Best Estate Planning Attorneys in Desoto, TX

Yes, to make sure that your property goes where you want and to simplify the handling of your estate for your heirs. A properly executed Last Will and Testament assures that your property passes to the loved ones exactly as you want. In Texas, a will may be made simply by writing it in your own handwriting and signing it, but it is safer to use an attorney to draft your will and supervise its execution to insure its validity.

An heir is a person entitled to inherit from someone who dies without a will. It is often used more casually to include people who inherit under a will.

A trust can be created in a few ways. For example, a trust can be created by executing a trust agreement. Another way is by setting up a trust in your will (a "testamentary trust"). In either case, the Settlor, who sets up the trust, enters an agreement with the trustee to hold property for the benefit of others or even for the Settlor. The terms of the trust can vary and there is no one way to do a trust. Property transferred to a trust continues to stay in the trust unless it is distributed to a beneficiary or the trust is terminated for one reason or another.

Contesting the validity of a trust is very similar to contesting the validity of a will. You can contest based on execution issues, undue influence, and incapacity. If the trust is a testamentary trust, you contest the trust by contesting the will.

A guardian of the person is appointed by a court to make day to day decisions regarding the ward's person including residence, clothes, food, and medical decisions. Most situations require both a guardian of the person and estate. Typically one person will be guardian of both the person and the estate, but each position can be a different person.