Estate Planning and Probate

 

• Enhanced Deeds – Lady Bird Deeds or Transfer on Death Deeds
• Wills
• Trusts
• Family Limited Partnerships
• Statutory Durable Power of Attorney (“General Power of Attorney”)
• Medical Directives with Designation of Agent/s and HIPPA Releases
• Guardian Designations
• Review of Probate vs. Nonprobate Assets
• Beneficiary Designations with the Texas Department of Motor Vehicle
• General Death Planning Guidance for nonprobate assets
• Creating a Death Guide for Your Loved Ones

 

When Cindy sits with you on an estate plan, she will listen to you first and go over your assets.  She will also ask personal questions about your intended beneficiaries, their ages, and family dynamics.  For example, are there minor beneficiaries, are we considering pets, do we need trusts, do we need medical evaluations of the person signing, do we need to create a special needs trust for a disabled child/person who received government benefits, do we need to divest the client of property to better prepare for long-term disabilities.  All of this and more is a consideration by Cindy to ensure the best plan for you and your loved ones.

Not all Wills need to be probated.  Not all people die with a will.  Not all estates need an attorney.  Cindy can help you decide whether legal work is required for your deceased loved ones’ estate.  Even if your loved one had a will, not all wills need to be probated.  There could be easier and less expensive options.  Here is a list of some of the post-death planning tools Cindy uses to help her clients:  

• General Consultation to guide you on what to do next
• Pay On Death Beneficiary Process with Bank Accounts, Life Insurance, Annuities, Financial Institutions
• Guidance on Affidavits of Death/Heirship with DMV or Manufactured Homes that are designated as personal property and not real property
• Getting Access to A Safe Deposit Box to look for a Will
• Affidavits of Heirship
• Affidavits of Death for Lady Bird Deed, Transfer on Death Deed, Other
• Estate Affidavits

 

Sometimes probate court is inevitable.  Cindy can help with the following:  

• Probate of a Will as Muniment of Title
• Probate of a Will with Request for Letters Testamentary
• Probate of a Copy of a Will with Request for Letters Testamentary
• Probate of a Non-Self Proved Will Request for Letters Testamentary
• Probate of a Holographic Will with Request for Independent Administration
• Determination of Heirship with Request for Independent Administration

 

At this time Cindy Benavides only takes Guardianship of the Person, not of the Estate.