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Our General Legal Consultation package provides you with a 30-minute phone call or Zoom conference with one of our experienced, licensed Texas attorneys to help you get the answers to your legal questions. This affordable package ensures you get the information and direction you need to handle your situation. We're here to provide the legal support you need when you need it most. Products Included: (1) one 30-minute consultation by phone or Zoom video conference. How it works: Upon purchasing a service, you will be able to schedule the Zoom conference. If there are problems with scheduling, we will contact you. This package is limited to one 30-minute Zoom conference and does not involve any other work.

Our Probate Consultation package offers you expert guidance during difficult times. Navigating estate matters after a loved one's death can be overwhelming. This package ensures you don't have to do it alone. Schedule a consultation with us, and we'll help you understand the probate process, assess your situation, and plan your next steps. We're here to provide the legal support you need when you need it most. Products Included: (1) one 30-minute consultation by phone or Zoom video conference. How it works: Upon purchasing a service, you will be able to schedule the Zoom conference. If there are problems with scheduling, we will contact you. This package is limited to one 30-minute Zoom conference and does not involve any other work. Subject to our Terms & Conditions.

Our Intestate Probate Consultation package offers you expert guidance during difficult times. Navigating estate matters after a loved one's death when they did not have a will can be overwhelming. This package ensures you understand the process. Schedule a consultation with us, and we'll help you understand the heirship and intestate probate process, assess your situation, and plan your next steps. We're here to provide the legal support you need when you need it most. Products Included: (1) one 30-minute consultation by phone or Zoom video conference. How it works: Upon purchasing a service, you will be able to schedule the Zoom conference. If there are problems with scheduling, we will contact you. This package is limited to one 30 minute Zoom conference and does not involve any other work. Subject to our Terms & Conditions.

As your child turns 18, one of the most important steps you can take is to ensure they have the proper legal documents in place, such as powers of attorney and HIPAA authorizations. These documents are crucial for protecting your child’s interests and ensuring that you, as a parent, can continue to assist them in critical situations even when they are far from home. However, when it comes to preparing these documents, many parents are tempted to turn to pre-paid legal form services like Mama Bear Legal Forms or LegalZoom. While these services may seem convenient and cost-effective, they are not always the best option for your young adult's legal needs. Here’s why working with a real attorney, like Curbside Attorney, is always the better choice. 1. Customization and Personalization Pre-paid legal services offer templates and standardized forms that may not fully address your child's unique situation. Every family has its own dynamics, medical needs, and financial circumstances, and these factors should be carefully considered when drafting legal documents. A real attorney will take the time to understand your family's specific needs and tailor the documents accordingly. This customization ensures that the powers of attorney and HIPAA authorizations are comprehensive and aligned with your child's best interests. Prepaid legal services cannot do this. They are prohibited from giving you legal advice and can only provide you with a form that you are responsible for completing. 2. Legal Expertise and Experience While pre-paid legal services can provide basic forms, they lack the depth of knowledge and experience that a seasoned attorney brings to the table. Our attorneys have spent years studying and practicing law, which allows them to foresee potential legal issues that generic forms might not cover. They are also up-to-date on the latest legal changes and can advise you on how these changes might impact your documents. This level of expertise is invaluable when it comes to protecting your child's legal rights and ensuring the documents are legally sound. 3. State-Specific Laws Legal requirements can vary significantly from state to state. Pre-paid legal services often use generic forms that may not comply with the specific laws of your state or the state where your child is going to school. An attorney who practices in your state will be well-versed in the local laws and regulations, ensuring that the documents you create are fully compliant with the applicable law. This reduces the risk of the documents being challenged or deemed invalid when they are needed most. For example, if you use a pre-paid legal service form, you will not know whether it is valid until you need it. We have had situations where out-of-state universities and hospitals have rejected pre-paid legal forms. 4. Ongoing Legal Support Legal needs can change over time, especially as your child moves through different stages of life. A relationship with a real attorney provides you with ongoing legal support. Whether your child moves to a new state for college or experiences a significant life event, if you work with a real attorney, they can update the documents to reflect these changes. This ongoing relationship ensures that your legal documents remain relevant and effective. 5. Risk of Incomplete or Inaccurate Documents Using pre-paid legal services often comes with the risk of completing forms incorrectly. The questions asked by these services are often too broad or generic, leading to misunderstandings or incomplete answers that could render the documents ineffective. An attorney, on the other hand, will guide you through the process, ask the right questions, and make sure every detail is addressed properly. 6. Easy of Signing or Executing Documents One of the things that online legal forms companies do not tell you is that you are responsible for ensuring that the documents are correctly filled out but also that they are properly executed. Most documents require that the signer's signature be notarized. If can be difficult to locate a notary public or witnesses for this purpose. Using Curbside Attorney, we take care of that for you and make it simple. 7. Peace of Mind When it comes to your child’s well-being, peace of mind is priceless. Knowing that you’ve worked with a qualified attorney to draft these critical documents gives you confidence that your child is protected. This peace of mind comes from knowing that the documents have been carefully crafted, reviewed, and executed according to the highest legal standards. Conclusion While pre-paid legal services like Mama Bear Legal Forms and LegalZoom might seem like a quick and easy solution, they fall short when it comes to the nuanced and individualized needs of your young adult's legal documents. The stakes are too high to rely on generic forms that may not offer the necessary protection. By working with a real attorney, you ensure that your child’s legal documents are thorough, state-compliant, and tailored to your family's specific needs. Invest in their future by choosing the expertise and personalized service that only a dedicated attorney can provide. You can find out more about Curbside Attonrey's young adult packages here:

When it comes to preparing for the unexpected, most people think about having a will, financial planning, and making sure their affairs are in order. However, one crucial aspect that is often overlooked is planning for healthcare decisions if you're ever unable to communicate them yourself. In Texas, a Physician's Directive (often called a Living Will) and a Medical Power of Attorney are both essential tools for ensuring your medical preferences are respected. Let’s delve into why having a Physician's Directive is just as important, if not more so, than having a Medical Power of Attorney. Understanding the Basics Medical Power of Attorney : This document allows you to appoint someone you trust to make healthcare decisions on your behalf if you are unable to do so. Your designated agent will make choices about your medical treatment based on your expressed wishes or their understanding of your preferences. Physician's Directive (Living Will): This document specifies your wishes regarding medical treatment in situations where you are terminally ill, in a persistent vegetative state, or otherwise unable to communicate your desires. It outlines the types of medical interventions you want or do not want, such as life support and artificial nutrition. Why You Need Both 1. Clarity of Wishes A Medical Power of Attorney relies heavily on your appointed agent's understanding of your preferences. While this can be effective, it can also lead to confusion or misinterpretation, especially if your wishes are not clearly communicated. A Physician’s Directive provides explicit instructions about your desires, ensuring that your wishes are clearly documented and less open to interpretation. 2. Avoiding Conflict Without a clear Physician's Directive, your family or medical team may struggle with making difficult decisions in a high-stress situation. A Living Will helps to minimize potential conflicts among family members and ensures that your preferences are known and respected, rather than leaving your loved ones to make tough decisions without guidance. 3. Legal and Medical Precision In Texas, the law allows a Medical Power of Attorney to cover a broad range of healthcare decisions, but it may not address specific end-of-life issues or preferences. A Physician’s Directive is legally designed to handle scenarios where you are incapacitated and unable to express your wishes, providing a clear, legally binding guide for the medical team. 4. Peace of Mind Knowing that you have a clear plan in place for your healthcare decisions can offer immense peace of mind, both for you and your family. By having a Physician’s Directive, you ensure that your preferences are known and will be followed, relieving your loved ones from the burden of making these tough decisions on your behalf. 5. Complementary Roles A Physician’s Directive and a Medical Power of Attorney work best when used together. The Medical Power of Attorney can make decisions not specifically covered in your Living Will, and can step in to make choices if your condition is not addressed in the Directive. This complementary approach ensures comprehensive coverage for all potential scenarios. How to Create These Documents Creating a Physician’s Directive and a Medical Power of Attorney involves careful consideration and, often, consultation with an attorney. It’s important to discuss your preferences with your chosen agent and ensure that both documents are drafted in accordance with Texas law. It's also crucial to regularly review and update these documents as your health or personal circumstances change. Conclusion In Texas, having both a Physician’s Directive and a Medical Power of Attorney is essential for comprehensive healthcare planning. While a Medical Power of Attorney appoints someone to make decisions on your behalf, a Physician’s Directive provides specific guidance on your treatment preferences, ensuring that your wishes are honored in all circumstances. By preparing both documents, you protect yourself and your loved ones from uncertainty and ensure that your healthcare choices are respected. You can read more about Curbside Attorney's products, including medical powers of attorney and Physician's Directives here: For more information on creating these essential documents, or to discuss your specific needs, contact us at Curbside Attorney. We’re here to help you navigate your legal options and ensure that your healthcare wishes are clearly and effectively communicated.

Introduction The probate process can seem overwhelming, especially during the difficult time following the loss of a loved one. A lot of our clients have misconceptions about the probate process and believe it to be very complicated and expensive. In Texas, the way an estate is handled can vary significantly depending on whether the deceased left a valid will or died intestate (without a will). At Curbside Attorney, we believe in making the legal process as straightforward as possible for our clients. Here, we’ll discuss the probate process in Texas, the differences between having a will and not having one, and the importance of avoiding the complications of heirship and dependent administration. Probate with a Valid Will When someone dies with a valid will, the probate process is generally more straightforward. The will specifies how the deceased’s assets should be distributed and appoints an executor to oversee the estate. I ndependent Administration : Most wills in Texas include a provision for independent administration. This means the executor can administer the estate with minimal court supervision, making the process quicker and less expensive. The executor can pay debts, distribute assets, and handle other estate matters without needing frequent court approvals. Probate Steps with a Will: File the Will : The executor files the will with the probate court in the county where the deceased resided. Notice to Heirs : The executor notifies heirs of the probate proceedings or can have them sign a waiver of citation. Hearing to Admit Will and Appoint Executor: After that, a hearing occurs where the court inspects the will and admits it to probate. Once this is done, the Court appoints the independent executor. The appointed independent executor then receives "Letters Testamentary" that prove they are the appointed representative of the estate and authorized to handle its business and assets. Notice to Creditors : The executor notifies any potential creditors of the probate proceedings and their appointment as the independent executor so they can make any claims against the estate. This is done by publishing a notice in the local newspaper. Inventory, Appraisement, and List of Claims : The executor files an inventory of the estate’s assets with the court. The court must approve the inventory. Distribution of Assets : After paying debts and taxes, the executor distributes the remaining assets according to the will. Probate Without a Will (Intestate) When someone dies intestate, the estate is distributed according to Texas intestacy laws. This process can be more complex and time-consuming because it actually involves two (2) separate but related legal proceedings. First, the court must determine the rightful heirs. Then, the court has to appoint someone to administer the estate. Heirship Proceeding : Without a will, an heirship proceeding is required to establish who the legal heirs are. This process involves: File Application for Heirship Determination. An interested party must file a request for the court to determine a person's heirs. Court-Appointed Attorney Ad Litem : As part of the heirship. the court appoints an attorney ad litem to represent unknown heirs and ensure a fair determination of heirs. Proof of Heirship : Heirs must provide evidence of their relationship to the deceased, often involving testimony and documentation. At a minimum, two independent and disinterested witnesses with knowledge of the decedent's family and marital history must testify to identify the heirs. Ad Litem's Report : The Ad Litem Attorney conducts their investigation and files a report with the court, giving their opinion as to who the heirs are and what they share of the decedent's separate and community property. Court Determination/Hearing : After the Ad Litem files their report, a hearing is scheduled where the court hears the testimony of the applicant (who filed the suit), the two witnesses (who must show up in person), and the recommendations of the attorneys. If the evidence is sufficient, the court will issue an order declaring the heirs and their respective shares of the estate. This is sometimes referred to as a Judgement of Heirship. Dependent Administration : In many cases of intestacy, the court may require dependent administration, which involves: Court Supervision : The administrator must obtain court approval for most actions, including selling property, paying debts, and distributing assets. There is a mechanism for having an independent administration if all heirs consent to it. Increased Costs and Delays : Dependent administration is more costly and time-consuming due to the need for continuous court involvement and oversight. Why Everyone Needs a Will As you can see, a probate of a will is significantly easier than an intestate probate. Thus, creating a will can significantly simplify the probate process for your loved ones. Having a will clearly outlines who inherits your assets, eliminating the need for complex and often contentious heirship proceedings. A properly drafted will designate an executor, and the estate should be independently administered. Including a provision for independent administration in your will allows for a smoother and less expensive estate administration process. Moreover, a will ensures your assets are distributed according to your wishes rather than being subject to the default rules of intestacy. Conclusion At Curbside Attorney, we strive to make estate planning simple and accessible. Having a valid will not only ensures your wishes are honored but also spares your loved ones from unnecessary legal complications and expenses. Your home and assets are significant investments, and securing them with a well-crafted estate plan provides peace of mind for you and your family. We offer affordable fixed-fee probate products that can handle both the probate of a will and intestate probate, which you can read about here: Contact us today at Curbside Attorney to start planning your estate. Let us help you create a will that protects your legacy and provides clarity for your loved ones. Avoid the pitfalls of intestacy and ensure your estate is managed efficiently and according to your wishes.