Estate Planning + Probate — Halberd Law Group

Practice area 04

Estate Planning + Probate

What we handle

  • Wills and testamentary trusts
  • Revocable and irrevocable living trusts
  • Powers of attorney — financial and healthcare
  • Advance healthcare directives
  • Beneficiary planning — retirement accounts, life insurance
  • Probate and estate administration

How we approach estate planning + probate

Estate planning is not about anticipating death — it is about controlling what happens to the people and things you care about when you can no longer control it directly. That framing shapes every document we draft.

We begin every estate planning engagement with a complete asset inventory and a conversation about your specific concerns: protecting a child with special needs, preventing a family dispute, minimizing estate tax exposure, keeping a business intact. The documents follow from that conversation.

Probate and estate administration require attention to court deadlines, creditor claims, and beneficiary communication. We manage the process so that the family is not managing paperwork during a period of grief.

Example matters

Situation

A married couple with a closely held business and two minor children had no estate plan. The business had no buy-sell agreement.

Outcome

We drafted wills with testamentary trusts for the children, a revocable living trust to avoid probate for the surviving spouse, a buy-sell agreement funded by life insurance, and healthcare directives for both spouses.

All case descriptions are anonymized. Past results do not guarantee future outcomes. Each matter depends on its specific facts and applicable law.

Common questions

What is the difference between a will and a trust?
A will takes effect at death and must pass through probate — a public court process. A revocable living trust takes effect immediately, avoids probate, and provides for incapacity management during your lifetime. Many estate plans include both.
Does Texas have an estate tax?
Texas has no state estate or inheritance tax. Federal estate tax applies to estates above the federal exemption amount ($13.61M per individual in 2024). For larger estates, we coordinate with your financial advisor on tax-efficient structuring.
What happens if I die without a will in Texas?
Texas intestacy laws determine who inherits — and the distribution may not match your intentions. For married individuals, the outcome depends on whether property is separate or community. For unmarried individuals, the result can be counterintuitive. A will is the only way to control the outcome.
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