Do I need an estate plan?
Basic Estate Planning
Everyone qualifies to need an estate plan. Simply, an estate plan is the portfolio of documents that direct one's medical decisions and financial powers in the event of incapacity as well as the distribution of assets upon death. Each estate plan is personal and unique, and the legal documents must be executed according to statute to be effective.
While not pleasant to contemplate, having established an estate plan is a caring gift to loved ones facing a stressful and emotional medical situation or time of grief.
It will be my honor to see your wishes honored. - Lanie Brown
Do I have to probate the will?
Probate and Heirship
Probate is the legal process of validating a will and transferring title to estate property. Even when there is a valid will, some assets may pass outside probate. Alternatively, when there is no will, a court must determine heirship before estate property may be distributed. In the case of a very modest estate, certain assets may be claimed through the court approving a more simple affidavit.
Settling a loved one's affairs after death can be a daunting assignment. Lanie Brown practices with compassion to find the most efficient path through estate administration.
Lane Marie Brown is a member of the Real Estate, Probate & Trust Law Section State Bar of Texas.
How do I get guardianship?
Letters of Guardianship
Guardianship is a fiduciary relationship that involves continuous duties to the ward and the court. To create a guardianship, first, the court must make a finding that the proposed ward is incapacitated and that guardianship is necessary. Then, to receive Letters of Guardianship, an applicant must be appointed by the appropriate court and qualify as guardian. Notably, the court's utmost consideration is the proposed ward's best interest.
Creating a guardianship is a complex legal process that impacts constitutional freedoms. Accordingly, Lanie Brown pursues guardianship thoughtfully to explore less restrictive alternatives, do what is right for the proposed ward, and meet the court's requirements.
Lane Marie Brown is a certified guardianship attorney.
Property Information
Land Your Legacy
For many Americans, the homestead is the most valuable and cherished investment. Indeed, it can be one's legacy! Perhaps your goal is to keep a property in the family or transfer it to a specific individual with minimal burden on loved ones. Or perhaps you would like to arrange a generous gift to a worthy cause. A benefactor can even donate land as a conservation easement. Real property is an important investment that presents a wonderful opportunity to do good deeds.
Property Characterization
Are you certain if your real property is characterized as separate property or community property—or mixed? Who will receive title to your homestead upon your death, and how? What if multiple beneficiaries won't share and share alike?
While sometimes difficult to contemplate, having established an estate plan for real property clarifies one's wishes for loved ones facing a time of loss. Additionally, it can be advantageous when family members talk through differences and come to a peaceable agreement about how to share or partition a legacy property and other assets.
HOA Contracts and Questions
Subdivision deed restrictions are intended to uphold an overall development plan and character of a community. These restrictive covenants are mutual contracts among property owners that "run with the land." Generally, buyers submit to these burdens on their properties because the same restrictions are imposed on all for the benefit of all. But what happens when neighbors don't act so neighborly?
Ms. Brown is a published legal writer and has contributed several articles on homeowners association questions to the REPTL Reporter, Journal of the Real Estate, Probate & Trust Law Section State Bar of Texas.
Ms. Brown is published in State Bar of Texas law journals.
Exceeding requirements in legal education.
