Practice Areas
© Melissa J. Willms
Estate Planning
We work with our clients to design, draft and execute an estate plan that meets the client's goals and objectives. In simple terms, estate planning typically involves a Will and impaired judgment documents, such as financial and health care powers of attorney, and a directives to physicians ("living will"). Estate planning may also involve revocable living trusts, gift trusts, marital agreements, buy-sell agreements for closely held businesses, and related instruments to suit the client's needs. Every estate plan is unique to each client but can:
Preserve and protect your wealth
Maximize the wealth available to future generations and other loved ones
Minimize the exposure of your wealth to taxes and creditors' claims
Ensure that your wealth is made available to loved ones on the terms and with as much (or as little) control as you desire
Probate, and Estate and Trust Administration
Probate and Estates. There is a widely held belief that, when someone dies, the lawyer's only job is to handle the "probate." In actuality, probate is only the first (and in Texas, relatively simple) step of the legal process that takes place after someone dies. When we represent an executor or trustee, whether it be a surviving spouse, a relative or a close friend, or a financial institution, we help them as needed to:
Probate the Will
Take control of the deceased's assets and administer those assets
File a federal estate tax return, if necessary
Document and assist in distributing assets as provided for in the Will (or revocable living trust), whether it be to individuals or trusts, such as a Bypass Trust, Marital Trust, or Descendant's Trust
Trusts. We also represent trustees to help them understand their duties and obligations in administering a trust. These duties and obligations include things like:
Proper record-keeping
Communication with beneficiaries
Advice regarding necessary tax reporting
Beneficiaries. Estate and trust beneficiaries retain us to advise them regarding their rights and what it means to be a beneficiary. If need be, we assist beneficiaries to help them protect their interests.
Business Planning
We work with clients to help them choose and form the appropriate entity to meet their business planning needs, and if requested, we will assist clients with the maintenance of their entities. In addition, we advise clients regarding business succession planning, lease and other contract negotiations, purchase and sale transactions, and business dissolutions.
Charitable Planning
We help clients meet their charitable goals in a variety of ways. Depending on the client's goals, we may assist them with such things as establishing and administering a charitable trust or private foundation, facilitating gifts during life or at death through donor advised funds or pledges, and advising them regarding the best assets to use to fund their gifts.
Other Matters
The list above gives an overview of the services we offer our clients. There are literally dozens of techniques, documents and services that we may utilize to achieve your goals.