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San Antonio Estate Planning Lawyer

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Often times, people assume that estate planning is only for the “wealthy” or the “elderly,” but the truth is, putting an estate plan in place should be a priority for everyone. Regardless of the size of your estate, there is always some type of administration required after someone dies. Having a plan not only helps to expedite this process, but it also eases the burdens, costs, and expenses for our loved ones left behind. While planning for our passing is large part of an estate plan, focusing on that aspect alone ignores several critical issues, like disability or illness. At Rosenblatt Law Firm, our dedicated estate planning attorneys have experience in formalizing comprehensive plans that prepare for all stages of life.

Our San Antonio estate planning attorneys are also dedicated to tailoring each plan to fit your unique circumstances. Whether its planning for mixed-families, asset protection, estate tax avoidance, probate prevention, preserving government benefits through special needs trusts, or qualifying for Medicaid, our estate planning attorneys are here to assist in accomplishing your specific estate planning goals and needs.

While this can be a difficult area to discuss or even contemplate, failing to address your estate plan can, and often does, leave your wishes unfulfilled and your loved ones with painful, difficult, and costly decisions. Estate planning with the Rosenblatt Law Firm benefits not only you, but also those you love, and as such, is a responsibility our attorneys take very seriously.

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    What our estate planning lawyers Helped Our Clients Achieve

    • Preparation of estate plans to include wills and trusts, durable and medical powers of attorney, declarations of guardian for children, and advanced directive to physicians
    • Creation of Irrevocable Life Insurance Trusts (ILITs) to provide liquidity for potential estate taxes
    • Implementation of Special Needs Trust, both first and third party, to preserve government benefits
      Implement estate planning tools to offer asset protection against potential creditors and judgments
    • Work with clients’ financial advisors to offer hands-on approach in the estate planning process
      Implemented estate planning tools to maximize transfer of estate and promote efficient probate

    PROBATE

    “Probate” refers to the legal process of transferring certain types of assets from a loved one’s estate after they die to that individual’s beneficiaries or heirs, depending on whether that person died with or without a Will. When someone dies with a Will, it is called dying “testate,” and the estate passes to the named beneficiaries under the Will once it has been admitted in a court of law. If someone dies without a Will, it is called dying “intestate,” and the estate passes to the individual’s natural heirs at law, which has been predetermined by the Texas Legislature. A person’s heirs must be established in a court of law before the estate can be distributed.

    Both the testate and intestate probate process can be a daunting and overwhelming task. Having an experienced attorney who can maneuver through the court system on your behalf is crucial for efficiently administering the estate, as well as saving on costs and expenses. Losing a loved one is hard enough. The last thing you should be worried about is getting through the probate process. Let our team of attorneys at Rosenblatt Law Firm shoulder this responsibility and ease you through the process.

    WHAT OUR PROBATE LAWYERS HELPED OUR CLIENTS ACHIEVE

    • Probate attested, self-proven, and holographic wills
    • Direct clients through the intestacy probate process
    • Successfully administered independent and dependent administrations
    • Represent clients as beneficiaries and/or heirs of an estate to protect their interests

    GUARDIANSHIP

    Guardianship is a court-established relationship between two parties: a “ward” and a “guardian.” A “ward” is an individual who is experiencing some type of incapacity which requires the appointment of a trusted individual to make decisions on the ward’s behalf, known as a “guardian.” The term “incapacity” is defined in the Texas Estates Code, but it can range anywhere from a minor who has inherited money or other assets from an estate (usually an intestate situation), or a child who turned 18 who suffers from a severe cause of autism or intellectual disability who still needs a parent to make decisions for them, to an elderly parent experiencing dementia or Alzheimer’s.

    When a loved one is experiencing an incapacity, a guardianship may be necessary. Our team of attorneys at Rosenblatt have experience in helping clients through all different types of guardianship, including both minor and adult guardianships, temporary and permanent guardianships, and guardianships of the person and/or estate.

    While guardianships may be necessary in some cases, it is important to note that courts consider this the most restrictive legal relationship it can establish over someone, and less-restrictive alternates should always be considered before a guardianship is created. Our team of attorneys also has experience in defending clients from unwanted guardianship cases. No matter what the situation, our team is here to help you through your guardianship needs.

    WHAT OUR GUARDIANSHIP LAWYERS HELPED OUR CLIENTS ACHIEVE

    • Obtain guardianships over person and estate for a variety of individuals
    • Prepare and submit annual reports and accountings for existing guardianships
    • Successfully defended against unnecessary guardianship suits

    Guardianship is a court-established relationship between two parties: a “ward” and a “guardian.” A “ward” is an individual who is experiencing some type of incapacity which requires the appointment of a trusted individual to make decisions on the ward’s behalf, known as a “guardian.” The term “incapacity” is defined in the Texas Estates Code, but it can range anywhere from a minor who has inherited money or other assets from an estate (usually an intestate situation), or a child who turned 18 who suffers from a severe cause of autism or intellectual disability who still needs a parent to make decisions for them, to an elderly parent experiencing dementia or Alzheimer’s.

    When a loved one is experiencing an incapacity, a guardianship may be necessary. Our team of attorneys at Rosenblatt have experience in helping clients through all different types of guardianship, including both minor and adult guardianships, temporary and permanent guardianships, and guardianships of the person and/or estate.

    While guardianships may be necessary in some cases, it is important to note that courts consider this the most restrictive legal relationship it can establish over someone, and less-restrictive alternates should always be considered before a guardianship is created. Our team of attorneys also has experience in defending clients from unwanted guardianship cases. No matter what the situation, our team is here to help you through your guardianship needs.

    FREQUENTLY ASKED QUESTIONS

    How much does it cost to hire a San Antonio estate planning attorney?

    It depends on several factors. Is this a first or second marriage? Are their children from different relationships? Are the kids minor or do they have issues with disability or incapacity? Are we concerned about estate taxes and need more advanced tax planning? Is asset protection a concern? This list goes on! For a very simple basic plan though you are probably looking at $1,500 to $2,000 but that number could be less or more. It all depends!

    How often should I update my estate plan?

    Estate plans should be reviewed on an annual basis to ensure the people you have listed as your agents or executors are still the people you want. Estate plans should be updated if upon review there has been a change in circumstances with the people you initially entrusted to fulfill these roles and with major life events, such as a death in the family, a divorce, or the birth of a new child.

    What is an executor?

    An Executor is nominated within a Last Will and Testament to ensure that your final affairs get taken care of as well as to ensure that your assets get distributed in accordance with your requests as specified within the Will. Before an Executor can act in this capacity though, he or she must first qualify before a Judge in a court of law. This occurs through the process of probating the Will. There are several disqualifying factors as a matter of law that one should be made aware of before picking someone, including having a felony conviction, so it is always important to name someone who you trust but who will also legally be able to serve in that role.

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