Probate & Guardianship

An executor is a person you choose to appoint to carry out your wishes and desires detailed in your will after you pass away. Texas allows you to have your executor be an “independent executor,” which basically means, your executor has as little court supervision as possible. Choosing to have an independent executor can save you a lot of time and money; in addition to expediting the whole probate process.Answer here.

In the event your loved one passes away without a will, then the entire estate, ie: assets, property, debts, etc will belong to the State of Texas. The state will have the ability to decide how everything is distributed; most likely to the beneficiaries appointed by your loved one. Dying without a will also means you and your loved ones will most likely have to attend probate court.

Yes, with one caveat. It is called a Holographic Will. But it is only valid if the Entire Will is Completely Written in the deceased person’s handwriting.Answer here.

There are four types of guardianship in the state of Texas: Guardian of the Person: The appointed guardian is responsible for providing for the basic needs, care and supervision of the ward. This includes, but is not limited to: food, clothing, shelter, insurance, medical treatment, etc…. Guardian of the Estate: The guardian is held responsible for the ward’s property and financial means only.. Guardian of the Person and Estate: The appointed guardian is responsible for taking care of all the ward’s needs. Those all include: physical, emotional, mental, spiritual and financial needs. Temporary/emergency guardianship: Temporary guardianship is assigned to the proposed guardian until a decision is reached by the court. In Texas, only one person can be appointed as the guardian of the person or estate. However, one person can be appointed guardian of the person and another person appointed guardian of the estate if the judge believes it is in the best interest of the incapacitated person or ward.

Depending on the type of guardianship that was established a guardian’s responsibilities include:

• After the guardianship is approved by the judge, the guardian is required to post a bond as well as submit an annual report regarding how the ward is doing.
• Provide for all the ward’s needs (physically, emotionally, mentally, spiritually and financially)
• File annual account details with the estate’s receipts and expenses throughout the year
• Manage the estate assets of their ward
• Filing an inventory of the ward’s assets
• Requesting the court’s permission and approval for some actions taken on behalf of the ward

Depending on the type of guardianship that was established a guardian’s responsibilities include:

• After the guardianship is approved by the judge, the guardian is required to post a bond as well as submit an annual report regarding how the ward is doing.
• Provide for all the ward’s needs (physically, emotionally, mentally, spiritually and financially)
• File annual account details with the estate’s receipts and expenses throughout the year
• Manage the estate assets of their ward
• Filing an inventory of the ward’s assets
• Requesting the court’s permission and approval for some actions taken on behalf of the ward

Some alternate options are, but not limited to:

• Appoint a medical power of attorney
• Appoint a durable power of attorney
• Appoint a representative to manage the public benefits of the proposed ward
• Establish a joint bank account
• Create a management trust
• Create a special needs trust