W. Timothy Weaver
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Houston Texas Probate Attorney W. Timothy Weaver

Houston Probate and Estate Planning Lawyer

Practice Area Information

Estate Planning

W. Timothy Weaver

This area of law deals with planning for the inevitability of death, such as obtaining life insurance to pay for the costs of a funeral, preparing a simple Will, and other preparations. More comprehensive planning, such as preparing a more complex Will, Trust, and related estate planning documents may also be needed. It depends on the size of your estate and how comprehensive your needs are. We handle a variety of estate planning matters, including planning for the distribution of an individual’s property at his or her death and taking into account wills, taxes, insurance, property, and trusts so as to gain the maximum benefit of all laws, while, at the same time, carrying out the person’s wishes.

Probate

Probate is the legal process by which a person’s debts are paid and assets are distributed upon his or her death. Individual state laws direct the probate court how to distribute the deceased’s estate. State laws and procedures vary greatly, so it is important to consult a firm with expertise in this area of the law to ensure that the deceased’s assets are distributed correctly. Probate consists of laws dealing with the validity of wills, administration of estates and sometimes over the affairs of minors and persons adjudged incompetent. Texas has a simple and cost effective process to probate a properly drafted will.

Trusts

This area of law creates a fiduciary relationship in which one party holds legal title to another’s property for the benefit of a party who holds equitable title to the property. Living Trusts are generally not necessary in Texas since Probate Courts are very reasonable, but can be a very effective tool in certain circumstances. In order to establish a secure and regular income for loved ones left behind, many clients seek advice on Trust establishment and administration. By maintaining your assets in a Trust, you can at times minimize taxes and leave a larger inheritance. A Trust is also a way to provide a steady income to the Beneficiary over the course of time, rather than distribution in a lump sum. This strategy can reduce the Beneficiary’s tax and allow the Trust to grow through investment and keep assets free from creditors of the Trust beneficiary. Trusts can also be established for the benefit of charitable organizations.

Power of Attorney

Powers of Attorney are governed by the law of agency, a branch of common law concerned with the delegation of power from one person, generally called the principal, to another, called an attorney-in-fact or agent.

When a person becomes incapacitated, the government or the court often steps in and appoints someone to represent and make legal decisions that the person would have to make. One of the ways to avoid government or court intervention, and the appointment of a stranger to act as your guardian, is to use a Power of Attorney. A Power of Attorney is a written document stating that one person gives to another the full power and authority to represent him or her or it can be limited in scope. There are two types of Power of Attorneys, one covering assets and one covering health care decisions.

Real Estate

Our firm represents clients in all proceedings and transactions that deal with real property and the structures attached to it including residential purchase and sale, mortgages and foreclosures, leases, closings, and management. Our firm represents clients in buying and selling of both commercial and residential real estate; landlords and tenants in drafting and negotiating real property leases; foreclosures; forcible detainer (eviction) actions as well as preparing agreements for co-ownership of real property between unmarried couples.

Wills

A will is a person’s declaration of how one wants their property distributed after death. Because there are complex laws regarding the validity of any will, it is important to consult with an attorney with knowledge and experience. It is also true that these laws vary from state to state. Be sure to consult with an attorney who continually seeks out changes in the laws to be sure your wishes are honored after your death.

Elder Law

As the population grows older and lives longer, new legal challenges arise. Issues such as financial planning and long term care arrangements can be daunting. We are skilled at reviewing every client’s goals and assets to determine the best choices for each individual. Elder law includes a vast range of issues but has a specific type of person in mind, seniors. Elder law focuses on the legal needs of the elderly, and encompasses a variety of legal techniques to meet the objectives of the older client. Elder law includes general estate planning issues, counseling and planning for incapacity with alternative decision making documents, and planning for possible long-term care needs, including nursing home care. Determining the appropriate type of care, coordinating private and public resources to finance the cost of care, and working to ensure the client’s right to quality care is all part of elder law.

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Contact Info

W. Timothy Weaver
Attorney at Law
1330 Post Oak Blvd., Suite 2877
Houston, Texas 77056
Call Toll Free: 866-721-7036

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The information contained in this website is intended to convey general information. It should not be construed as legal advice or opinion. It is not an offer to represent you, nor is it intended to create an attorney-client relationship.

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