Estate planning can be complex, but you don’t have to navigate it alone. Here are answers to the most frequently asked questions about estate planning in McAllen. For a full guide to our estate planning services, visit our Estate Planning McAllen page.
Common Estate Planning Questions Answered
1. Why Should I Hire an Estate Planning Attorney Near Me Instead of Using an Online Service?
Working with a local estate planning attorney ensures your plan complies with Texas law and is tailored to your unique needs. Online templates often miss key legal requirements and don’t account for local probate processes or family dynamics.
Why You Should Use an Attorney for Estate Planning?
2. What’s the Difference Between a Will and a Living Trust In McAllen?
A will takes effect after your death and typically requires probate. A living trust becomes active immediately and can transfer assets without going through probate court, which can save time and money for your loved ones.
3. How Can I Avoid Probate In Texas?
Avoiding probate may involve:
- Creating a living trust
- Using payable-on-death or transfer-on-death accounts
- Titling property jointly with rights of survivorship
- Keeping your estate plan updated with an attorney
Avoiding Probate in Texas Pt. 1
Avoiding Probate in Texas Pt. 2
4. What Happens If I Die Without a Will in Texas?
If you pass away without a will, your estate goes through intestacy, meaning the state decides who inherits your assets. A probate court will distribute your belongings based on default laws, which may not align with your wishes.
5. What Does a Probate Lawyer in McAllen, TX, Actually Do?
A probate lawyer helps navigate the legal process after someone dies. Services include:
- Filing the will with the probate court
- Guiding executors or administrators
- Paying debts and taxes
- Distributing assets to heirs
The Importance of Hiring an Estate Planning Attorney
6. When Should I Update My Estate Planning Documents?
You should update your plan when:
- You get married or divorced
- You have children or grandchildren
- Your financial situation changes
- You move to a new state
- Your executor or beneficiaries change
7. What Powers of Attorney Should I Include in my Estate Plan?
Every estate plan should include:
- Medical Power of Attorney – for healthcare decisions
- Durable Financial Power of Attorney – for managing money and property
These allow trusted individuals to act on your behalf if you’re incapacitated.
8. What Questions Should I Ask My Estate Planning Attorney?
When meeting with an attorney, ask:
- How will you customize my estate plan?
- Do you handle probate cases?
- What documents do I need for incapacity planning?
- Will my plan help avoid probate?
- How often should we review my plan?
What to Ask an Estate Planning Attorney
9. Do I Need Both a Will and a Trust In McAllen?
In many cases, yes. A will covers assets not included in your trust and names guardians for minors. A trust handles more complex assets and allows for faster distribution without the need for probate. An attorney can help determine the best approach.
10. How do I Know Which McAllen Lawyers are Right for Me?
Look for a firm that:
- Specializes in estate law, probate, and business law
- Offers personalized service, not cookie-cutter solutions
- Has a strong reputation in the community
- Takes time to explain your options clearly
Fryer & Hansen offers all this and more—providing trustworthy guidance for life’s most important legal decisions.
Schedule a FREE Consultation with Our McAllen Law Firm Today
Ready to take control of your legacy? Schedule a consultation with Fryer & Hansen’s estate planning lawyer today. If you’re starting or updating your estate plan, our team is here to help with expert guidance and professionalism. Contact us now to secure your family’s future.