Question 1

What is a Will?

Accepted Answer

Wills are the fundamental estate planning document used to tell your loved ones (and the Court) how your estate will be divided after you die. To make a will, you generally must be over the age of 18 and have testamentary capacity, meaning you understand the nature and extent of your property, and the consequences of making a will, and can make reasonable judgments regarding your will. At a minimum, wills must be in writing and signed by you, as well as two witnesses over the age of 14. A will in and of itself doesn’t transfer property to loved ones. To accomplish that, the will generally will have to be probated (see more on Probate below).

Question 2

What is a Trust?

Accepted Answer

Trusts are legal structures in which an individual or entity (called a trustee) holds, manages, and invests assets on behalf of one or more beneficiaries. The person creating the trust (the settlor) selects the party(s) who will serve as trustee(s), names one or more beneficiaries, and determines how the trustee must manage the funds held in the trust. The settlor can even name themselves as the primary beneficiary and trustee. A well-structured trust offers benefits such as asset protection, control over wealth distribution, estate tax savings, and providing for vulnerable loved ones such as children with special needs. Trusts can also help you avoid probate, which saves time and money, and allows for more privacy.

Question 3

What is a Power of Attorney?

Accepted Answer

A Power of Attorney gives one or more people the authority to act on your behalf. You can give a person broad power to act for you, or very limited power for a specific transaction. Common Powers of Attorney include Medical Powers of Attorney and Statutory Durable Powers of Attorney. A Medical Power of Attorney authorizes someone to make medical decisions on your behalf and receive medical information about you in the event you are incapacitated. A Statutory Durable Power of Attorney gives someone the authority to handle your personal business, such as paying bills and managing finances. Power to act under a Statutory Durable Power of Attorney can be granted immediately, or to only take effect upon your incapacitation.

Question 4

What are Executors and Trustees, and how do I choose the right one?

Accepted Answer

An executor is someone you name in your will to be responsible for overseeing the closing out and distribution of your estate after you die. Executors are usually close family members who are beneficiaries under the will (such as a spouse or adult child), but they can be anyone trustworthy, responsible, and detail-oriented. Key tasks of the executor include:
Appearing in probate court to be officially designated as the estate’s representative 
Gathering and protecting the estate assets 
Managing the estate finances and paying off debts 
Distributing the estate to the beneficiaries per the terms of the will 
Closing the estate

Question 5

How do I know when to update my estate plan?

Accepted Answer

It’s a good idea to review your estate plan every two to three years and consider whether any changes are needed. Common reasons to review and potentially update your estate plan include:
Moving out of Texas 
Getting married or divorced 
The death of a spouse, beneficiary, named trustee or guardian 
Receiving a substantial inheritance or significant increase in the value of your estate 
A child developing a special-needs condition

Question 6

What is Probate and Estate Administration?

Accepted Answer

When you’ve lost a loved one, probate and estate administration allows you to gather your loved one’s assets, settle their debts, and distribute the remainder according to your loved one’s will or state law. Not all estates require probate or administration, but it’s best to check with a probate/estate administration attorney to be sure. The estate includes, with a few exceptions, any assets owned by your loved one at their death, including real estate, vehicles, household items, valuables and collectibles, financial assets, and business interests. The estate does not include any assets that automatically transfer upon death, such as bank and investment accounts with named payable-on-death beneficiaries. Probate of a will must be accomplished within 4 years of the date of death.

Question 7

How do I avoid my family having to go through probate once I’m gone?

Accepted Answer

While probate in Texas is efficient and economical compared to other states, there are reasons to avoid it. Probate can take months and usually costs thousands of dollars, and the filings as part of the probate proceeding become public records. Strategies to avoid probate include creating a trust to hold your assets and naming payable-on-death beneficiaries on your bank and other investment accounts. Specific to real estate, a Lady Bird Deed can be used to transfer property to your loved ones upon death without probate.

Question 8

What is a Limited Liability Company?

Accepted Answer

A limited liability company (or LLC) is a legal entity that holds your business assets, including real estate, vehicles, and other tangible property, and financial accounts. An LLC can be held by another legal entity, such as a trust. If your assets and debts are kept separate from the business assets and debts held by the LLC, any lawsuit or other claim involving the business held by the LLC is limited to only those assets within the LLC, shielding your personal assets from loss. An LLC can be further subdivided into Registered Series (Series A, B, C, etc.) that provide further protection.  Though part of the same LLC, if the Series’ assets and debts are kept separate, claims or lawsuits involving business property held in Series A, for example, will only affect property in Series A, shielding property held in Series B, C, and so on. This construct can be especially valuable for owners of rental property.

Question 9

What is a Lady Bird Deed?

Accepted Answer

A Lady Bird Deed is a way to transfer real estate to loved ones upon your death without the need for probate. The deed is signed and filed during your lifetime but does not take effect until you pass away. In the meantime, your ownership and use of the property are otherwise unaffected, and the deed can be revoked if you sell your property or simply change your mind.

Question 10

What are some strategies for wealth protection?

Accepted Answer

Wealth protection strategies focus on preserving existing wealth and minimizing potential losses. Common methods for wealth protection include:  
Diversifying investments across different asset classes, such as stocks, bonds, and real estate 
Insurance, such as life, disability, and long-term care insurance 
Maintaining an emergency fund 
Comprehensive estate planning 
Avoiding high-risk investments 
Working with a financial advisor

Question 11

What services does Coggin & Coggin PLLC provide?

Accepted Answer

Coggin & Coggin PLLC offers services in business law, probate, estate planning, and wills in the Burleson, TX area.

Question 12

What are the office hours of Coggin & Coggin PLLC?

Accepted Answer

The office is open Monday to Friday from 9:00 AM to 4:00 PM and closed on weekends. Walk-ins are welcome and extended hours may be available upon request.

Question 13

How can I contact Coggin & Coggin PLLC?

Accepted Answer

You can reach them by phone at +1 817-295-7161 or via email at dcoggin@dcoggin.com.

Question 14

What payment methods are accepted at Coggin & Coggin PLLC?

Accepted Answer

Payment options include check, MasterCard, and Visa.

Question 15

What is a will and how does Coggin & Coggin PLLC assist with it?

Accepted Answer

A will is a fundamental estate planning document that specifies how your estate will be divided after death. Coggin & Coggin PLLC helps clients create valid wills that meet legal criteria.

Question 16

Can Coggin & Coggin PLLC help me avoid probate for my estate?

Accepted Answer

Yes, they provide strategies such as creating trusts and using Lady Bird Deeds to help clients avoid probate and its associated costs and delays.

Question 17

What is the role of an executor and can Coggin & Coggin PLLC assist in choosing one?

Accepted Answer

An executor oversees the distribution of your estate after you pass away. Coggin & Coggin PLLC can guide you in selecting a responsible and trustworthy executor.

Question 18

Is Coggin & Coggin PLLC located near any financial or legal services?

Accepted Answer

Yes, nearby places include Oates Financial and Tax Services and Capital Title - Burleson, which provide complementary financial and real estate legal services that might be useful before or after visiting the firm.

Question 19

Are there nearby clinics or medical services close to Coggin & Coggin PLLC?

Accepted Answer

Nearby medical services include Texas Health Medical Associates Wilshire Family Medicine and Wilshire Family Medicine Clinic, where clients can manage health needs conveniently while attending to legal matters.

Question 20

What local dining options are available near Coggin & Coggin PLLC?

Accepted Answer

Clients can enjoy nearby eateries such as Go Loco Street Tacos & Burritos for a quick meal, or Chicken Express for American fast food.

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