Frequently asked questions.

Yes. Estate planning is less about the size of your estate than about who makes decisions if you cannot, who cares for your children, and how your affairs are handled after your death. A basic plan is meaningful at every level of wealth.

A will directs how your assets are distributed after probate. A revocable trust holds assets during your lifetime and passes them outside probate, providing privacy and a smoother administration for your family.

We recommend a review every three to five years, and any time there is a major life event — marriage, divorce, a new child or grandchild, a significant change in assets, or a move to another state.

A Lady Bird deed — an enhanced life estate deed — lets you keep full control of your Texas home during your lifetime and pass it automatically to named beneficiaries without probate. It can be useful in some Medicaid and estate planning strategies.

Texas homestead law protects a qualifying home, and state law exempts certain personal property, insurance proceeds, and retirement accounts. Beyond those exemptions, an asset protection trust can add another layer of protection when planned in advance.

No. Because you can revoke or change a revocable trust, Medicaid counts those assets as available to you. Asset protection usually requires an irrevocable trust or other strategy with a Medicaid look-back in mind.

Yes. A properly drafted irrevocable trust or retained life estate can preserve your right to occupy the home while moving its value outside your countable estate for Medicaid purposes, subject to the five-year look-back.

Not necessarily. Crisis planning tools — such as spousal annuities, promissory notes, and protected resource amounts for a community spouse — can still preserve meaningful assets under Texas Medicaid rules.

Ideally, more than five years before care is needed, because most transfers are subject to a five-year look-back. That said, meaningful planning is possible even in a crisis — do not assume it is too late.

Not necessarily. The home is often an exempt asset during your lifetime, and estate-recovery risk can often be reduced through careful planning done in advance.

Medicare covers only short-term, skilled rehabilitation — typically up to 100 days, and often less. Long-term custodial care is not a Medicare benefit; that is where Medicaid or private resources come in.

A Miller trust, or Qualified Income Trust, allows Texans who earn more than the Medicaid income cap to become income-eligible by depositing excess income into a trust that pays toward care. It is a common tool in Texas Medicaid nursing-home cases.

No. Assets held in trust, joint accounts with rights of survivorship, and accounts with named beneficiaries pass outside probate. A well-designed plan often avoids probate entirely.

In Texas, an independent administration can often be substantially resolved in six to nine months. Contested matters or complex estates can take considerably longer.

Yes. That is one of the most common reasons families call us. We can guide you through every step or handle the filings on the estate's behalf.

Independent administration is the most common probate path in Texas. The executor acts with minimal court supervision, which makes the process faster and less expensive than a dependent administration.

Common grounds include lack of testamentary capacity, undue influence, fraud, duress, and improper execution. A will contest must usually be filed within two years after the will is admitted to probate.

Warning signs include a sudden change in estate documents favoring a new caregiver, isolation from family, secretive meetings, rushed signing, and a beneficiary who played an active role in preparing the documents.

In Texas, most will contests must be filed within two years after the will is admitted to probate. Some claims, such as fraud, may have a different deadline. Acting quickly protects your rights.

Yes. A court can remove an executor or trustee for misconduct, conflict of interest, failure to account, or breach of fiduciary duty. Beneficiaries can also petition for an accounting or surcharge for losses.