will must go through the probate process to transfer title.

  • Can I change my mind after I sign one of these deeds?

    Yes. Both types of deeds can be revoked or replaced at any time during your lifetime, as long as you have legal capacity.

  • Do these deeds protect the property if I go into a nursing home?

    Lady Bird Deeds are especially popular because they preserve Medicaid eligibility and protect the property from Medicaid estate recovery in many cases, making them useful for long-term care planning.

  • Do Lady Bird Deeds or TODDs trigger a gift tax or change my property taxes?

    No. Because you retain full ownership during your lifetime, there is no gift tax consequence, and your homestead or other exemptions remain intact.

  • What happens if I have multiple beneficiaries?

    You can name multiple beneficiaries in either deed. However, you should plan carefully to avoid conflict, especially if they are to receive unequal shares or if one predeceases you.

  • How can your firm help me decide which deed is right for my estate plan?

    We evaluate your goals—whether it’s probate avoidance, Medicaid planning, or family protection—and advise whether a Lady Bird Deed, TODD, trust, or combination of tools best fits your needs. We also ensure the deed is properly drafted, signed, and recorded to be legally effective.