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  • Willing Goodness - Goal Driven Planning

    Your Will is your last opportunity to accomplish your goals for your family and estate. Whether you want to promote self-sufficiency, encourage education or entrepreneurship, or simply provide a basic level of support, your estate plan should be driven by your goals. Thus, keep those goals in mind when completing this worksheet.
  • All wills drafted by the Duran Firm have the following features which address the near-universal goals of our clients:

      Independent administration


    Allows for the quick and efficient administration of your estate by allowing your estate to be probated and administered with the absolute minimum of court involvement required under Texas law.

      Alternate distribution
    plans


    The Will provides for alternate plans if one or more of the designated primary beneficiaries dies before the Testator, thus eliminating the need to constantly revise the Will.
     
     
      Trusts for
    minor beneficiaries


    The Will provides for a trust in case a child becomes an heir to the estate, thus eliminating a costly court-supervised guardianship of that minor's estate.

     

    No contest 
    clauses
     
     

    Provides for the disinheritance of any would-be beneficiary who challenges the estate plan in bad faith.

      Formal Will execution ceremony

     
    The attorney leads the testator and witnesses through the execution of the Will using a script created by a Texas wills and estates professor.  This process makes it difficult to successfully challenge the Will.

      Self-Proving Affidavits





    As the Will is executed, the testator and witnesses all testify about the process of signing of the Will.  This provides evidence to the court that the Will was executed in accordance with Texas law, thus eliminating the need of finding a witness when submitting the Will to the probate court.

     Let's get started!

  • Now tell us the details.

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  • Financial Fiduciaries (Agents, Guardians, Executors, and Trustees)

    A fiduciary is someone who accepts the responsibility for taking care of the property of another person for the benefit of that person. Your estate plan will include the appointment of financial fiduciaries.

    Qualities to look for in fiduciaries:

    1. responsible, business-like adults;
    2. never been convicted of a felony;
    3. preferably have their own money so they are not tempted to dip into yours;
    4. at least one agent should be relatively young so that you don't outlive all of your fiduciaries;
    5. other beneficiaries are often alternates.  

    These people will fill the following roles in your estate plan:

    Agent:  the person responsible for taking care of your property while you are still alive pursuant to a Power of Attorney.

    Guardian:  the person responsible for taking care of your property while you are still alive pursuant to a court appointment.

    Executor:  the person who will be responsible for probating your Will, paying your last debts, filing tax returns, and distributing the assets of the estate to your beneficiaries.

    Trustee:  the person who will be responsible for the long-term management of any property left in trusts for your beneficiaries.

  • Professional Trustee

    For some people, the thought of leaving a $5 million trust under the supervison of a brother-in-law that likes to dabble in the market causes some concern.  For larger estates, the Duran Firm recommends that clients consider having a professional trustee oversee the long-term management of trusts left to their children.

  • Last Will and Testament

  • Please describe who will receive your property at your death.  Please remember that "pay on death", "transfer on death", and other similar beneficiary designations on your accounts take priority over the terms of your Will.

  • Control from the Grave

    Distributing your estate to the beneficiaries pursuant to a trust allows for you to control the use of the assets after you die.


  • Powers to be granted in the Power of Attorney

  • Medical or Health Care Agents in case of your Incapacity


    Please designate medical agents who will be responsible for making personal and medical decisions for you in the event you are unable to do so. These persons will be named as your Agents in a Medical Power of Attorney and will be named as the Guardians of your Person in a Designation of Guardian form.

  • Living Will –

    Your wishes in case of permanent or terminal medical incapacity will be expressed in your Living Will, also referred to as a Directive to Physicians.

  • When death is expected within six months, no matter what.

    If, in the judgment of my physician, I am suffering with a terminal condition from which I am expected to die within six months, even with available life-sustaining treatment provided in accordance with prevailing standards of medical care:

  • When death can be delayed indefinitely; example = feeding tube.

    If, in the judgment of my physician, I am suffering with an irreversible condition so that I cannot care for myself or make decisions for myself and am expected to die without life-sustaining treatment (such as a feeding tube) provided in accordance with prevailing standards of care:

  • Care and Custody of Your Minor Children

    Please designate the persons who will take physical care of your minor children should both parents die or become unable or unavailable to make healthcare decisions

  • The authority granted to any temporary Health Care Surrogate shall include, but not be limited to the following (check all that apply):


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