Dallas-Fort Worth (817) 345-3637 | San Antonio (210)212-7589

Probate and Estate law

SMALL ESTATE PLANNING


• WILL.
• REVOCABLE INTER VIVOS TRUST (A “LIVING TRUST”)
• STATUTORY DURABLE POWER OF ATTORNEY FOR PROPERTY
• MEDICAL POWER OF ATTORNEY
• DIRECTIVES TO PHYSICIANS AND FAMILY OR SURROGATES (A “LIVING WILL”)
• DECLARATION OF GUARDIAN FOR MINOR CHILDREN
• DECLARATION OF GUARDIAN IF THE NEED LATER ARISES
• HIPPA (MEDICAL INFORMATION) AUTHORIZATION
• FUNERAL DIRECTIVE
• INSTRUCTIONS ON COORDINATING NON-PROBATE ASSETS LIKE LIFE INSURANCE AND RETIREMENT PLANS WITH THE REST OF THE ESTATE PLAN

LARGE ESTATE PLANNING


• BYPASS / CREDIT SHELTHER TRUST PLANNING
• MARITAL TRUST / QUALIFIED TERMINABLE INTEREST PROPERTY (QTIP) TRUST
• LIFE INSURANCE TRUST
• IRREVOCABLE TRUST FOR GIFTING AND BUSINESS OWNERSHIP
• FAMILY LIMITED-PARTNERSHIPS AND LLCS
• QUALIFIED PERSONAL RESIDENCE TRUST
• GRANTOR RETAINED ANNUITY TRUST (GRAT)
• CHARITABLE-REMAINDER UNITRUST (CRUT)
• CHARITABLE LEAD ANNUITY TRUST (CLAT)
• TAX-MOTIVATED GIFT GIVING PROGRAM
• GENERATION SKIPPING TRANSFER (GST) PLANNING
• DYNASTY/LIFETIME TRUSTS FOR DESCENDANTS
• PLANNING FOR IRAs AND QUALIFIED RETIREMENT PLANS

SPECIAL PLANNING


• PRENUPTUAL / PRE-MARITAL PROPERTY AGREEMENTS
• POST-MARITAL PROPERTY AGREEMENTS
• BLENDED FAMILIES / SECOND MARRIAGES
• SAME SEX COUPLES
• SPECIAL NEEDS TRUSTS / PLANNING FOR DISABLED OR CHALLENGED BENEFICIARIES
• PLANNING FOR THE TERMINALLY ILL

PROBATE & ESTATE PLANNING


To begin an estate plan, you must take the first step. That first step is usually sitting down with a professional and asking the tough, sensitive and emotional questions.

HOW WILL YOUR ACCUMULATED WEALTH SURVIVE YOU? HOW DO YOU WANT TO BE REMEMBERED? WHAT WILL HAPPEN TO YOU IF YOU ARE TEMPORARILY DISABLED OR PERMANENTLY DISABLED? WHAT WILL HAPPEN TO YOUR ESTATE IF YOU ARE TEMPORARILY DISABLED OR PERMANENTLY DISABLED? WHO DO YOU TRUST? WILL THAT PERSON ENSURE YOUR WISHES ARE PERFORMED? IS THERE ANYONE YOU DO NOT WANT TAKING PART IN A SHARE OF YOUR ESTATE? WHO DO YOU WANT TO HAVE POWER OF ATTORNEY? WHO DO YOU WANT TO BE YOUR EXECUTOR AND SUCCESSOR EXCUTOR? WHO DO YOU WANT TO BE YOUR TRUSTEE? HOW MANY UNSECURED AND SECURED CREDITORS WILL NEED TO BE PAID OR PLANNED AROUND?

Estate Planning is a critical component of each person’s wealth portfolio. It is the only way to ensure that your accumulated wealth passes the way you want it to, whether that is to your loved ones, friends, family, charities, etc. When planned and executed correctly, Estate Planning guarantees that your final wishes, hopes and dreams survive your death. When done poorly and incorrectly, you may not be alive to provide a solution.

Your planning must begin now. We cannot stop Father Time and, unfortunately, we all have expiration dates. Each tick of the clock is another second, minute, hour that we get closer to the final day of our life.

CONFIDENTIALITY: With our representation, we will treat YOUR matter with the utmost sensitivity, professionalism, and confidentiality. We expect the same from our Client. Any and all matters shared between YOU and The Mohr Law Firm, PLLC are protected by the Attorney-Client Privilege. This is the highest privilege available to any party in any Court.

TEAMWORK: A comprehensive Estate Plan will be multifaceted, involving expert advise from the Attorney’s with The Mohr Law Firm, PLLC and our network of business associations of Certified Financial Planners, Tax Attorneys, Certified Public Accountants, Realtors, Insurance Agents, Religious Advisors, Bankers, and Doctors to name a few.

ADMINISTRATION OF ESTATE


• INDEPENDENT VS. DEPENDENT
• ROLES:

EXECUTOR

o Get the will admitted to probate (recognized as valid by a court).
o Give the necessary notices to creditors of the decedent.
o Give the necessary notices to beneficiaries named in the will.
o Prepare and file the required inventory of estate assets.
o Process creditors’ claims.
o Account to beneficiaries.
o Formulate a plan for distributing estate assets to the beneficiaries.

ADMINISTRATION OF TRUST


• TRUSTEE OR SUCCESSOR TRUSTEE OF A TRUST

BENEFICIARY OF ESTATE OR BENEFICIARY OF TRUST?ESTATE AND TRUST LITIGATION


• WILL CONTESTS
• CONTESTED GUARDIANSHIPS
• LAWSUITS REQUIRING EXECUTORS AND TRUSTEES TO ACCOUNT
• BREACH OF FIDUCIARY DUTY LITIGATION
• LAWSUITS TO RECOVER PROPERTY LOST BY INCOMPETENT OR DISHONEST EXECUTORS AND TRUSTEES
• LAWSUITS SEEKING THE REMOVAL AND REPLACEMENT OF EXECUTORS AND TRUSTEES
• LITIGATION TO CONSTRUE THE TERMS OF A WILL OR TRUST
• DEFENDING EXECUTORS AND TRUSTEES AGAINST CLAIMS BY BENEFICIARIES
• ACTIONS TO MODIFY OR TERMINATE TRUSTS

Contact Mohr Law

Office Locations


South Texas Office
Justice League Property
3030 Nacogdoches Rd., Suite 222-H
San Antonio, Texas 78217
Office: (210) 212-7589

North Texas Office
Cedar Ridge Building
950 East State Highway 114, Suite 160
Southlake, Texas 76092
Office: (817) 345-3637