HOUSTON, TX - Estate planning gives families control over who receives assets, who makes medical and financial decisions during incapacity, and how loved ones are cared for after death. Houston estate planning attorney Whitney L. Thompson of The Law Office of Whitney L. Thompson (https://www.wthompsonlaw.com) helps families throughout Harris County protect their legacies and prepare for the future through comprehensive estate plans.
According to Houston estate planning attorney Whitney L. Thompson, everyone needs an estate plan regardless of age or wealth. Estate planning addresses two critical scenarios: what happens when someone dies and what happens if they become incapacitated. "Without an estate plan, Texas law and the courts make these choices for you, which may not reflect your wishes," Thompson explains. "The court will appoint someone to manage your affairs, distribute your property according to rigid state formulas, and even decide who will care for your minor children."
Houston estate planning attorney Whitney L. Thompson emphasizes that most estate plans include several core documents working together. A last will and testament directs how property should be distributed after death, names an executor to handle estate administration, and designates guardians for minor children. Under Texas Estates Code § 251.051, most wills must be in writing, signed by the testator, and attested by two credible witnesses. "A will takes effect only upon death, which means it provides no help if you become incapacitated during your lifetime," Thompson notes.
Thompson adds that trusts offer significant advantages for avoiding probate and maintaining privacy. Living trusts allow individuals to maintain control during their lifetime while ensuring assets pass directly to beneficiaries without court involvement after death. "The primary advantage of a trust is probate avoidance," she advises. "Assets held in trust pass directly to your beneficiaries without court involvement, which saves time and money and remains private."
Financial powers of attorney and medical directives provide protection during incapacity. A financial power of attorney authorizes someone trusted to manage finances and legal affairs if the principal becomes unable to do so. A medical power of attorney designates someone to make healthcare decisions when the individual cannot communicate. "Without a financial power of attorney, your family must petition the court for guardianship if you become unable to manage your own affairs," Thompson observes. "The guardianship process can be time-consuming, expensive, and invasive."
Probate in Texas typically takes at least six months and often extends to a year or longer. For Houston residents, probate occurs in Harris County Probate Courts. "During this time, estate assets are generally frozen, which means beneficiaries cannot access them," Thompson states. "Court filing fees, publication costs, attorney fees, and executor compensation all reduce the value of the estate before distribution."
Special considerations arise for families with children who have disabilities. A Special Needs Trust allows families to provide financial support throughout the child's lifetime without disqualifying them from critical government benefits like Supplemental Security Income and Medicaid. "The trust is managed by a trustee you select, who uses the funds to pay for expenses that government benefits don't cover," Thompson explains.
Estate plans should be reviewed every three to five years and after major life events such as marriage, divorce, births, deaths, or significant changes in assets. Texas Estates Code § 123.001 states that divorce automatically revokes provisions in a will that benefit an ex-spouse, but it does not automatically remove them as beneficiaries on retirement accounts, life insurance policies, or powers of attorney. "Each of these documents must be updated separately to ensure your ex-spouse doesn't inherit assets or gain authority over your medical or financial decisions," Thompson advises.
For Houston families seeking to protect their assets and plan for the future throughout Harris County and surrounding counties, contacting an experienced estate planning attorney may provide comprehensive guidance on wills, trusts, and healthcare directives.
About The Law Office of Whitney L. Thompson:
The Law Office of Whitney L. Thompson is a Houston-based law firm dedicated to estate planning, probate, guardianship, and family law matters. Led by attorney Whitney L. Thompson, who began her career advocating for residents through Thurgood Marshall School of Law's wills, probate, and guardianship clinic, the firm serves clients throughout Harris, Fort Bend, Brazoria, Montgomery, Matagorda, and Wharton counties. For consultations, call (281) 214-0173.
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Email: info@wthompsonlaw.com
Website: https://www.wthompsonlaw.com/
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Company Name: The Law Office of Whitney L. Thompson, PLLC
Contact Person: Whitney L. Thompson
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Phone: (281) 214-0173
Address:4201 Farm to Market 1960 Rd W Suite 360, Box #116B
City: Houston
State: Texas 77068
Country: United States
Website: https://www.wthompsonlaw.com/
