Jamie Graham & Associates, PLLC

3 questions to ask during estate planning

Do you have a will and think you are done with end-of-life preparation? Do you lack a will or any other estate planning documents at all?

Whatever your situation, you can benefit from going through the process of creating estate plans, whether for the first or second time. You can begin by answering these three questions to ensure your plans are the most beneficial to your estate.

1. Where do you want your assets to go?

While the simple answer to this question is "family," there are other considerations to make. Some of these include:

  • Is there anyone you want to disinherit?
  • Do you want to set restrictions on inheritances?
  • Are there any charities or other organizations you want to give money to?
  • Have you considered the tax consequences of passing on your assets? 
  • Would setting up a trust be helpful in your situation?

Be as clear and thorough as possible in your desires for the distribution of your property. Your family and the court will be likelier to adhere to your wishes and less likely to dispute the validity or terms of your will.

2. What kind of representation do you want if you become incapacitated?

A will does not cover what will happen in the event you become incapacitated. You need to establish who can make decisions for you regarding finances and health care if the time comes that you cannot make those decisions yourself. These duties are called powers of attorney. You can appoint someone to fulfill both areas or name separate people for each role. Additionally, you should create a living will that dictates your end-of-life care.

3. Whom do you want to be the executor of your estate?

To ensure the successful handling of your estate, you need to have an executor; that is, someone who will be responsible for taking the will through probate, paying off debts and taxes, taking an inventory of assets and distributing them to beneficiaries. This executor may be a family member or another trusted person. Certain restrictions for eligibility apply.

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At Jamie Graham & Associates, PLLC, we have received a variety of honors and awards for our family law services. Members of our team have been listed as Top Lawyers in San Antonio Scene magazine. We take pride in the number of positive reviews we have received from satisfied clients. On AVVO, a lawyer rating website, we have received an 8.9 rating overall and many positive ratings from clients and colleagues.

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Jamie Graham & Associates, PLLC
310 South St. Mary's Street
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San Antonio, TX 78205

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