Estate Planning

Denton Estate Planning Attorneys Serving North Texas

Estate planning in Denton County & the DFW area involves creating a strategy to preserve and manage your assets during your life and then to competently and efficiently distribute this wealth upon your death. Estate Planning accomplishes personal and family goals while minimizing the stress and complications of financial and legal affairs.

Serving Denton | Dallas | Tarrant | Collin

An estate is defined by any and all assets of value, including real and personal property, business interests, insurance proceeds, investments, and even personal effects. These assets can be owned exclusively by you or shared jointly with others. An “estate plan” typically pertains to the method in which your estate is bestowed to your loved ones following your death. An estate plan can also address other issues such as creating trusts and naming a guardian for your minor children in the event of your death.

In addition to these essential elements, estate planning involves a comprehensive review of your financial situation, future goals, and potential challenges. At Chenault Law Firm, we offer personalized consultations to understand your unique circumstances and craft an estate plan that reflects your specific needs and desires.

Understanding the importance of an estate plan is crucial. Without one, your estate may be subject to intestate succession laws, which means state law will govern how your assets are distributed. This can lead to outcomes that might not align with your wishes and can cause unnecessary stress and financial burden on your loved ones.

Key Estate Planning Components

  • Revocable Living Trusts
  • Last Will and Testament/Probate
  • Lifetime Gifting
  • Joint Ownership
  • Beneficiary Designations
  • Powers of Attorney
  • Directive to Physicians
  • Transfer on Death Deed

Each of these components serves a distinct purpose in your overall estate plan:

  • Last Will and Testament: A legal document that outlines your wishes for asset distribution and appoints an executor to manage the probate process. It ensures that your instructions are followed, and your estate is handled according to your preferences.  Your Last Will and Testament can also contain a trust (a Testamentary Trust) that can benefit and support your intended beneficiaries while providing additional safeguards and restrictions.

  • Revocable Living Trusts: Allows you to manage your assets during your lifetime and seamlessly transfer them to your beneficiaries without probate. After your passing, the successor trustee, instead of the court, will administer and distribute the assets in accordance with the terms of the Trust. This can provide privacy and reduce the time and cost associated with settling your estate.

  • Lifetime Gifting: Strategically gifting assets during your lifetime to reduce estate taxes and provide for your loved ones. This can be an effective way to see the benefits of your gifts during your lifetime and reduce the taxable estate.

  • Joint Ownership: Managing property ownership with another party to ensure smooth transfer upon death. Joint ownership can help avoid probate and ensure immediate transfer of assets.  However, this can often lead to unintended consequences and understanding the aspects of joint ownership is essential.

  • Beneficiary Designations: Assigning beneficiaries to accounts and policies to bypass probate. This includes life insurance policies, retirement accounts, and other financial instruments that can be directly transferred to beneficiaries.  Often referred to as “Payable on Death” designations or “PODs”, these designations can either greatly assist, or completely destroy, your intended estate plan. It is critical that anyone creating an estate plan understand the effect of these types of designations. 

  • Statutory Durable Power of Attorney: If you become incapacitated, this document allows you to designate someone to make certain decisions for you related to your finances and property.  This document also allows you to allow someone to make these types of decisions for you when you are not incapacitated.

  • Medical Power of Attorney:  If you become incapacitated, this document allows you to designate someone to make medical decisions on your behalf.  

  • Directive to Physicians: Often referred to as a “living will” or “advance directive”, this document allows you to direct what type of care you would like if you are ever in a terminal or irreversible medical situation.

  • Transfer on Death Deed (TODD): This legal document is a type of deed used to transfer ownership of your real property (i.e., house or land) to a designated individual or group of individuals when you pass. It is created and signed and filed with the county real property records before you pass and takes effect only after your passing. By using a TODD, a person can transfer the real property directly without going through probate and is similar (but a little different) to a payable on death designation.

Experienced North Texas Estate Planning Attorney

Conflicts and contention usually arise when the methods of distributing an estate are not clearly defined and carried out. With a well-drafted estate plan, you can ensure that your estate passes to whom you want, when you want, and in the manner you’ve chosen, sparing your loved ones costly probate proceedings and other public processes. Contact our office today online or by phone at 972.591.0099 to find out more and schedule a confidential consultation.

In addition to traditional estate planning services, we offer ongoing support and updates to your estate plan as your life circumstances change. Whether it’s due to a change in marital status, the birth of a child, or significant changes in your financial situation, we are here to ensure that your estate plan remains current and effective.

Trust Chenault Law Firm to guide you through every step of the estate planning process with professionalism, compassion, and expertise.

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