Estate Planning

Every Texas resident should have an estate plan which includes the following documents at a minimum:

1. A Will to dispose of your assets after you die, whether outright or in trust;

2. A Statutory Durable Power of Attorney to name an agent to take care of your finances if you are unable to do so;

3. A Medical Power of Attorney to name an agent to make medical decisions if you are unable to do so;

4. A HIPAA Authorization giving the agents named in your Medical Power of Attorney access to your medical information
    because of the privacy act;

5. A Directive to Physicians stating your wishes if you are dying and cannot communicate with your doctors and family; and

6. An Appointment of Agent to Control Disposition of Remains, in which you state your wishes about what happens to your
    physical body after you die (e.g., cremation).

7.  A Declaration of Guardian in which you name the person(s) you want to serve as your guardian if you are incapacitated and the need arises for a court to appoint a guardian for you.
In addition to these documents, there are other estate planning tools that can be used, such as lifetime trusts and family limited partnerships, in situations where estate and income tax planning may be needed. We gather information about your assets and your desires to prepare a comprehensive estate plan that suits you and your family, whether simple or complex.
 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
Probate and Trust Administration

We assist clients through the post-death process by providing advice and documents to transfer assets to beneficiaries under wills and trust agreements. We represent executors and trustees and assist them with estate and trust administrations, including claim issues, beneficiary problems, tax complications, and distributions of assets. Many of our cases involve complex issues relating to heirship (due to deaths without a will) and sometimes even issues of law involving other states and countries. We also represent clients in contested probate matters, including will and trust contests, and we frequently participate in fiduciary litigation (i.e., actions against executors, trustees, guardians, and agents under a power of attorney).

 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
Guardianship

Guardianships are required when a person is a minor and has received property (usually through an inheritance) or when an adult is incapable of taking care of himself or his finances. While proper planning usually avoids guardianship, there are many times when an older person needs nursing home care but refuses to leave his home, or when a minor with disabilities becomes an adult and needs someone to make his medical and other decisions for him. We assist clients through the guardianship process from the initial application to the closing of the guardianship, including matters that may be contested along the way.
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
Real Estate

We advise clients in various aspects of real estate transactions, from simple residential sales to complex commercial transactions. We assist in the negotiation and preparation of contracts for the sale or purchase of real estate, review of surveys and title documents, preparation of deeds, mortgages and other important documents, and closing assistance, if needed. We also advise many clients about landlord-tenant issues (including evictions), easements, and other rights effecting real property, including those issues that become contested or involve litigation.
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
Business Organizations and Representation

We represent various kinds of businesses and assist clients in many areas of their business operation. We can help with business start-up, such as setting up corporations, partnerships, and limited liability companies, and we can help guide clients in their day-to-day operations, including problems and litigation. Our business clients include home builders, real estate companies, non-profits, car dealers, retail stores, and service providers.
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


We frequently assist clients wishing to adopt a child, whether privately or through the foster care system (i.e., Child Protective Services). We guide clients through each step of the adoption process from the initial petition to the joyous day the adoption is consummated. Sometimes this representation will involve contested issues, and we help clients resolve those issues as well.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
Disclaimer

The content of this website is intended for informational purposes only. Nothing herein is intended to form the basis of an attorney-client relationship or constitute legal advice. Sending e-mail to this firm or to an attorney at this firm will not create an attorney-client relationship. No attorney-client relationship will be created unless and until a written attorney-client agreement is signed by The Carlson Law Firm. Your use of this web site is at your own risk. We are not responsible for any errors or omissions in the content of this site or for damages arising from the use or performance of this site under any circumstances. By accessing our web site, you agree that the statutes and laws of the State of Texas will apply to all matters relating to use of this web site and you agree to submit to the exclusive personal jurisdiction and venue of the District Courts of Kerr County, Texas and/or the United States District Court for South Central Texas with respect to such disputes. The inclusion of any link on this site does not imply any recommendation, approval or endorsement of that site by us. In any State where this web site fails to comply with all laws and ethical rules of that state, this web site is not intended to be advertising and we do not wish to represent anyone desiring representation based upon viewing this web site.