Estate Planning
Don’t Just Get Documents- Get a Plan
In today’s world, it’s easy to find boilerplate “legal” documents on the internet or through AI. But are those documents specific to Texas law? Do they really serve your needs, or are they one-size-fits-all? Once you have them, do you really understand what they do, or how to use them?
Creating legal documents is a necessary part of any estate plan, but it’s only a part. Having your estate plan crafted by an elder law attorney will ensure that not only do you have documents that fit your specific situation- you’ll know what the documents actually mean, what they are for, and how to use them when the time comes.
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A Will is a legal document that states how your assets are to be distributed after your death, and appoints a person to be in charge of handling your estate (called an Executor). Without a Will, the State of Texas decides who inherits your estate, so a Will is a necessity to make your wishes known. Wills have very specific requirements to be valid in Texas — don’t leave yours up to chance (or one-size-fits-all internet forms).
We offer Wills for individuals or couples, and have packages that include a comprehensive set of powers of attorney. All of our services are billed at a flat-fee rate - you will never be charged for asking questions, or left wondering what the ultimate cost will be.
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Powers of Attorney are documents that allow you to appoint a legally authorized representative to handle your financial and medical affairs in the event of incapacity.
These documents are incredibly important - without them, you may be the subject of a court’s guardianship proceeding if no one has authority to act and you become incapacitated.
Our POA package includes not only medical and financial powers of attorney, but a comprehensive set of documents that allow the person of your choosing to act on your behalf if necessary.
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Revocable Living Trusts are an estate planning tool that provides for the management and distribution of your assets both during your life and after death. If fully and properly funded, a Revocable Living Trust may allow your family to bypass the probate process after your death.
Living Trusts can become complicated, and are not necessary for everyone. But if you have complex assets, real estate in multiple states, or a blended family, a Revocable Living Trust may be the ideal estate planning vehicle for your situation.
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These are special types of deeds that allow you to pass real estate at your death, outside of the probate process.
Just as importantly, these deeds can protect your home from the Medicaid Estate Recovery Program in the event you ever need long-term care benefits through Medicaid.
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Unable to make it to our office? We offer house calls — our attorneys will come to your home, hospital or facility, to help set up an estate plan that works for you.
Ensure Your Legacy with Experts
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Do you have your affairs in order?
Oftentimes, people think that estate planning is only for the wealthy, but this simply isn’t true. Everyone needs to plan ahead.
We can sit down with you and discuss your circumstances to determine exactly what documents you need. You may just need a simple will. On the other hand, you may have a more complicated situation where you are planning for a beneficiary who is on Medicaid or SSI, and a trust may be more suitable for your family.
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Why do I need a will?
If you die without a will, Texas has a cookie-cutter formula that distributes your assets upon your death. Going through probate without a will can be confusing, expensive, and emotional. Bertsch & Boze Elder Law, PC, can help you put a will or a trust in place to ensure your assets transfer to the people of your choosing upon your death.
Not only is death part of life, but unfortunately, so is sickness and incapacity. Many of us will get sick and lose the ability to make decisions for ourselves before we die. We can help you put a good estate plan together that includes powers of attorney for medical and financial decisions. This will make things easier for you and your family because doctors and banks will know who to talk to when a crisis arises.
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Why Use an Elder Law Firm?
Doing your estate plan with an elder law firm means you’re not just planning for what happens “someday”—you’re protecting your family from the real-life issues that can happen while you’re living, like long-term care costs, Medicaid rules, incapacity, and caregiver needs.
An elder law-focused plan looks beyond a basic will. It helps ensure you have the right legal documents in place if you become ill or need help managing finances, and it can include strategies to preserve assets and avoid unnecessary expenses during a nursing home stay.