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Estate Planning, Probate, and Guardianship

Every adult should have a basic estate plan. Such a plan, of course, includes a will, which provides for the orderly distribution of property upon one's death in accordance with one's wishes. It also includes important disability documents: a statutory durable power of attorney (for financial matters); a medical power of attorney (for health care decisions); an advance directive to physicians (also known as a living will); designations of guardianship for minors (where applicable) and in the event of later incapacity; and HIPAA releases for family members (so that health care providers can share information with family members). Having a basic estate plan in place brings peace of mind and, just as importantly, spares one's family members the greater expense associated with distributing one's property if a will has not been prepared and executed.

David Weiner provides representation in estate planning -- preparing clients' wills, trusts, and essential disability documents. He also represents clients in probate proceedings, including probate of wills with independent administration, probate of wills as muniment of title, and small estate affidavits and heirship proceedings in cases of intestacy (where an individual has died without leaving a will). He has been trusted by probate court judges to serve as a successor administrator and as an administrator upon a creditor's application, and he has years of experience as an attorney ad litem for unknown heirs in heirship proceedings and for proposed wards in guardianship proceedings. 

When you contact David Weiner for estate planning services, he will review your family and financial situations to determine what documents will best address your needs. Flat-fee estate planning is available for clients who do not have large estates or unusual needs. Hourly billing is available when circumstances indicate the need for more intensive planning, such as second marriages and blended families, or when estate tax and income tax considerations come into play.

Contrary to widespread belief, probate need not be a difficult, time-consuming, or expensive process, at least not in Texas, which has one of the most streamlined probate systems in the country. As a result, simple probate of a will can often be handled on a flat-fee basis, while hourly billing may be more appropriate for more complex situations, including probate where an individual has died without leaving a will.

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