Wills
A will is the foundation of any estate plan. A person who makes a will is called a testator. Wills can accomplish many things, including:• Naming an executor, who is the person responsible for carrying out the instructions in your will
• Naming a guardian to take care of your minor children
• Distributing specific property to specific beneficiaries
• Determining who should receive any property that is not otherwise mentioned in the will

The requirements necessary to create a valid will are different depending on your state. Though generally, the testator must have the mental capacity necessary to understand what property they own, who they are leaving it to, and that they are creating a will when they sign it. Furthermore, most states require that the will be in writing and signed by the testator and two witnesses.

Whether your estate and desired dispositions are modest or worth several millions with several attending concerns and considerations, our firm has prepared hundreds of testamentary instruments and can assist you in preparing a Last Will and Testament or Testamentary Trust that meets your goals and in some circumstances may be able to reduce future federal estate tax liability. Call our office today to schedule an appointment for a complimentary consultation.

Trusts
A property interest where one person holds the legal title of property for the benefit of another is called a trust. The person who holds legal title is called the trustee, whereas the person who holds the right to enjoy the property is called a beneficiary. The person who creates the trust is called the grantor. A grantor can make a trust revocable or irrevocable.

By creating a trust, the grantor gives the power to control the property or legal interest to the trustee. A trustee is bound by law to use the trust property in a way that best serves the interests of the beneficiary. If a trustee does not make decisions in the interest of the beneficiary, he or she could be liable for misuse or mismanagement of trust assets.

The many different trusts that can be used include:

• Bypass trust
• Domestic relations trust
• Family trust
• Irrevocable life insurance trust
• Supplemental needs trust
• Self declaration trusts
• Support trusts
• Spendthrift trusts
• Charitable remainder trusts
• Generation Skipping Trust

It is best to speak with an experienced trusts and estates attorney in order to determine whether a trust or will best suits your goals, and if a trust what type of trust is best for your unique situation.

Other estate planning instruments include:
Powers of Attorney: A power of attorney gives another person the power to make decisions on your behalf. You can determine the type and scope of the power, but the most common type gives power over financial and legal decisions.Health Care Power of Attorney: A health care directive is also known as a medical power of attorney and allows you to appoint someone to make medical decisions for you if you become incapacitated and are unable to make your own decisions. If ten or more years have elapse since you had your Medical (Health Care) Power of Attorney prepared, it may be out of date and without appropriate HIPPA language provisions, the agents designated may not be able to make medical decisions as intended.

Directive for Physicians, also known as, Living Wills: A living will directs what type of medical treatment you wish to receive if you are unable to speak or otherwise give directions regarding your care.

Although our firm prepares Designations of Guardianship to any clients seeking an estate planning package consisting of a will and/or trusts and ancillary documents, which have the effect of preemptively avoiding a guardianship proceeding, we also serve family members who have a loved one needing guardianship to protect the estate and provide for their care while still alive.
The labyrinth of requirements to obtain guardianship can be a daunting task even for the most committed family members. If a family member of yours does not have either a Power of Attorney or Medical Power of Attorney and they are no longer able to attend to their affairs, such that guardianship is appropriate, our firm can help. Call our San Antonio office today to schedule a complimentary consultation.

When a loved one requires nursing home care due to their medical condition and his or her total monthly income exceeds the established medicaid cap, the family often has to assume the bill for care in a nursing home. Or alternatively, the family will have to spend down the vast majority of the elder’s estate to achieve eligibility – thereby leaving a pittance of an inheritance to surviving spouse or children of the elder requiring nursing home care.Fortunately for families with love ones whose overall monthly income exceeds the medicaid cap but falls far short of the monthly cost for quality nursing home care, Congress has recognized Income Cap Trust, also known as Miller Trust, to bridge the gap between the cost of the nursing home, the basis needs of the elder, and providing for the community spouse (if any) who is not living in a nursing home.

The income cap trust along with other appropriate medicaid advanced planning techniques can ensure that the family member requiring nursing home care gets it, that the community spouse is well provided for, and that the amount spend down (if any) can be substantially reduced without triggering either ineligibility or penalties for look-back infractions
To learn more about how to best preserve the accumulated financial assets of your elderly family member and provide them the means to get the medical care and treatment required, call our office today to schedule a complimentary consultation.

A critical component toward obtaining medicaid coverage for an elderly family member is the preparation of the medicaid application. Because inadvertent errors can result in the denial of benefits and the corresponding expense of several thousands of dollars before eligibility can be re-established, getting the medicaid application properly prepared is critical toward obtaining benefits in as expeditious a manner as possible.If the prospects of having to place a family member in a nursing facility appear to be on the horizon, the earlier that action is taken the better. Our office is committed to the care and welfare of the elderly. Call our office today to schedule a complimentary appointment to learn more about the medicaid eligibility process and how to maximize the overall value of concerned elder’s estate.

The term “Lady Bird Deed” or “Transfer on Death Deed” is a reference used to describe an Enhanced Life Estate Deed. This kind of deed get its name from President Lyndon B. Johnson who used an enhanced life estate deed to transfer some property to his wife, “Lady Bird Johnson.” An enhanced life estate deed can be used like a Warranty Deed or a Quit Claim Deed but with added benefits to the transferor.The term Enhanced Life Estate Deed refers to a document that is primarily used to avoid the probate of real estate. It can also be used to transfer other assets like tangible personal property such as athletic equipment, furniture, home decorations, etc. Other valuable aspects of a transfer on death deed is that a person can reserve a life estate for themselves in the property coupled with the authority to sell the property or commit waste at anytime without permission of the named default beneficiaries.

If the person creating the deed does not sell the property during his or her lifetime, the home will pass directly to the named beneficiaries after the death of the grantor(s). The real estate avoids going through probate just like any other deed that conveys ownership of real estate to another person without the danger of triggering adverse consequences.

A significant benefit from using an enhanced life estate deed is that the execution of such a deed is not considered a transfer of ownership for purposes of applying for Medicaid benefits. In February of 2006, the government passed the Deficit Reduction Act that changed many of the rules Medicaid uses for determining when a patient/applicant can begin receiving benefits for services such as nursing home care. To learn more about whether a Lady Bird Deed may be a valued tool toward avoiding probate or creating transfer without triggering a medicaid look-back penalty, call our office today to schedule a complimentary appointment.

The issue of grandparents’ rights is a very commonly discussed aspect of family law, and each state has its own laws surrounding the subject. In the state of Texas grandparents can be granted visitation rights by the court under certain circumstances. The most common one would be when the parents of the child in question are either divorced or living separately for at least three months, at least one of the parents still has legal custody, and the court feels as though such visitation would be in the best interests of the child. Grandparents can also be granted visitation rights when the court has ruled that the child is in need of supervision, or in cases when the child has lived with the grandparents for at least six of the 24 months prior to the filing of the visitation request.Grandparents can be award custody of a grandchild as well when the court rules that the child’s health and well being are being compromised by his or her present living situation and in cases when both parents file a petition asking the court to grant conservatorship to the grandparents. Other interested third parties can be awarded custody as well under certain circumstances at the discretion of the court.

If you would like more information about grandparents and third party custody/visitation, contact an San Antonio TX family lawyer for a free consultation.

One of the most tragic events that can befall an elderly parent or dear relative is neglect or worse intentional mental and physical abuse. Texas, like several other states, has signed into law several requirements that nursing homes must comply with as to a standard of care of its patients. When abuse is identified, our office in combination with Adult Protective Services, expert medical opinion and local authorities will take all steps necessary to protect the interest of a concerned elder and will as appropriate seek recovery of damages against the perpetrators and any facility harboring such maltreatment.If you suspect that your elderly parent has been mentally or physically abused by a treating facility, do not wait. Take immediate action and call our office today to evaluate what immediate actions may need to be taken and what kinds of recovery can be sought for such abuse.

An unfortunate reality today is the growth of financial fraud preyed upon elderly – in some cases by family members or agents with power of attorney over their affairs. An agent with a power of attorney has a fiduciary obligation to see to the best interest of the elder whom he or she is acting on behalf. While a revocation of power of attorney may be able to stop practices such as fraudulent transfers, conveyances, and re-designation of beneficiaries on life insurance policies, they cannot reverse the damage already done. Further, theft or conversion of assets give rise to potential claims of fraud, conversion and breach of fiduciary duties.Our firm is unwavering in our commitment to protecting elderly from such foul practices and will seek recovery of damages directly or through constructive trust to obtain not only actual damages, but punitive damages as may be available. If you believe that a family member has been targeted or subject to financial fraud or theft of personal property, our firm may be able to help. Call us today for a complimentary consultation.