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One of the first questions the family of a loved one who has passed will ask is, 'What will it cost to settle the estate in Texas?' The answer to this question depends on four key factors: the type of assets that will be transferred, if payable on death designations were made on assets, whether there was a Will, and if the heirs agree on a plan for the probate. Based on these factors, you could expect to pay anywhere between $1,500 to upwards of $5,000, depending on which option is most appropriate for your situation.

Not everyone needs a trust, and in some cases, it can be more money than it's worth. However, there are at least six really good reasons for you to have a living trust in your estate planning package. Key considerations for drawing up a trust include the amount in your estate, whether you own assets in another state, privacy concerns, limits you can place on beneficiaries, and protecting your assets.

Texas law has recognized an estate planning trick that is extremely effective to help avoid probate and is low cost, called a deed with an enhanced retained life estate, or “Lady Bird” Deed, or Transfer on Death Deed ("TODD"). These are basically the same form with minor differences. These tools can be used for all types of real estate interests in Texas and are expanding to many other states as well.

With so many estate planning and probate lawyers out there, how do you pick the right one for you? You don’t have to settle for an attorney who isn’t a good fit for you or your legal matter. These 6 questions will help you determine whether an attorney will have your best interests at heart.

When researching potential attorneys for your case, always do your homework. Choosing an unqualified or dishonest attorney could not only result in a negative outcome for your legal situation, but it could also cost you more money in the long run.

An important component of an estate plan is a statutory durable power of attorney, otherwise called a general power of attorney. This power of attorney allows you to name an agent to carry on business-type activities on your behalf if, for any reason, you are not able to do so yourself. Essentially, it helps you avoid needing a guardianship, which can be a costly and complicated process. You should not procrastinate this critical estate planning tool, as you never know what the future has in store.

An independent administration is the form of probate available when a Will contains the proper legal provisions authorizing the independent administration of the estate. This means you can avoid extensive court supervision of the handling of the estate once the will has been admitted to probate. This procedure will need to be used to settle an estate with a Will where the muniment of title approach cannot be used because of outstanding debts.

Families frequently come to me needing to know how to figure out who gets what when a loved one dies without a will. Unfortunately, the answer is that they may be in for a lot of expense and time in a very complicated legal proceeding. A judge will need to determine who will receive portions of the estate, either using an Affidavit of Heirship or an Application for Determination of Heirship.

Estate planning is even more important for LGBTQ+ individuals, yet it is often overlooked until it is too late. Whether you are married or not, you should consider drawing up a Will, a statutory durable power of attorney, a medical power of attorney, a power of attorney to dispose of remains, and review possible beneficiary designations to ensure your wishes are honored in the event of your passing.

In this series of blogs, I have outlined various different types of probates and probate alternatives to help you settle an estate and understand the potential costs. A dependent administration is significantly more expensive than any other type of probate. Wise estate planning could avoid this high cost.