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Harlingen Estate Law Blog

Things to consider when choosing a legal guardian for your child

If you have minor children and are beginning the estate planning process, you should think about guardianship. Your children should have a legal guardian in the event you die while they are still minors. You might have trouble deciding between family members and friends. How do you choose the right person?Everyone has their pros and cons, but there are some guidelines to keep in mind. Read below for some things to consider while choosing a guardian for your children.

1. Location

What can an estate executor do without court involvement?

Establishing a will or trust is imperative if you want to provide for your loved ones and prevent the hassle of probate after you pass. Part of planning your estate will entail designating the beneficiaries, trustees and executor. The latter of these—an executor—is responsible for distributing the property of the decedent. There are many other duties an executor will have, too, as part of the position.

You might wonder, though, what the parameters of this power are. There are many actions an executor may take without involvement or intervention from a court. Acquiring legal counsel from an attorney, however, may help executors avoid costly mistakes.

3 strategies for avoiding probate in Texas

As you begin to plan for the future of your estate, you may be worried about the thought of probate. While probate is not inherently evil, you might want to reduce the amount of your estate that goes through it. The costs and time involved with probate can put a lot of stress on your heirs. You may also not be a fan of the loss of privacy and control of the process.

You might have a lot of questions about avoiding probate and implementing the best estate plan. Keep reading for the best tactics for avoiding or reducing probate for your estate.

Understanding the duties of an executor

When drafting a will in Texas, appointing an executor is an important task requiring careful thought. If you do not appoint an executor, the court may appoint someone to oversee your estate. However, choosing the right executor in advance can help ensure your wishes are followed when the time comes to distribute the estate.

Once a will comes to probate, the court must officially appoint the named executor before he or she can begin carrying out legal duties. In most cases, unless challenged, this appointment tends to be routine.

Understanding the terms of a guardianship

There are many factors that may lead you to seek control over a family member's affairs. If your parents are aging or becoming senile and it is too late to invoke power of attorney, you may consider a guardianship as an alternative solution. This is ideal for situations in which you need to oversee medical care and finances, too. Whether you are seeking to serve as guardian for a parent or another family member, you should know the following facts before you decide to pursue a guardianship.

Important considerations when choosing an executor

An estate plan is set up to ensure that after you pass away, the distribution of your assets and belongings is how you intended. Once you have an estate plan set up, you need an executor to oversee the dispositions of your possessions and property, but who should you choose to handle this extensive task?

An executor may be tasked with continuing necessary payments, paying income taxes, wrapping up your final affairs and even contacting those who stand to inherit in your will. The executor should be someone who you trust implicitly.

Why is long-term planning so important?

When you are facing the reality of your retirement and the fact that you may not be able to care for yourself or a family member as you age, it is often difficult to make decisions about long-term planning and long-term care. There are many reasons that you should have some type of long-term plan in place well before you are ready for it.

What is long-term care?

If you need assistance with daily living activities for more than 100 days, this is defined as long-term care. Daily living activities include dressing, toileting, eating, transferring to and from bed, bathing and continence.

Building your credit score before buying a house

People in Harlingen who are interested in purchasing real estate should take some time to build their credit scores first. There is a lot of excitement about conventional and FHA loans and people not needing perfect credit to qualify for mortgages. But people who finance homes with lower credit scores often end up with unattractive interest rates and loan terms that could affect their ability to keep their properties in the future.

4 differences between a health care directive and a health care power of attorney

If you or a loved one is in failing health, it is wise to take precautions that ensure their wishes will be respected when it comes to care and treatment. There are several ways to do this, but documenting the necessary directions is essential to establishing a protocol for any medical attention received. Health care directives and health care power of attorney are two options to consider, and they are commonly confused, but these four differences may help you decide which is best.

When guardianship may be a good idea

There are few things in life as difficult as seeing a parent lose to ability to care for himself or herself. It is around the holidays that many Texas residents come to this realization after spending more time than usual with their loved ones.

Perhaps they notice that mom or dad is forgetful, confused or malnourished. Maybe they visit the loved one's home and are shocked to find things in disarray. Or, maybe a sibling discovers that bills are not being paid or doctor's appointments are being missed.

These are all red flags that the elderly loved one needs help. If the situation is serious enough, the family may want to consider legal guardianship.

Mccullough & Mccullough

Serving South Texas For Three Generations

Office Location

323 E. Jackson Street
Harlingen, TX 78550

Phone: 956-320-1320
Fax: 956-423-4976
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