Wills, Probate & Powers of Attorney

Wills and Probate:

A last will and testament is simply a set of written instructions as to how to distribute one’s assets upon their death, and who is to be in charge of overseeing that distribution.  To die without a will (intestacy) leaves this decision to the legislature.  The Texas Probate Code contains a statutory formula for the distribution of an intestate estate. 

One might think that your surviving spouse takes the entire estate upon your death.  This is not always the case.  For example, if you have children from outside your current marriage, your spouse will only inherit one-third of your separate property and the children split two-thirds of the separate property estate.

To be certain your wishes are carried out after you are gone, one needs a properly drafted last will and testament.  In most cases, a properly drafted will allows quick and inexpensive probate: the process of proving the will to be genuine and authorizing the executor, or personal representative to begin the distribution of the estate assets.  By using a properly drafted last will and testament, one can plan for guardianship of their minor or special needs children and establish a testamentary trust for their future care.

At Currier & Martin, we have decades of experience assisting our clients in drafting their wills.  Call today for our will checklist and let us tailor a last will and testament to your specific wishes.

Powers of Attorney:

A power of attorney is a document whereby you allow another person to undertake actions on your behalf when you are unable or unavailable to do so.  Texas recognizes several types of powers of attorney.

Statutory Durable Power of Attorney

The statutory durable power of attorney is a document that allows the person giving the power, the “principal” to assign the ability to undertake certain activities to another, the “attorney-in-fact”.  This type of document is especially handy when the principal is unavailable or unable to act on their own behalf. 

Durable Power of Attorney for Healthcare Decisions

A healthcare power of attorney provides your attorney-in-fact the ability to make your healthcare decisions on your behalf but only if you are unable to do so yourself. 

Directive to Physicians (Living Will)

A directive to physicians, sometimes known as a living will, is a document that instructs your doctors and your loved not to employ artificial means to prolong the moment of your death in the event that one has been determined to be clinically dead.  It is, in effect, an instruction to pull the plug on the machines and allow you to die naturally.  This issue was illustrated by the story of Terri Schiavo, the Florida woman who spent 15 years in a vegetative state and caused a nation-wide debate over an individual’s right to die.

Call today for a consultation.