Testamentary Trusts

Do you have a family member, friend, or organization you want to leave property to, but you’re worried about how they may use their inheritance?

A testamentary trust is a simple method which allows you to control and direct how your assets are used after you are gone. This type of trust is commonly used as an easy way to leave money or property to children or to limit the assets a beneficiary, child, or adult receives at one time.

People often wish to leave their belongings to a loved one who may not be mature enough to receive their entire inheritance in one lump sum, or may be facing challenges such as gambling or substance abuse.

If you are worried about providing for your spouse, children, or friends after you are gone, a testamentary trust is a good way to prevent them from using the assets all at once and being left with nothing. I work with you to create restrictions you think are necessary such as a monthly allowance for your beneficiary, using the assets only for certain items like medical care, or other conditions limiting access. This helps you to ensure your beneficiary is able to maintain the quality of life you wish for him or her to have even when you're not here to care for them.

Lost Wills

Is your loved one's will lost or misplaced? Looked everywhere and still can’t find it? If you have a copy or know someone who does, we've got you covered.

It can be surprisingly easy to lose important documents. The will gets put in a “safe” space and then that location is forgotten. Or the will is hidden in the attic and then gets left behind during a move. If this has happened to you, there is no need to panic. While it is always best to have the original will, a copy can be probated in Texas courts to ensure that you or your loved one's property goes to the people intended.

It is important to seek legal assistance when the original will has been lost or accidentally destroyed. Probating a copy of a will in Texas requires additional proof, which may include:

• Locating a witness who signed the original will
• Finding two knowledgeable disinterested witnesses who can identify your handwriting
• Showing that the decedent did not intentionally destroy or revoke the will

We will help gather the additional evidence necessary to help probate a copy of a will. Although the process will be different than a “normal” probate, rest assured that we will be there to help guide you through each step.