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Will and Probate Lawyer

Practice Area: Wills, Probate, and Estate Planning

 

Estate Planning

Failure to make a plan can be costly to your family. Death and incapacitation can leave families emotionally devastated. The failure to properly estate plan adds to the confusion and uncertainty of trying to effectuate a loved one's wishes. Robin G. Hughey is experienced and is very knowledgeable in the area of estate planning. No matter what stage of life you are in, Robin G. Hughey can help you realize your goals and achieve a workable plan to accomplish them.


Appointment of Agent to Control Disposition of Remains

An Appointment of Agent to Control Disposition of Remains appoints an agent to decide how to dispose of your remains. It also allows you to give special instructions on how you prefer the disposal performed.

 


Directive to Physicians
or Living Wills

A Directive to Physicians, often referred to as a Living Will, directs your attending physician to withhold life-sustaining procedures if you are suffering from a terminal or irreversible condition.


Do Not Resuscitate (DNR)

A Do Not Resuscitate (DNR) is a legal order written by the patient to instruct health care providers if the patient's heart were to stop, or they stopped breathing. It tells health care providers not to do any cardiopulmonary resuscitation (CPR).


Durable Power of Attorney

A Durable Power of Attorney is a legal document that authorizes someone to act for you if you become incapacitated and cannot handle matters on your own. You may permit your agent to do as much or as little as you would like, such as managing your money, running your business, or anything you do for yourself.


HIPAA Authorization

A HIPAA authorization is a legal document that grants the people you authorize permission to use your protected health information for purposes such as making decisions under a Medical Power of Attorney.


Medical Power of Attorney

A Medical Power of Attorney authorizes an agent named by you to decide your healthcare and medical treatment. It only becomes active if you are unable to make decisions regarding your treatment. After you have a Medical Power of Attorney properly executed, your agent can make your medical decisions once your attending physician states in writing that you are unable to make your own medical decisions.


Trusts

A trust is a written agreement where a "grantor," "settlor" or "trustor" puts the legal title to a property to be held by a "trustee" for the benefit of one or more "beneficiaries." There are terms in the trust document which state how the trust property is to be managed by the trustee and when and how the trust property is to be distributed by the trustee to the beneficiaries. There are many different kinds of trusts. A trust created during the grantor, settlor, or trustor's lifetime is called an "inter vivos trust." A trust created in a will is called a "testamentary trust." Trusts can be revocable or irrevocable. People create these documents for a variety of reasons. Grantors often entrust a trustee with their property's legal title to benefit minor children or incapacitated individuals. Trustors typically set up a living trust to avoid probate, avoid ancillary administration, and manage assets. These living trusts can also be used by a settlor to reduce estate taxes.


Wills

A will can help provide for your family in the event of your death. Making sure your will is valid and current is equally essential. Wills created in computer programs in which you fill in some forms, and the program does the rest, are usually better than not having one at all but often are missing specific language required by Texas law, the lack of which can complicate the probate process. A will drafted by an experienced attorney will ensure the court distributes your savings and assets in the manner that you would prefer. Having a properly written will can also significantly reduce your probate costs and provide a streamlined probate process. If you die without a will, the court will distribute your assets according to the State of Texas's laws and your loved ones will often be subject to a more costly and complicated probate process.


Probate

Robin G. Hughey assists executors, administrators, beneficiaries, and other interested parties in securing their interests in a decedent's estate with or without a will. Mrs. Hughey can assist you in applying for Letters Testamentary or Letters of Administration or probating a will as a Muniment of Title. She can also help you with court filings, creditor notifications, and the location and verification of assets. Robin G. Hughey can assist with deed transfers of real properties and transfers of personal assets as set out by a will or state laws. With over 25 years of experience in probate and estate planning, Robin G. Hughey will guide you and ease you through what is often a complicated legal process.


Affidavit of Heirship

An affidavit of heirship is a document used in place of estate administration. These documents need to be signed in front of witnesses and filed in the county's deed records in which the real property lies. Affidavits of Heirship are most commonly used to transfer real estate.


Dependent Administration 

In a dependent administration, the court closely supervises the actions of the administrator. The dependent administration is often cumbersome and expensive because it is closely monitored by the court, but the court's close supervision provides much protection for the heirs.


Heirship Determination Proceeding

This proceeding determines the heirs of an intestate decedent (a decedent with no will). A court-appointed attorney represents unknown heirs, and the judge determines whom the heirs are after hearing evidence.


Independent Administration

Typically, the language used in the decedent's will is what creates an independent administration, but the probate court can create it by agreement of all the beneficiaries of the estate.


Letters Testamentary and Letters of Administration

Letters Testamentary and Letters of Administration are documents issued by the court to an executor or administrator, demonstrating authority from the court to act for the decedent's estate.


Muniment of Title

Probating a will as a muniment of title provides for a streamlined probate process and does not require an administrator or executor's appointment. If a court is satisfied that there are no estate debts and a valid will exists, a muniment of title may be granted by the court if no formal administration of the estate is necessary. The court's order becomes the legal authority that the beneficiaries in the will are entitled to receive assets without an administration. Muniment of Title may not be appropriate in an estate with significant assets, particularly with assets subject to out of state administrators.


Small Estate Affidavit

A small estate affidavit allows the heirs at law of someone who died without a will to avoid going through full estate administration if the decedent's estate is short and straightforward. A small estate affidavit can be used in Texas if the entire estate, not including homestead and exempt property, is worth $50,000 or less. A small estate affidavit cannot transfer title to real property unless the real property is the homestead.