What's unique about your state speaking for estate planning and why do you think that may matter to a prospective client?

In Texas, the concept of rights of survivorship is not automatically assumed, which is unique compared to some other states. This means that if one spouse passes away, their share of the property does not automatically transfer to the surviving spouse, even if both names are on the title. Unless specified in the estate plan, this situation could lead to probate, which can be time-consuming and costly. Understanding and addressing this aspect is crucial for effective estate planning in Texas.

What do clients in your communities ask most about, and what do you think they care about most?

Clients frequently inquire about nursing home planning, particularly strategies to prevent Medicaid from seizing their home if they require long-term care. They are also concerned about avoiding probate and asset protection in blended families, ensuring that inheritances are directed correctly among children from previous relationships.

What do you like best about your community?

What stands out most is the thoughtfulness of the people in our community. Many who attend our workshops or seek to create estate plans are genuinely invested in easing future burdens for their families. It's rewarding to work with individuals who are so dedicated to proactive planning.

Why is Oath the right choice for your clients?

Oath guides clients through the estate planning process with a well-defined approach that addresses their specific concerns, such as the reluctance to face one's own mortality. We ensure that trusts are set up correctly, which many estate plans fail to do, helping clients avoid unnecessary delays and complications.

What story do you tell most at your workshops?

I often share a personal story from my law school days when my grandfather passed away. Although his will intended an equal distribution among his children, only my aunt, his caregiver, inherited due to her name being on all his accounts. This led to the estate being used to settle her debts, leaving nothing for the other children. This example underscores the importance of careful planning.

Are there some state-specific documents that you prepare for clients? And if there are, why?

In Texas, it's particularly important to include specific language in trust documents to preserve homestead exemptions for taxes. Additionally, we prepare a Texas-specific power of attorney for financial decisions, which addresses unique aspects of Texas law that out-of-state documents often miss.

What do you estimate the longest possible probate could be in your state?

The longest probate I've known took about five years, involving a contested situation with a blended family and mineral rights. Typically, probate lasts between six to eighteen months, but complex cases can extend significantly longer.

How much do you think the most expensive probate might cost in your state?

Probate costs can be substantial, with some cases reaching up to $100,000. However, most probates cost between $3,000 to $10,000. These costs can accumulate, especially since each spouse's passing may require a separate probate process.

What are your three favorite communities that you visit on your workshop schedule?

I enjoy visiting the Temple Belton area, Bastrop, and staying close to the office in Round Rock. Each of these communities offers unique opportunities to connect with and assist local residents.

What's the most impactful story that you've heard from one of your clients?

The most impactful moments occur when a client passes away, and I assist the surviving family. Their relief upon realizing that everything has been pre-arranged so they can focus on grieving is profoundly gratifying. It illustrates the true value of advance planning.

Have you ever had a client you couldn't help because they reached out too late?

Occasionally, clients come to us too late for effective planning, such as those needing immediate help with a spouse diagnosed with dementia. In these cases, our options are limited until a guardianship is established.